The URL can be used to link to this page

Home My WebLink AboutOrd 1069 DA 97-2 Addendum #2 Holt Architects - Wonder PalmsORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 97-2 EXPANDING PERMITTED USES TO INCLUDE PLANNED INDUSTRIAL USES IN PLANNING AREA #1 OF THE WONDER PALMS MASTER PLAN CASE NO. DA 97-2 ADDENDUM #2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of May, 2004, hold a duly noticed public hearing to consider the request by HOLT ARCHITECTS for approval of the above described project; and WHEREAS, the Planning Commission by its Resolution No. 2263 has recommended approval of said development agreement; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project has been previously assessed, no further review will be necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of said request: With the Amendment to the Development Agreement, the proposed industrial/business park uses are in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That DA 97-2 Amendment #2, attached hereto as Exhibit "A" is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, ORDINANCE NO. 1069 published and circulated in the city of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 Robert A. Spiegel , Mayor ORDINANCE NO. 1069 EXHIBIT "A" 3 ORDINANCE NO. 1069 ADDENDUM TO DEVELOPMENT AGREEMENT DA-97-2 (WONDER PALMS) This Addendum ("Addendum") to Development Agreement DA-97-2 ("Development Agreement") is made and entered into this day of , 2004, by and between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California (the "City"), and See Attached "Page 1-A" , ("Developer"), with reference to the following facts, understandings and intentions of the parties: RECITALS A. On April 24, 1997, the City adopted Ordinance 838 approving Development Agreement DA-97-2 (the "Development Agreement"), attached hereto as Exhibit "A", for a development commonly known as "Wonder Palms". The Development Agreement was recorded in the records of Riverside County, California, as instrument No. 179687 on May 22, 1997 and remains in full force and effect. B. The Development Agreement provides certain assurances that the property ("Property") subject to the Development Agreement as described in Exhibit "B" of the Development Agreement will be permitted to develop according to the Development Plan and Existing Land Use Ordinances, as defined by the Development Agreement, for the term of that Agreement. C. The Development Plan provides for six enumerated Planning Areas and specific development parameters for each Planning Area. D. On 13th day of May , 2004, the City approved the Master Plan for Planning Area 1 attached hereto as Exhibit "C" which provides for an industrial/business park development which lies within Planning Area 1 of the Development Plan. E. Developer(s) owns all the property subject to the Master Plan, as more particularly described in Exhibit `B" hereto ("Master Plan Property"). F. City and Developer desire to supercede the Development Agreement to expand allowable uses in Planning Area 1 to include industrial uses with the following exceptions: 1. Mortuaries 2. Automotive storage and repair RM PMR W H\225373 ORDINANCE NO. 1069 "DEVELOPER" 1) VALLEY CENTER DEVELOPMENT, LLC 2) TIMOTHY DITOMASO & DEBORAH DITOMASO 3) DESERT SPORTS GROUP, LLC 4) DAVID & PAULA TURNER 1-A ORDINANCE NO. 1069 3. Preparation of foodstuffs (bottling, baking, etc.) 4. Adult entertainment uses and to continue in effect the assurances that Planning Area 1 will be permitted to develop according to the Existing Land Use Ordinances pursuant to the terms of the Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement legislation, as defined in the Development Agreement, and in consideration of the mutual covenants and promises of the parties therein contained, the parties agree that Development Agreement DA-97-02 is hereby superceded, with respect to Planning Area 1 only, as follows: SECTION 1. The property subject to this Addendum shall be Planning Area 1 only. SECTION 2. The Master Plan shall be the "Development Plan", as defined and described in the Development Agreement, for the Precise Plan Property. Development within the Master Plan Property shall be in accordance with the Master Plan and, except as otherwise provided in the Precise Plan, in accordance with Existing Land Use Ordinances of the City as defined in the Development Agreement. City may require that internal boundaries of planning areas within the Master Plan be adjusted to meet site plan objectives. Developer Parties agree to cooperate to adjust parcel boundaries to conform to adjusted Master Plan internal boundaries as necessary to achieve those site plan objectives. SECTION 5. Transfers and Assignments; Effect of Agreement on Title. 5.1 Rights and Interests Appurtenant. The rights and interests conveyed as provided herein to Developer benefit and are appurtenant to the Property. Developer has the right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate and assign any and all of its duties and obligations hereunder. Such rights and interests hereunder may not be sold, transferred or assigned and such duties and obligations may not be delegated or assigned except in compliance with the following conditions: (i) Said rights and interests may be sold, transferred or assigned only together with and as an incident of the sale, lease, transfer or assignment of the portions of the Property to which they relate, including any transfer or assignment pursuant to any foreclosure of RM PUB\R W H\2253 73 ORDINANCE NO. 1069 a Mortgage or a deed in lieu of such foreclosure. Following any such sale, transfer or assignment of any of the rights and interests of Developer under this Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same extent as if the purchaser, transferee or assignee were Developer hereunder. 5.2 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns; (ii) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; (iii) Each covenant to do or refrain from doing some act on the Property hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands, and (C) is binding upon each party and each successive owner during its ownership of the Property or any portions thereof, and shall benefit each party and its lands hereunder, and each such other person or entity succeeding to an interest in such lands. SECTION 6. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the following addresses: If to City: City Clerk of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 RMPUB\RW H\225373 ORDINANCE NO. 1069 If to Developer: 1. Valley Center Development, LLC, A Limited Liability Corporation P.O. Box 1154 San Luis Obispo, CA. 93406 2. Timothy DiTomaso and Deborah DiTomaso, Trustees of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 3. Desert Sports Group, LLC, A Limited Liability Corporation 4730 S.W. Macadam Avenue, Ste 101 Portland, OR 97239 4. David Turner and Paula Turner 77-899 Wolf Road, Suite 102 Palm Desert, CA 92211 City of Palm Desert, California, a Municipal Corporation organized and existing under the laws of the State of California Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. SECTION 7. Except to the extent of any inconsistency with this Addendum, all provisions of the Development Agreement are incorporated herein by this reference and shall remain in full force and effect. RMPUB\RW H\225373 [SIGNATURES APPEAR ON FOLLOWING PAGE] 4 ORDINANCE NO. 1069 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year first -above written. "DEVELOPERS": "CITY" 1. Valley Center Development, LLC, A Limited Liability Corporation P.O. Box 1154 San Luis Obispo, CA. 93406 Parcel 1, PMW 00-15, Docnt #2000-475387, pp 1-25 Pri iicinal 2. Timothy DiTomaso and Deborah DiTomaso, Trustees of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 Parcels 2&3, PMW 00-15 LM an Timothy DiTomaso Deborah DiTomaso 3. Desert Sports Group, LLC, A Limited Liability Corporation 4730 S.W. Macadam Avenue, Ste 101 Portland, OR 97239 Parcels 4,5,6 & 7, PMW 00-15 am Principal RMPUBUZW H\225373 City of Palm Desert, California, a Municipal Corporation organized and existing under the laws of the State of California Robert A. Spiegel, Mayor 5 ORDINANCE NO. 1069 4. David Turner and Paula Turner 77-899 Wolf Road, Suite 102 Palm Desert, CA 92211 P , Parc MW By e 71'1�-mw id Turner BY _ Y� — � Paula Turner RM PU B\RW H\2253 73 ATTEST: Rachelle Klassen, City Clerk City of Palm Desert 0 State of California }SS County of Riverside } On 1 Aoxc.[n 2-1_, 2005, before me, C,- l<<`� , a Notary Public, personally appeared Gero..l6 A, i 11 � ow,ns , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature State of California }SS County of Riverside } [ Notarial Seal ] cow QAUM— COnM"MIM # 1526970 Nolory h�NC - CaNloallo _ Rh�nldn *CMMbVWMM12.2=j On �,ou<-c�i 21 , 20DS, before me, (1;14� L� Ga-kk a Notary Public, personally appeared —Dit id B. -Turner 4 s�(cL Tcar✓�e� , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [ Notarial Seal ] Signature � QQ14k CMW GAUXX COnIf1111" # 15269" NOW - ca va"Ib ft lifts COU* MyCann. � Nov 12.2� ORDINANCE NO. 1069 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year first -above written. "DEVELOPERS": "CITY" 1. Valley Center Development, LLC, City of Palm Desert, California, a Municipal A Limited Liability Corporation Corporation organized and existing under P.O. Box 1154 the of the State of California San Luis Obispo, CA. 93406 Q 00t0 Parcel 1, PMW 00-15, Document #2000-475387, pp 1-25 By By Prinicipal Robert A. Spiegel, Mayor 2. Timothy DiTomaso and Deborah DiTomaso, Trustees of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 rcels 2&3, PMW 00-15 BY Timothy DiTom B � y &tz� Deborah DiTomaso Desert Sports Group, LLC, A Limited Liability Corporation es$0 4730 S.W. Macadam Avenue, Ste 101 Portland, OR 97239 Parcels 4,5,6 & 7, PMW 00-15 Principal RMPUB\RWH'L125373 State of California )SS County of Riverside ) On wI M FIRC—►3�9CICh Nay"O �a� Notary ARC H A 3 20 0. before me z Public, personally appeared %7M07-#V &a1V111W ± Q6a0,GY# D/TOUZ a Ny-k-ovvi l to-r;4e (or proved to me on the basis of satisfactory evidence) to be the person whose name A/ r subscribed to the within instrument and acknowled ed to me that tx�/ ey xecuted the same in 1Wl* eir authorized capacit ies , and that by hfs/!6' eI signaturEo on the instrument the person or the entity upon behalf of which the personfacted, executed the instrument. WITNESS rpy h and off' ial seal. Signature �,G`/ *„ M. M. FIREBAUGH COMM. #1524WS NOTARY PUSUC-CAUFORMA RIVERSIDE COUNTY i MY Comm. E)OW November 6, 2006 State of California )SS County of Riverside ) [ Notarial Seal I On , 20 , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [ Notarial Seal ] ORDINANCE NO. 1069 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year first -above written. "DEVELOPERS": "CITY" 1 10 0 Valley Center Development, LLC, A Limited Liability Corporation P.O. Box 1154 San Luis Obispo, CA. 93406 Parcel 1, PMW 00-15, Document #2000-475387, pp 1-2` Prinicipal Timothy DiTomaso "and Deborah DiTomaso, Trustees of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 Parcels 2&3, PMW 00-15 Timothy DiTomaso Deborah DiTomaso 3. Desert Sports Group, LLC, A Limited Lidbility Corporation 4730 S.W. Macadam Avenue; Ste 101 Portland, OR 97239 Parcels 4,5,6 & 7, PMW 00-15 By 1� Principal RMPU8\RW H\225373 City of Palm Desert, California, a Municipal Corporation organized and existing under the State of California Robert A. Spiegel, Mayor State of )SS County of Rhiamidp—) Ar vL--7 IV e m A � On "A-9-LN :�3 , 20 oS, before me, l A,6A a Notary Public, personally appeared �) S , Jr/ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [ Notarial Seal j Signatures Z _ 80OZ 411d3S S3aldx3 NOISSIRMOO AM LS 1t 'ON NOISSINHOO `n OFFICIAL SEAL NOJ3H0- rend AHV10N MARIA E HIGGINSON NOSNIOOIH 3 Vltl� ' NOTARY PUBLIC-OREGON 'IV3S IVIDWO COMMISSION NO. 383157 ..aasas�aaa I a 111 1 u 1 u i, u u a&D'A''u 1 MY COMMISSION EXPIRES SEPT 24, 2008-------------------- State of California )SS County of Riverside ) On , 20 , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [ Notarial Seal ] ORDINANCE NO. 1069 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year first -above written. "DEVELOPERS": "CITY" 1. Valley Center Development, LLC, A Limited Liability Corporation P.O. Box 1154 San Luis Obispo, CA. 93406 Parcel 1 PMW 00-15, Docum - 75387, pp 1-25 By , _ Prinic � al 2. Timo by DiTomaso and Deborah DiTomaso, Trus es of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 Parcels 2&3, PMW 00-15 LM :A Timothy DiTomaso Deborah DiTomaso 3. Desert Sports Group, LLC, A Limited Liability Corporation 4730 S.W. Macadam Avenue, Ste 101 Portland, OR 97239 Parcels 4,5,6 & 7, PMW 00-15 in Principal RMPUBUtW HL25373 City of Palm Desert, California, a Municipal Corporation organized and existing under the laws of the State of California Ulm Robert A. Spiegel, Mayor 5 ORDINANCE NO. 1069 If to Developer: 1. Valley Center Development, LLC, A Limited Liability Corporation P.O. Box 1154 San Luis Obispo, CA. 93406 2. Timothy DiTomaso and Deborah DiTomaso, Trustees of the DiTomaso Living Trust P.O. Box 27247 Anaheim, CA 92809 3. Desert Sports Group, LLC, A Limited Liability Corporation 4730 S.W. Macadam Avenue, Ste 101 Portland, OR 97239 4. David Turner and Paula Turner 77-899 Wolf Road, Suite 102 Palm Desert, CA 92211 City of Palm Desert; California, a Municipal Corporation organized and existing under the laws of the State of California Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. SECTION 7. Except to the extent of any inconsistency with this Addendum, all provisions of RMPUB\RWHL25373 the Development Agreement are incorporated herein by this reference and shall remain in full force and effect. [SIGNATURES APPEAR ON FOLLOWING PAGE] 4 State of California }SS County of Riverside } On N11 ( 4�) , 20 5_, before me, btW-VIA iA f r ), a Notary Public, personally appeared �,3-Lvrl uol1�►�. 5 personally known to me (or proved to me orJthe basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [ Notarial Seal ] ^BELINDA M. KAPSH-MORROW V COMM. #1321310 � m NOTARY PUBLIC - CALIFORNIA m 91 SAN LUIS OBISPO COUNTY My Comm. Expires Oct. 17, 2005 P State of California }SS County of Riverside } On , 20 before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [ Notarial Seal ] Signature State of California }SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature State of California }SS County of Riverside } On , 20 , before me, Public, personally appeared [ Notarial Seal ] , a Notary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity'upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [ Notarial Seal ] RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT NO FEE - 6103 OF THE GOVT. CODE ORDINANCE NO. 838 ---------------------------------------------------------------- (Space above for Recorder's use Only) MMIBIT "A" DEVELOPMENTAGREEMENT Between THE CITYOF PALM DESERT, CALIFORNIA and DAVID FREEDMAN & CO., INC. (Wonder Palms) Dated: April 24 , 1997 ORDINANCE NO. 838 DEVELOPMENT AGREEMENT TABLE OF CONTENTS ORDINANCE NO. 1069 Ex. A 1 . Definitions . . . . . . . . . . . . . . . . . . . . . . . 1.1 Defined Terms . . . . . . . . . . . . . . . . . . . 1.3 Buildina Ordinances . . . . . . . . . . . . . . . . 1.4 City Council . . . . . . . . . . . . . . . . . . . 1.5 Effective Date . . . . . . . . . . . . . . . . . . 1.6 Enacting Ordinance . . . . . . . . . . . . . . . . 1.7 Existing Land Use Ordinances, . . . . . . . . . . . 1.8 Land Use Ordinances . . . . . . . . . . . . . . . . 1.9 Mortc=age . . . . . . . . . . . . . . . . . . . . . 1.10 Proi ect . . . . . . . . . . . . . . . . . . . . . . 1.11 Property . . . . . . . . . . . . . . . . . . . . . PAGE 4 4 4 4 4 4 4 4 5 5 5 2. Term: Amendment 5 2.1 Term . . . . . . . . . . . . . . . . . . . . . . . 5 2.2 Amendment . . . . . . . . . . . . . . . . . . . . . 5 3. General Development of the Proiect . . . . . . . . . . . 6 3.1 Proi ect . . . . . . . . . . . . . . . . . . . . . . 6 3.2 Proiect Timing: Construction Entitlement . . . . . 7 3.3 Buildina Permits and Other Approvals and Permits 8 3.4 Procedures and Limitations . . . . . . . . . . . . 8 3.5 Effect of Agreement . . . . . . . . . . . . . . . . 9 3.6 Operating Memoranda . . . . . . . . . . . . . . . . 10 4. Specific Criteria Applicable to Development of the Proi ect . . . . . . . . . . . . . . . . . . . . . . . . 11 4.1 Applicable Ordinances . . . . . . . . . . . . . . . 11 4.2 Amendment to Applicable Ordinances . . . . . . . . 12 4.3 Easements; Abandonments . . . . . . . . . . . . . . 12 S. Mid-Vallev Storm Channel Dedication. . . . . . . . . . 13 5.1 Dedication . . . . . . . . . . . . . . . . . . . . 13 5.2 Appraisal Procedures . . . . . . . . . . . . . . . 14 5.3 Fees and Expenses . . . . . . . . . . . . . 15 5.4 Experience Reauirement . . . . . . . . . . . . . . 16 6. Art In Public Places . . . . . . . . . . . . . ... . . . 16 7. Periodic Review of Compliance . . . . . . . . . . . . . 17 8. Permitted Delays; Supersedure by Subseauent Laws . . . . 17 8.1 Permitted Delays . . . . . . . . . . . . . . . . . 17 8.2 Supersedure of Subseoruent Laws or Judicial Action . 18 9. Events of.Default; Remedies; Termination . . . . . . . . 19 9.1 Events of Default . . . . . . . . . . . . . . . . . 19 9.2 Remedies . . . . . . . . . . . . . . . . . . . . . 20 9.3 Waiver; Remedies Cumulative 20 9.4 Effect of Termination . . . . . . . . . . . . . . . 20 9.5 Third Partv Actions . . . . . . . . . . . . . . . . 21 DE096717 4/16/97 - i - ORDINANCE NO. 838 ORDINANCE N0.1069 DEVELOPMENT AGREEMENT Ex. A 10. Encumbrances on Prouerty . . . . . . . . . . . . . . . . 22 10.1 Discretion to Encumber . . . . . . . . . . . . . . 22 10.2 Mortqaqe Protection . . . . . . . . . . . . . . . 22 10.3 Mortqaqee Not Obligated . . . . . . . . . . . . . 23 10.4 Estoppel Certificates . . . . . . . . . . . . . . . 23 11. Transfers and Assianments: Effect of Agreement on Title . . . . . . . . . . . . . . . . . . . . . . . . . 24 11.1 Rights and Interests ADDurtenant . . . . . . . . . 24 11.2 Covenants Run with Land . . . . . . . . . . . . . . 24 12. Notices . . . . . . . . . . . . . . . . . . . . . . . . 25 13. Indemnification . . . . . . . . . . . . . 26 13.1 Developer's Obligation . . . . . . . . . . . . . . . 26 13.2 Citv's Obligation. . . . . . . . . . . . . . . 26 13.3 Environmental Assurances . . . . . . . . . . . . . 27 14. Miscellaneous. . . . . . . . . . . . . . . . . . . . 27 14.1 Relationship of Parties . . . . . . . . . . . . . . 27 14.2 Consents . . . . . . . . . . . . . . . . . . . . . 28 14.3 Not a Public Dedication . . . . . . . . . . . . . . 28 14.4 Severabilitv . . . . . . . . . . . . . . . . . . . 28 14.5 Exhibits . . . . . . . . . . . . . . . . . . . . . 29 14.6 Entire Agreement . . . . . . . . . . . . . . . . . 29 14.7 Governina Law: Construction of Agreement . . . . . 29, 14.8 Signature Paaes . . . . . . . . . . . . . . . . . . 30 14.9 Time 30 14.10 Prev ailina Partv's Attornev's Fees and Costs 30 DE096717 4/16/97 - i i - ORDINANCE NO. 838 Ordinance No. 1069 Ex. A DEVELOPMENT AGREEMENT (Wonder Palms) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of this 24th day of April , 1997, by and between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California (the "City), and David Freedman & Co., Inc., a California corporation ("Developer"), with reference to the following facts, understandings and intentions of the parties: RECITALS A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Government Code Sections 65684 through 65869.5 inclusive (the "Development Agreement Legislation") authorize the City to enter into development agreements in connection with the development of real property within its jurisdiction. On August 11, 1983, the City enacted by Ordinance No. 341, as amended on December 7, 1989 by Ordinance No. 589 (collectively, the "Development Agreement Ordinance"), procedures and requirements for the consideration of development agreements thereunder pursuant to the Development Agreement Legislation. C. Developer is the owner of a legal or equitable interest in the Property and is entitled to have filed the application for and to enter into this Agreement. The Project consists of the future development of the Property. The Property is located at an DE096717 4/16/97 ORDINANCE NO. 838 Ordinance No. 1069 DEVELOPMENT AGREEMM Ex. A important entry point to the City and the coordinated development of the Project pursuant to this Agreement represents an important and mutually beneficial economic development and land usage planning opportunity for -the City and Developer. D. The City has determined that the development of the Project as contemplated by this Agreement is consistent with and in furtherance of the development goals, policies, general land uses and development programs of the City as set forth in the City' s General Plan and is consistent with the existing Planned Community Development (PCD) Overlay Zone adopted on April 24, 1997 by Ordinance No. 837, affecting the Property. E. City has further determined that entry into this Agreement will further the goals and objectives of the City's land use planning policies by, among other things, . encouraging investment, providing precise and supplemental criteria for the uses, design, circulation and development of the Property, including flexibility in land use options which may be altered in order to respond to future changes in the surrounding areas, eliminating uncertainty in planning for, and securing orderly processing and development of, the Project. The benefits conferred on the City by Developer herein will (i) insure consistent, comprehensive planning which will result in aesthetically pleasing, environmentally harmonious, and economically viable development within the City; (ii) provide for the creation of a high -quality, aesthetically pleasing entry statement for the City; (iii) provide for the construction of stormwater system improvements vital to the City; and (iv) further the development objectives of the City in an DE096717 4/16/9T - 2 - ORDINANCE NO. 838 Ordinance No. 1069 DEVELOPMENT AGREMENT Ex. A orderly manner, all of which will significantly promote the health, safety and welfare of the residents of the City. In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with the Project in accordance with the Development Plan attached to this Agreement as Exhibit "A", and at a rate of development of its choosing, subject to the terms and conditions contained in this Agreement. F. By adopting this Agreement, the City Council has elected to exercise certain governmental powers at the present time rather than deferring such actions until an undetermined future date and has done so intending to bind the City and the City Council and intending to limit the City's future exercise of certain governmental powers, to the extent permitted by law. G. This Agreement has undergone extensive review by the City's staff, the Planning Commission and the City Council. H. In order to effectuate the foregoing, the parties desire to enter into this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: DE096717 4/16/97 - 3 - ORDINANCE NO. 1069 ORDINANCE N0. 838 DEVELOPMENT AGREIIHENT Ex. A 1. Definitions. 1.1 Defined Terms. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 1.2 Agreement. This Development Agreement. 1.3 Buildina Ordinances. Those building standards, of general and uniform application throughout the City and not imposed solely with respect to the Property, in effect from time to time that govern building and construction standards within the City, including, without limitation, the City's building, plumbing, electrical, mechanical, grading, sign, and fire codes. 1.4 City Council. The legislative body of the City of Palm Desert. 1.5 Effective Date. Ordinance becomes effective. The date on which the Enacting 1.6 Enactina Ordinance. Ordinance 838, enacted by the City Council on April 24, 1997, approving this Agreement. 1.7 Existing Land Use Ordinances,. The Land Use Ordinances in effect as of the Effective Date. 1.8 Land Use Ordinances.. The ordinances, resolutions, codes, rules, regulations and official policies of the City, governing the development of the Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, and the timing of development, all as applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall include the City's General Plan, the City's zoning ordinance and DE096717 4/16/97 - 4 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEKKNT Ex. A the City's subdivision code, but shall exclude the Building Ordinances. 1.9 Mortgage. A mortgage, deed of trust, sale and leaseback arrangement in which all or a part of the Property, or an interest in it, is sold and leased back concurrently, or other transactions in which all or a part of the Property, or an interest in it, is pledged as security, contracted in good faith and for fair value. 1.10 Proiect. The mixed -use commercial, industrial and residential development and associated amenities, and on -site and off -site improvements, as permitted under and described in the Development Plan (Exhibit "'A"), to be constructed on the Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement. 1.11 Property. The real property and any improvements thereon which is described in Exhibit "B" to this Agreement. 2. Term; Amendment. 2.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall terminate on the fifteen (15) year anniversary date of the Effective Date, unless sooner terminated or extended as hereinafter provided. 2.2 Amendment. The parties to this Agreement at their sole discretion and by their mutual written consent may from time to time amend the provisions and terms of this Agreement and the Exhibits hereto. Any amendment to this Agreement or the Exhibits hereto as provided herein shall be effected only upon compliance with the procedures for amendment, if any, required by the DE096717 4/16/97 - 5 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A Development Agreement Legislation and the Development Agreement Ordinance. The City shall, after any such amendment takes effect, cause an appropriate notice of such amendment to be recorded in the official records of the County of Riverside. 3. General Develorment of the Proiect. 3.1 Proiect. (a) The Project is defined and described in the Development Plan for Wonder Palms Commercial Center attached to this Agreement as Exhibit "A", which specifies for the purpose of this Agreement all of the following aspects of the Project: (i) proposed land uses of the Property, including eight separate planning areas ("Planning Areas") with unique development characteristics; (ii) the maximum (and probable) density and intensity of development of the Property; (iii) certain parking requirements for the various Planning Areas; and (iv) sizing requirements for the construction of certain utility facilities; (v) certain requirements relating to access and traffic circulation within the Property; (vi) certain requirements relating to art in public places on the Property; (vii) certain design guidelines relating to the construction of on -site and off -site improvements; (viii) procedures for development within the Planning Areas. (b) Developer shall have the vested right to develop the Project in accordance with, and development of the Project during the Term shall be governed by, the Development Plan and, to the extent not inconsistent with or modified by the Development Plan, the Existing Land Use Ordinances. Developer's right to develop the Property in accordance with this Section 3.1 DE096717 4/ 16/97 - 6 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AdEMEW Es. A shall be without regard to future ordinances, resolutions, rules, regulations and policies of the City or referenda of the voters of the City, including, without limitation, those with respect to moratoriums for utility service, other than ordinances, resolutions, rules, regulations and policies of the City which limit or condition the rate, timing or sequencing of development of the Property and which are required solely as a result of then existing shortages of utility service capacity or facilities. 3.2 Project Timina: Construction Entitlement,. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which parts of the Project will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and, other similar factors. Therefore, the parties hereto acknowledge and expressly agree that Developer is hereby granted by the City the vested and guaranteed right to develop the Project in such manner and at such rate and at such times as Developer deems appropriate within the exercise of its sole subjective business judgment. Therefore, City expressly agrees that Developer shall be entitled to apply for precise plans, subdivision maps, building permits, occupancy certificates and other land use and development entitlements for its use at any time provided that such application is made in accordance with the Development Plan and this Agreement. Notwithstanding any provisions to the contrary in this Agreement or the Existing Land Use Ordinances, Developer shall have the right, but not the obligation, to obtain from the City, all DE096717 4/16/97 - 7 ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ea- A necessary approvals, consents, permits, or other entitlements for the construction of not less than the maximum number of square feet of gross floor area or dwelling units of any permitted use under the Development Plan specified with respect to any designated Planning Area set forth in the Development Plan. 3.3 Buildina Permits and Other ADDrovals and Permits. Subject to (a) Developer's compliance with this Agreement, the Development Plan, the Existing Land Use Ordinances and the Building Ordinances, and (b) payment of the usual and customary fees and charges of general application charged for the processing of such applications, permits and certificates and for any utility connection, or similar fees and charges of general application, the City shall process and issue to Developer promptly upon application therefor all necessary use permits, building permits, occupancy certificates, and other required permits for the construction, use and occupancy of the Project, or any portion thereof, as applied for, including connection to all utility systems under the City's jurisdiction and control (to the extent that such connections are physically feasible and that such utility systems are capable of adequately servicing the Project). 3.4 Procedures and Standards,. The standards for granting or withholding permits or approvals required hereunder in connection with the development of the Project shall be governed as provided herein by the standards, terms and conditions of this Agreement and. the Development Plan, and to the extent not inconsistent therewith, the Existing Land Use Ordinances, but the procedures for processing applications for such permits or DE096717 4/16/97 - 8 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A approvals (including the usual and customary fees of general application charged for such processing) shall be governed by such ordinances and regulations as may then be applicable and which are consistent with the Development Plan. 3.5 Effect of Agreement. This Agreement shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. The parties acknowledge that this Agreement is intended to grant Developer the right to develop the Project pursuant to specified and known criteria and rules as set forth in the Development Plan and the Existing Land Use Ordinances, and to grant the City and the residents of the City certain benefits which they otherwise would not receive. This Agreement shall be binding upon the City and its successors in accordance with and subject to its terms and conditions notwithstanding any subsequent action of the City, whether taken by ordinance or resolution of the City Council, by referenda, initiative', or otherwise. The parties acknowledge and agree that by entering into this Agreement and relying thereupon, the Developer has obtained, subject to the terms and conditions of this Agreement, a vested right to proceed with its development of the Project in accordance with the proposed uses of the Property, the density and intensity of development of the Property and the requirements and guidelines for the construction or provision of on -site and off -site improvements as set forth in the Development Plan and the. Existing Land Use Ordinances,- and the timing provisions of Section 3.2, and the City has entered into this Agreement in order to secure the public benefits conferred upon it DED96717 4/16/97 - 9 - ORDINANCE NO. 838 DEVELOPMENT AGREEMENT ORDINANCE NO. 1069 Ez. A hereunder which are essential to alleviate current and potential problems in the City and to protect the public health, safety and welfare of the City and its residents, and this Agreement is an essential element in the achievement of those goals. 3.6 Overatincr Memoranda. Developer and City acknowledge that the provisions of this Agreement require a close degree of cooperation between Developer and City, and that refinements and further development of the Project may demonstrate that changes or additional provisions are appropriate with respect to the details of performance of the parties under this Agreement in order to effectuate the purpose of this Agreement and the intent of the parties with respect thereto. If and when, from time to time, the parties find that such changes or additional provisions are necessary or appropriate, and subject to the provisions of the next succeeding sentence, they shall effectuate such changes or provide for such additional provisions through operating memoranda to be approved in good faith by the parties, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further changed or supplemented from time to time as necessary, with further good faith approval of Developer and City. Upon receipt by the City of an opinion of the City Attorney to the effect that the subject matter of such operating memoranda does not require the amendment of this Agreement in the manner provided in Section 65868 of the California Government Code, then no such operating memoranda shall require prior notice or hearing, or constitute an amendment to this Agreement; and in the case of the City, such operating memoranda may be approved and DE096717 4/16/97 -10- ORDINANCE NO. 838 DEVELOPMENT AGREEMENT ORDINANCE NO. 1069 Ex. A executed by its Community Development Director or City Manager without further action of the City Council. Failure of the parties to enter into any such operating memoranda shall not affect or abrogate any of the rights, duties or obligations of the parties hereunder or the provisions of this Agreement. 4. Specific Criteria Applicable to Development of the, Proiect. 4.1 Applicable Ordinances. Except as set forth in the Development Plan and subject to the provisions of Section 4.2 below, the Existing Land Use Ordinances shall govern the development of the Property hereunder and the granting or withholding of all permits or approvals required to develop the Property; provided, however, that (a) Developer shall be subject to all changes in processing, inspection and plan -check. fees and charges imposed by City in connection with the processing of applications for development and construction upon the Property so long as such fees and charges are of general application and are not imposed solely with respect to the Property, and (b) Developer shall abide by the Building Ordinances in effect at the time of such applications. 4.2 Amendment to Applicable Ordinances. In the event that the Palm Desert zoning ordinance is amended by the City in a manner which provides more favorable site development standards for the Property or any part thereof than those in effect as of the Effective Date,. Developer shall have the right to notify the City in writing of its desire to be subject to all or any such new standards for the remaining term of this Agreement. If City agrees, DE096717 4/ 16/97 -11- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A by resolution of the City Council or by action of a City official whom the City Council may designate, such new standards shall become applicable to the Property or portions thereof. Should City thereafter amend such new standards, upon the effective date of such amendment, the original new standards shall continue to apply to the Property as provided above, but Developer may notify City in writing of its desire to be subject to all or any such amended new standards and City may agree in the manner above provided to apply such amended new standards to the Property. 4.3 Easements: Abandonments. City shall cooperate with Developer in connection with any arrangements for abandoning existing utility or other easements and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development. of the Project; and if any such easement is owned by City, City shall, at the request of Developer and in the manner and to the extent permitted by law, take such action and execute such documents as may be necessary to abandon existing easements and relocate them, as necessary or appropriate in connection with the development of the Project, all at the cost and expense of the Developer. In addition, to the extent that temporary or permanent easements on property adjacent or in close proximity to the Property will be required in order for Developer to develop all or portions of the Project, the City shall cooperate with Developer in efforts to obtain or secure any such required easements. DE096717 4/ 16/97 -12 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AdEMENT Ex. A 5. Mid-Vallev Storm Channel Dedication. 5.1 Dedication. In order to facilitate development of the proposed Mid -Valley Channel, Developer shall dedicate to the City a right-of-way easement for the Mid -Valley Channel, in a form acceptable to the City and Developer, over a portion of the Property consisting of approximately 11 acres near the northerly boundary of the Property, which area is more particularly described on Exhibit "C" to this Agreement (the "Mid -Valley Channel Area"). The easement over the Mid -Valley Channel Area shall be dedicated on or before issuance by the City of the first building permit for any portion of the Project. The City acknowledges that Developer, through significant on -site retention of Project -generated storm waters and the dedication of the right-of-way necessary for the future construction of the proposed Mid -Valley Channel, has facilitated the future construction of the Mid -Valley Channel in this area. In consideration for the dedication of Mid -Valley Channel Area as described herein, Developer shall receive a credit against required area drainage fees equal to the fair market value of the Mid -Valley Channel Area land. Prior to such dedication, Developer and the City shall attempt to agree upon the fair market value of the land to be dedicated to the City pursuant to this Section 5.1. In the event Developer and the City cannot agree on the fair market value of the land to be dedicated for the Mid - Valley Channel prior to such dedication, then within fifteen (15) days after conveyance of the right-of-way easement as described above the then present fair market value of the land dedicated DE096717 4/ 16/97 - 13 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A shall, at the request of the Developer, be resolved by the appraisal procedures set forth in Section 5.2 below. 5.2 Appraisal Procedures. In the event the parties cannot reach an agreement upon land value as described above, the Developer shall, in a written notice to the City, state that it elects to have the fair market value of the dedicated land determined by the appraisal procedures set forth herein, and shall specify the name of its appraiser. Within ten days of receipt of such notice from Developer, the City shall notify the Developer of the name of its appraiser. Upon the appointment of the two appraisers as herein provided, said two appraisers shall be sworn to faithfully and fully determine the value question at issue. The determination to be made by the appraiser shall be: "What was the fair market value of the land dedicated to the City as of the date of conveyance taking into account all uses and restrictions then affecting such land." Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association for commercial arbitration. The two appraisers shall make their respective determinations in writing and shall give notice to all the parties. If there is a variance of less than 10% (such 10% variance determined by dividing the amount of the variance by the larger of the two appraisals) in the fair market values determined by the two appraisers, the average of the values so determined shall be controlling and shall be binding upon the City and the Developer. If, there is a variance of more than 10 6 in the fair market values determined by the two appraisers, said appraisers shall forthwith and within ten days after both the said appraisers DE096717 4/16/97 -14- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A have made their determination, appoint in writing a third appraiser and give written notice of such appointment to each of the City and the Developer. If in the event the two appraisers shall fail to appoint or agree upon such third appraiser within said ten day period, a third appraiser shall be selected by the City and Developer if they so agree upon such third appraiser within a further period of ten days. If any appraiser shall not be appointed or agreed upon within the time'herein provided, then the Developer or the City. may apply to the appropriate court in Riverside County, California, for appointment of such appraiser. Said appraiser shall be sworn faithfully and fairly to determine, pursuant to the procedures set forth above, the value question at issue. The third appraiser's determination of value shall be controlling unless .it is (i) higher than either of the determinations of value of the original appraisals, in which case such previous higher determination shall be controlling and binding upon the City and Developer, or (ii) lower than the determinations of value of the two original appraisals, in which case such previous low determination of value will be controlling and, binding upon the City and Developer; 5.3 Fees and Expenses. Each party shall pay the fees and expenses of the appraiser it appoints, and the fees and expenses of the third appraiser and any general expenses incurred by the appraisers in connection with the appraisals shall be borne equally. 5.4 Experience Rectuirement. Any appraiser appointed hereunder shall have no less than five years experience in the DE096717 4/16/97 - 15 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A appraisal of real property of the type to be dedicated herein and shall hold the professional designation of M.A.I. or its equivalent. 6. Art In Public Places. The City and Developer recognize that the Property is located at a major access point. into the City from Interstate 10. The City and Developer desire to cooperate with each other to secure the introduction and integration of public art into the Project for the purpose of enhancing the image of the City and the Project. In order to secure such public art for the promotion of the City and the Project, Developer and the City shall work together to develop one or more major public artworks to be located on or adjacent to Cook Street and/or Gerald Ford Drive south of Interstate 10. The City and Developer agree to outline a process to establish a master plan for public art, which plan shall identify sites and opportunities for art, funding amounts and sources, procedures for art selection, and methods for art project management in connection with the Project. In the event that a large art statement is selected as the appropriate installation, the City may consider advancing the funds necessary to secure and install said art piece with the City being reimbursed pursuant to in lieu art fees as development occurs and as further described below. Developer shall, at the request of the City, provide such easements upon the Property as may be reasonably required for the installation and maintenance of such public art. The location of such easements shall be mutually approved by the City and Developer. In addition to providing such easements as may be reasonably required for the installation and maintenance of such 0E096717 4/16/97 -16 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGRE94ENT Ex. A public art, Developer shall pay to the City in lieu art fees at the time of and in connection with the development of the Property, or portions thereof, in accordance with the fee levels and other payment and procedural requirements of Chapter 4.10 of the Municipal Code of the City lawfully imposed at the time of development of the Property, or portions thereof. 7. Periodic Review of Compliance. In accordance with Govt. Code Section 65865.1, the City Council shall review this Agreement at least each calendar year during the term of this Agreement. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Agreement. Developer agrees to furnish such evidence of good faith compliance as the City, and after reasonable exercise of its discretion and after reasonable notice to Developer, may require. B. Permitted Delays; Supersedure by Subsequent Laws. 8.1 Permitted Delays. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused from performance of their obligations hereunder during any period of delay caused by acts of mother nature, civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, any referendum elections held on the Enacting Ordinance, or .the Land Use Ordinances, or any other ordinance effecting the Project or the approvals, permits or other entitlements related thereto, or restrictions imposed or mandated DE096717 4/16/97 - 17 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ex. A by governmental or quasi -governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder (collectively, "Laws") , orders of courts of competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the reasonable control of City or Developer, as applicable. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The time of performance of such obligations shall be extended by the period of any delay hereunder. 8.2 Supersedure of Subsequent Laws or Judicial Action.. The provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with any new Law or decision issued by a court of competent jurisdiction (a "Decision"), enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreement. Promptly after enactment of any such new Law, or issuance of such Decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. In addition, Developer and City shall have the right to challenge the new Law or the Decision preventing compliance with the terms of J this Agreement.. In the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect, except that the Term shall be extended, in accordance with DE096717 4/16/97 -is- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPNSNT AGREEKENT Ex. A Section 7.1 above, for a period of time equal to the length of time the challenge was pursued. 9. Events of Default; Remedies; Termination. 9.1 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 7.1 above regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute an event of default hereunder ("Event of Default") if such defaulting party does not cure such failure within ninety (90) days following receipt of written notice of default from the other party; provided, however, that if the nature of the default is such that it cannot be cured within such ninety (90) day period, the commencement of the cure within such ninety (90) day period and the diligent prosecution to completion of the cure shall be deemed to be a cure within such period. Any notice of. default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner, if any, in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or issuance of any permit, map, certificate of occupancy, approval or entitlement with respect to the Project. 9.2 Remedies. Upon the occurrence of an Event of Default, the nondefaulting party shall have such rights and remedies against the defaulting party as it may have at law or in DED96717 4/16/97 - 19 - ORDINANCE NO. 838 DEVELOPMENT AGREEMEM ORDINANCE NO. 1069 EX. A equity, including, but not limited to, the right to damages and the right to terminate this Agreement or seek mandamus, specific performance, injunctive or declaratory relief. Notwithstanding the foregoing and except as otherwise provided in Section 8.4 hereof, if either Developer or City elects to terminate this Agreement as a result of the occurrence of an Event of Default, such proceeding of termination shall constitute such party's exclusive and sole remedy, and with respect to such election City and Developer hereby waive, release and relinquish any other right or remedy otherwise available under this Agreement or at law or equity. 9.3 Waiver: Remedies Cumulative,. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver. 9.4 Effect of Termination. Termination of this Agreement by one party due to the other party's default, or as a result of the exercise of the right of termination provided to the Developer under Section 8.2 hereof, shall not affect any right or duty emanating.from any approvals, permits, certificates or other entitlements with respect to the Property or the Project which were issued, approved or provided by the City prior to the date of DED96717 4/16/97 - 2 0 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEMENT Ea. A termination of this Agreement. If City terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including money, land or improvements conveyed to or received by the City prior to the date of termination of this Agreement, subject to any reimbursement obligations of the City. If Developer terminates this Agreement because of City's default, or as a result of the exercise of the right of termination provided to the Developer under Section 8.2 hereof, then Developer shall be entitled to all of the benefits arising out of, or approvals, permits, certificates or other entitlements -on account of, any Exactions paid, given or dedicated to, or received by, City prior to the date of termination of this Agreement. Except as otherwise provided in this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of the termination of this Agreement. If this Agreement is terminated pursuant to any provision hereof, then the City shall, after such action takes effect, cause an appropriate notice of such action to be recorded in the official records of the County of Riverside. The cost of such recordation shall be borne by the party causing such action. 9.5 Third Partv Actions. Any court action or proceeding brought by any third party to challenge this Agreement or any permit or approval required from City or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party defendant to or real party defendant in interest in such action or proceeding, shall constitute a permitted delay under Section 7.1. DE096717 4/16/97 - 21- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT Av"rsn:t z Ex. A 10. Encumbrances on Property. 10.1 Discretion to Encumber.. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property. The City acknowledges that the lenders providing such financing may require certain modifications to this Agreement, and the City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification. 10.2 Mortaacre Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement. 10.3. Mortcracree Not Oblicrated. Notwithstanding the provisions of Section 9.2, no Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer DE096717 4/ 16/97 - 2 2 - ORDINANCE N0. 838 - DEVEWPMENT AGREEKENT ORDINANCE NO. 1069 or other affirmative covenants of Developer hereunder,`or to guarantee such performance, except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 10.4 Estoppel Certificates. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified, or if so amended or modified, identifying such amendments or modifications, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees, assignees and lessees of the Developer and the holders of any Mortgage. 11. Transfers and Assianments: Effect of Agreement on Title. 11.1 Riahts and Interests AuAurtenant. The rights and interests conveyed as provided herein to Developer benefit and are appurtenant to. the Property. Developer has the right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate and assign any and all of its duties and DE096717 4/ 16/97 - 2 3 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPNENT AGREEMENT Ex. A obligations hereunder. Such rights and interests hereunder may not be sold, transferred or assigned and such duties and obligations may not be delegated or assigned except in compliance with the following conditions: (i) Said rights and interests may be sold, transferred or assigned only together with and as an incident of the sale, lease, transfer or assignment of the portions of the Property to which they relate, including any transfer or assignment pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure. Following any such sale, transfer or assignment of any of the rights and interests of Developer under this Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same extent as if the purchaser, transferee or assignee- were Developer hereunder. 11.2 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns; DE096717 4/16/97 -24- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOFMMT AMEHM Ex. A (ii) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; (iii) Each covenant to do or refrain from doing some act on the Property hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands, and (C) is binding upon each party and each successive owner during its ownership of the Property or any portions thereof, and shall benefit each party and its lands hereunder, and each such other person or entity succeeding to an interest in such lands. 12. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the following addresses: If to City: City Clerk of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 If to Developer: David Freedman & Co., Inc. 1345 North Palm Canyon Drive Palm Springs, CA 92262 Attention: Lionel Steinberg Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted -" delivery date shown on the return receipt. DE096717 4/ 16/97 - 2 5 - ORDINANCE NO. 838 ORDINANCE NO. 10619 DEVELOPMENT AGREEMENT Ex. A 13. Indemnification. 13.1 Developer's Obliaation. Developer will defend, indemnify and hold the City and its elected officials, officers and employee free and harmless from any loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death and worker's compensation claims) which results from (i) any obligation which arises from the development of the Property including, without limitation, obligations for the payment of money for material and labor; (ii) any failure on the part of Developer to take any action which he is required to take as provided in this Agreement; (iii) any action taken by Developer which he prohibited from taking as provided in this Agreement and (iv) any claim which results from any willful or negligent act or omission of Developer.. 13.2 Citv's Obliaation. The City will defend, indemnify and hold Developer and its trustees, beneficiaries, shareholders, directors, officers and employees free and harmless from any and all loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death an worker's compensation claims) which results from (i) any failure on the part of the City to take any action which it is required to take as provided in this Agreement, (ii) any action taken by the City which it is prohibited from taking as provided in this Agreement and (iii) any claim which results from any willful or negligent act or omission of the City. 13.3 Environmental Assurances. Developer shall indemnify and hold the City, its officers, agents and employees free and DED96717 4/ 16/97 - 2 6 - ORDINANCE NO. 838 DEVELOPMENT AGREE14M ORDINANCE NO. 1069 Ea. A harmless from any liability deriving from the City's execution or performance of this Agreement, based or.asserted, upon any act or omission of Developer, its officers, agents, employees, contractors, subcontractors and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to hazardous or toxic materials, industrial hygiene, or environmental conditions created by Developer or its officers, agents or employees, contractors, subcontractors and independent contractors after the Effective Date on, under which the Property, including, but not limited to soil and groundwater conditions, and -Developer shall defend, at its expense, including attorneys fees, the City its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such action. The provisions of this Section 13.3 shall survive the termination or expiration of this Agreement. 14. Miscellaneous. 14.1 Relationship of Parties. It is understood that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contractor. It is further understood that none of the terms or provisions of this Agreement are intended to or shall be deemed to create a partnership, joint venture or joint enterprise between the parties hereto. 14.2.Consents. Unless otherwise herein provided, whenever approval, consent, acceptance or satisfaction (collectively, a "consent") is required of a party pursuant to this DE096,717 4/ 16/97 - 2 7 - QRDINANCE N0. 838 ORDINANCE NO. 1069 DEVELOPMENT Ex. A Agreement, it shall not be unreasonably withheld or delayed. Unless provision is otherwise specified in this Agreement or otherwise required by law for a specific time period, consent shall be deemed given within thirty (30) days after receipt of the written request for consent, and if a party shall neither approve nor disapprove within such thirty (30) day period, or other time period as may be specified in this Agreement or otherwise required by law for consent, that party shall then be deemed to have given its consent. If a party shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. This Section does not apply to development approvals by the City. 14.3 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property. 14.4 Severabilitv. If any term, provision covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or would frustrate the purposes of this Agreement. DE096717 4/16/97 - 2 8 ORDINANCE NO. 838 DEVELOPMENT AGREEMENT 14.5 Exhibits. ORDINANCE NO. 1069 Ex. A The Exhibits listed in the Table of Contents, to which reference is made herein, are deemed incorporated into this Agreement in their entirety by reference thereto. 14.6 Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto. 14.7 Governing Law; Construction of Agreement. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California. The provisions of .this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties hereunder. The captions preceding the text of each Section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 14.8 Signature Pages. For convenience, the signatures of the parties of this Agreement may be executed and acknowledged on DE096717 4/16/97 - 2 9 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT A%.rj&WVW .i Ex. A separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. 14.9 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. 14.10 Prevailina Partv's Attornev's Fees and Costs. If any party to this Agreement shall fail to perform any of its obligations hereunder, or if a dispute arises with respect to the meaning or interpretation of any provision hereof or the performance of the obligations of any party hereto, the defaulting party or the party not prevailing in such dispute, as the case may be, shall promptly pay any and all costs and expenses (including without limitation, all court costs and reasonable attorneys' fees and expenses) incurred by the other party with respect to such to such dispute or in enforcing or establishing its rights hereunder. Notwithstanding the foregoing, City shall not be required to pay any costs or expenses (including without limitation, reasonable attorneys' fees and expenses) which Developer may incur in respect of any hearing held pursuant to Section 7 hereof. DE096717 4/16/97 - 3 0 - ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREE[ENT Ex. A IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above -written. DEVELOPER: DAVID FREEDMAN & CO., INC. President L C�ISW4F CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California By: VI.dk RicA&,F l S . Kelly, yor Attest: Sheila GH1hgan, Clerk DE096-717 4/16/97 -31- ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVE OP14ENT AGREEMENT EX. A STATE OF CALIFORNIA ) '' ll } ss Zg-�J COUNTY OF � .'0-A ) On , 1997, before me,LC�a•�!��,� a Notary Public in and for said State, personally appeared --5 T-„ , , 6�,�, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person4PY whose name (wr is/ to the within instrument and acknowledged to me that he/ahe�`_r = executed the same in his/ authorized capacity (ics) , and that by his/her-,4 to -- signature(40 on the instrument, the person Gw), or the entity upon behalf of which the person(-' acted, executed the instrument. WITNESS my hand and official seal. Not y Public �- �� IN6�EOOIMIY MVCw0mb wAP*2V."M DED96717 4/16/97 -32- ORDINANCE No. 838 ORDINANCE NO. 1069 DEVELUMENT AGREEMENT Ex. A EXHIBIT A DEVELOPMENT PLAN [to be attached prior to recording] DED96717 4/16197 -iii- ORDINANCE NO. 838 ORDINANCE NO. 1069, Ex. A DEVELOPMENT AGREEMENT - EXHIBIT "A" DEVELOPMENT PLAN FOR WONDER PALMS COMMERCIAL CENTER PALM DESERT, CALIFORNIA PREPARED FOR DAVID FREEDMAN CO., INC. by Mainiero, Smith and Associates, Inc. Palm Springs, California J Revised March,1997 ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A EXHIBIT "A" DEVELOPMENT PLAN - WONDER PALMS COMMERCIAL CENTER PURPOSE OF DEVELOPMENT PLAN The purpose of adopting a Development Plan for the subject project is as follows: To provide the City and the Developer(s) of the Project Area with a process and standards consistent with the City's General Plan and act to implement the City's goals and objectives. To provide precise and supplemental criteria for the uses, design, circulation, and development of the overall property which has been broken down into a series of Planning Areas which may take on individual characteristics resulting in an aesthetically consistent, environmentally harmonious, and economically viable addition to the community. ► To provide for flexibility in land use options which may be altered in order to respond to future changes in the vicinity including but not limited to the development of a major university on adjacent properly, and the changing character of traffic patterns due to improved access to Interstate 10 and to land north of Palm Desert. ► To insure that development occurs in an orderly fashion through long-range planning. ► To facilitate processing applications for industrial, commercial and residential development that is consistent with the guidelines set forth in this development plan establishing an overall land use plan, a statement of intent, processing requirements and threshold environmental analysis and mitigation measures. ► To provide for the development of the overall project area in a manner which is consistent with the terms and provisions of this Development Agreement, the Development Plan and the City's Land Use Ordinances. PROJECT INTRODUCTION Overview The Wonder Palms Commercial Center (Project) affords the opportunity to establish a high quality entry overall statement for an important portal to the City at the same time creating a major economic development which can be planned to complement existing commercial, -- industrial, and residential development elsewhere in the City and the surrounding area. Master planning this area will ensure the flexibility which will be necessary as the ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A surrounding area develops. The site is poised to provide one of the City's major points of access from Interstate 10, and the City and the Developer recognize the opportunity that the site has to introduce people to the City of Palm Desert as well as respond to a major economic potential for regional destination and traveler oriented commerce. The development of the Project in a manner consistent with the provisions of this Agreement including the development guidelines provides a number of benefits to both the City and the Owner: 1. It maximizes the potential for high quality commercial, industrial, and residential development with high visibility from Interstate 10. 2. It maximizes the flexibility necessary to adapt the property to future conditions which are anticipated to affect the area; particularly the future university campus and the increased accessibility to the area north of Interstate 10. 3. It provides a comprehensive planning framework which establishes guidelines for future land use applications for the property and eliminates the inconsistency associated with individual and unassociated development proposals. 4. It facilitates the construction of stormwater system improvements consistent with the master plans adopted by the City in conjunction with the Coachella Valley Water District. 5. It controls sensitive land uses associated with sites having excellent freeway access. 6. It provides for the completion of the street network adjacent to the site including Cook Street, Gerald Ford Drive and Portola Avenue. 7. It provides for the planning and execution of a major entry statement potentially involving the Art in Public Places program. Planning Areas/Statistical Summary The 270 acre site has been divided into eight Planning Areas which are anticipated to take on unique development characteristics. This is delineated in Figure 1. Planning Area 1 - 21.3 gross acres east of Cook Street between Gerald Ford Drive and the Southern Pacific Rail/1-10 corridor. Land use emphasis - Freeway Oriented Business. 2 �, _ r� �cE Np • 1 / o a w000 r w Q ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A Planning Area 2 - 50.7 gross acres west of Cook Street between Gerald Ford Drive and the Southern Pacific Rail/1-10 corridor. Land use emphasis - Regional Commercial. Dn� SZ vsc� per' CC 0 3 Planning Area 3 -11.2 gross acres west of Cook Street and south of Gerald Ford Drive.,`�� Land use emphasis - Freeway Oriented Business. by Planning Area 4 - 30.2 acres east of Cook Street between Gerald Ford Drive and the Southern Pacific Railh-10 corridor. Land use emphasis - Industrial/Business Park. Planning Area 5 - 25.9 acres west of Cook Street and south of Gerald Ford Drive. Land use emphasis Mixed -use Commercial/Residential. Planning Area 6 - 70.6 acres west of Cook Street and between Gerald Ford Drive and the Southern Pacific Rail/1-10 corridor. Land use emphasis - Industrial/Business Park. Planning Area 7 - 44.3 acres north of Gerald Ford Drive and east of Portola Avenue. Land use emphasis - Office/business park Planning Area 8 - 14.9 acres south of Gerald Ford Drive and east of Portola Avenue. Land use emphasis - Medium density residential. GENERAL PROVISIONS Intent This Section is intended to: (1) provide certain definitions for use with respect to this Exhibit "A'; (2) to describe the relationship of this Exhibit "A" to the existing Land Use and Building Ordinances of the City of Palm Desert; and (3) to provide other miscellaneous provisions necessary to effectuate the purposes and intent of the Agreement. General Provisions 1. Terms contained in this Exhibit "A" shall have the same meaning as defined in the Development Agreement unless otherwise defined herein. 2. Except as otherwise provided in this Exhibit "A" and in the Agreement, the development of the Project shall be in accordance with, and the development of the Project during the Term shall be governed by, the existing Land Use Ordinances of the City. 3. Except as otherwise provided in this Exhibit "A" and in the Agreement, all construction of improvements upon the property shall conform to the building and construction standards established by the City's Building Ordinances. 4 ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A 4. Whenever the provisions of this Exhibit "A" conflict with the provisions of the existing Land Use Ordinances or the Building Ordinances the provisions of this Exhibit "A" shall be deemed to control to the extent necessary to effectuate the purposes and intent of the Development Agreement. 5. The maximum aggregate allowable building density without additional review of the entitlements is 4,465,000 square feet of commercial and industrial buildings and 470 residential units as depicted in Figure 2 (Maximum Intensity Alternate). 6. The probable development intensity expected (Trend Alternate) is shown in Figure 3. The expected intensity is 2,145,000 square feet of commercial and industrial buildings and 470 dwelling units. 7. The project shall be developed under a PCD (Planned Community District) overlay to facilitate a flexible, long term approach to land use with individual planning areas operating under the general provisions of the Palm Desert Zoning Ordinance as follows: a. PA 1 shall use the general provisions of the PC 2 (Planned Commercial Center - District Commercial) and the Freeway Overlay Zone, however, PA 1 shall allow no more than one automobile service station including accessory convenience retail, and shall also allow drive through restaurants subject to ARB and Planning Commission approvals. Standards for drive -through facilities are adopted herein' and must also comply with requirements of the Freeway Commercial G� Overlay Zone. S 3 b. PA 2 shall use the general provi ns of the PC 3 (Planned ��P Commercial Center - Regional Center but shall encourage mixed use retail, office and residential uses under Conditional Use Permit. Drive �/ through restaurants are allowed subject 'to ARB and Planning Commission approvals. C. PA 3 shall use the provisions of the PC 2 (Planned Commercial Center - District Commercial). d. PA 4 shall use the provisions of the PI (Planned Industrial Zone) but encourages mixed use retail, office and residential uses under Conditional Use Permit. e. PA 5 shall use the provisions of the PC 2 (District Commercial Center Zone) and shall encourage mixed use retail and residential under Conditional Use Permit. 5 ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A f. PA 6 shall use the provisions of the PI (Planned Industrial Zone) but encourages mixed use retail, office and residential uses under Conditional Use Permit. g. PA 7 shall use the provisions of the O-P (Office Professional Zone) and shall encourage mixed use retail and/or residential uses under Conditional Use Permit. h. PA 8 shall use the provisions of PR 18 (Planned Residential District - up to 18 dwelling units per acre). h. Base zoning districts for each Planning Area are shown in Figure 4. 8. Parking requirements for layout and ratio for Planning Areas 2, and 7 shall be based on a parking ratio of 5.0 spaces per 1000 square feet of gross leasable area. Due to economy of scale, the amount of parking may be reduced for integrated parking facilities as follows: a. 1000 car parking on single parcel or integrated facility reduce by 10%. b. 1500 car parking on single parcel or integrated facility reduce by 12%. C. 2000 car parking on single parcel or integrated facility reduce by 14%. d. 2500 car parking on single parcel or integrated facility reduce by 15%. Such reduction shall be subject to justification of the findings as set forth in Section 25.58.311 (B) of the Zoning Ordinance. 9. Parking requirements for all other Planning Areas shall be based on requirements for those uses as set forth in the Zoning Ordinance; provided, however, that parking requirements may be reduced upon demonstration that alternative transportation, mixed land uses, or other techniques have been incorporated into the planning to necessitate less parking. Golf cart parking may replace automobile parking spaces on a one-to=one basis. 10. Changes in the location and configuration of the Planning Areas may occur as precise plans are developed.- Any such changes will be subject to the prior approval of the Community Development Director of the City. 11. Tentative Tract and Parcel Maps may be filed and approved subject to consistency with the approved Agreement. 12. Except as otherwise provided herein, all approvals of the City, the Community Development Director, the Planning Commission, or the Redevelopment Agency or City Council shall be based on the criteria and standards set forth in the Land Use and Building Ordinances in effect for the City. 6 ORDINANCE NO. 838 city. ORDINANCE NO. 1069 Ex. A 13. Prior to the issuance of any building permit with respect to any Planning Area, a Precise Plan for development shall be submitted to and shall be approved by the Planning Commission if such Precise Plan is consistent with the provisions of this Agreement and other relevant City ordinances. 14. (Deleted) 15. Access to the various Planning Areas shall be as depicted in Figure 5 unless application for an alternate location is made to and approved the Community Development Director and Public Works Director. Since median islands are planned for both Gerald Ford Drive and Cook Street, full access points (left in/left out) shall be at least 1000 feet apart and subject to the approval of the Public Works Department. 16. Any improvements required as Exactions pursuant to the attached Agreement shall be constructed by the Developer congruent with each phase of the Project as such improvements relate thereto, and are necessary with respect to such phase of Project development. 17. The requirement for Art in Public Places may be satisfied or partially satisfied on the basis of a major entry statement at or near Cook Street and Gerald Ford Drive. Funding or partial funding for such may be provided by Art in Public Places or the Community Redevelopment Agency on the basis of a advance against Art in Public Places from future development within the Project. 18. Drive -through facilities shall be designed according to the following: a: Safe on and off -site traffic and pedestrian circulation shall be considered to limit conflicts between vehicles and pedestrians. b: Stacking space for six vehicles shall be provided on -site for each facility. c: There shall be shade provided for vehicles at the service window which shall be designed in an integrated manner with the architecture and/or landscape architecture of the overall facility. d. Vehicles, menu -boards, and service windows and similar features shall be screened from public view by architecture of landscape elements. e. Drive -through restaurants shall be limited to the portion of the property north of Gerald Ford Drive. 7 ORDINANCE NO. 1069 ORDINANCE NO. 838 Ex. A Development Program -Maximum Intensity Alternate Consistent with the General Plan, the maximum intensity alternate as shown in Figure 2 is set as the upper limit of development for the site. Figure 2 Planning Gross Est Net Proposed Proposed FAR/ Max. Est. Area Area Area Zoning Uses Dens. FI. Ar. Parking Equivalent PA 1 21.3 ac. 18.1 ac. PC-2 Freeway .50 395K 2175 Oriented Business PA 2 50.7 ac. 43.1 ac. PC-3 Regional .50 940K 5165 Commercial PA 3 11.2 ac. 9.5 ac PC-2 Freeway .50 21 OK 1155 PA 4 30.2 ac. 25.7 ac. PA 5 25.9 ac. 22.0 ac. PA 6 70.6 ac. 60.0 ac PA 7 44.3 ac. 37.7 ac. PA 8 14.9 ac. 12.7 ac. TOTALS 1269.1 ac 1228.8 ac PI Industrial/ .50 560K 3075 Business DC-2 Commercial .50/ 240K/ 960 /Residential 18/ac 200 du 400 PI Industrial/ .50 1300K 6550 Business OP Office .50 820K 3280 'R-18 Multi -family 18 270 du 540 Residential du/ac _ - - 14465K 123,300 f N ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A Development Program -Trend Alternate The Trend Alternate as shown in Figure 3 is set forth as the probable development intensity for the Project. Figure 3 Planning Gross Est. Net Proposed Proposed FAR/ Est Est. Area Area Area Zoning Uses Dens. FI. Ar. Parking .21.3 Equivalent PA 1 ac. 18.1 ac. PC-2 Freeway .25 200K 800 Oriented Business PA 2 ' 50.7 ac. 43.1 ac. PC-3 Regional .20 375K 1775 Commercial PA 3 11.2 ac. 9.5 ac PC-2 Freeway .25 105K 400 Oriented Business PA 4 30.2 ac. 25.7 ac. PI Industrial/ .25 280K 1100 Business PA 5 25.9 ac. 22.0 ac. PC-2 Commercial .25/ 120K/ 800 /Residential 18/ac 200 du PA 6 70.6 ac. 60.0 ac PI Industrial/ .25 655K 2600 Business PA 7 44.3 ac. 37.7 ac. OP Office .25 410K 1640 PA 8 14.9 ac. 12.7 ac. PR-18 Multi -family 18 270 du 450 Residential du/ac TOTALS 269.1 ac 1 228.8 ac - - - 2145K 9565 470 du E r CE NO. 1069 0RDZ13A11 A N " *♦ W J d W � N 1 iu ii Yip Q �.J..M.•WfInJ ii n.inx.nyi i�iiiii W....0 .m 1 . iJNi. uiifw i moor ag rY 1 n z � � 5s� U � H O Z� o Q ,� v ° ®2 1 Q urW z�� o p� of c i v� 0 � o a 0 m a J000j� J ORDINANCE NO. 838 Design Guidelines Purpose ORDINANCE NO. 1069 Ex. A Except as otherwise provided in this Agreement or this Exhibit "A", the development of each Planning Area within the Project shall be governed by the existing Land Use and Building Ordinances of the City. The following guidelines are intended to be supplemental to those established -by the City in its Ordinances and to the extent that they are inconsistent or in conflict with the guidelines and Ordinances established by the City, these guidelines shall be deemed controlling. Subject to the foregoing, all development plans for each Planning Area shall comply with the following guidelines. Site Planning and Circulation Access to the various Planning Areas shall be limited as depicted in Figure 5 unless otherwise approved by the Planning Commission. The intent is to limit access to maximize the efficiency of the public street network in and around the Project Area. Shared access, shared parking, shared internal vehicular circulation, and an interconnected non -motorized internal circulation system shall be considered with the site plan for each Planning Area. Where shared circulation, parking, and access are planned, reciprocal easements shall be provided at the time the final map is approved for the planning area or at the time of building permits. Architecture The architectural style of the Project will be predominantly of a custom, contemporary desert influence. This can include a variety of derivative "traditional' styles such as Mexican, Southwest, Mission Spanish, as well as more distinctly modern desert expressions as found in Palm Desert and elsewhere throughout the Southwest. The collective characteristics found in this architecture will be solar control (eaves, shade structures, recessed windows and doors, reflective surfaces), mass (thick walls, columns), enriched materials (stone, masonry, glass block), complex building forms (courtyards, "stepping" - both vertical and horizontal, clustering) and details (art, water elements, lighting, signage). Articulated eave detailing is encouraged on all structures. The design objective is to reward the observer with a unique, environmentally responsive "village" of buildings which work to provide an enriching experience to both those working within as well as the users of the complex. Screening of mechanical equipment, loading docks, trash areas and the like from all vantage points shall be designed as an extension of the architectural and landscape solutions. Discouraged architectural elements include franchise design, stagefront (one sided) solutions, massive, uninterrupted planes of stucco or similar materials, and unrelated, 12 ORDINANCE NO. S38 floating, Post -Modern elements applied to building elevations. Height Limits ORDINANCE NO. 1069 Ex. A The maximum height of buildings shall be governed by the provisions of the equivalent zoning classification. Landscape The landscape solutions will be water efficient, colorful and emphasize shade. Large expanses of turf will be discouraged except where multiple usage can be achieved. Water elements shall be judiciously used to accentuate entries or transition areas. Such elements shall tend toward"oasis" rather than 'lake." Streetscapes shall be developed for each of the public streets and should include landscape materials suited for such applications. Colorful desert shrubs and shade trees shall be encouraged. Irrigation systems shall be selected that limit water wasting. Landscape grading shall be designed to contain irrigation within planting areas. Stormwater retention/detention areas (100 year events) shall be integrated into the overall site plan. Landscape Maintenance Landscape maintenance shall be undertaken on a uniform basis within each planning area. A landscape maintenance handbook shall be approved as part of the detailed landscape development plans for each planning area. Landscape elements which are common to more than one planning area shall have consistent maintenance provisions. Parking Areas Parking areas shall be efficiently designed to minimize area devoted to asphalt. As much. as possible, large ' parking area shall be separated into smaller appearing facilities by means such as landscape buffers, grade breaks, and pedestrian corridors in order to visually limit the parking "hardscape." Trees used in parking areas shall be selected to maximize the development of shade while maintaining visual access to the architectural graphics of the complex. The pattern and selection of trees shall also integrate with the pattern of lighting fixtures to insure efficient illumination while limiting light pollution to the degree possible. Parking layouts shall be pedestrian friendly to facilitate pedestrian and non -motorized transportation movements. Stormwater retention/detention areas may include perimeter parking and maneuvering areas. The business developments catering to freeway travelers shall accommodate parking for -- vehicles pulling trailers, boats, vehicles and the like. 13 ORDINANCE NO. 838 Grading/Drainage ORDINANCE NO. 1069 Ex. A The Project lies adjacent to the long -planned Mid -Valley Channel. Each site will be required to retain the water of a 100 year event on site unless a community facility is constructed. Areas used for retention/detention shall be integrated into the overall site design but may be designed and shared by multiple sites. Retention/detention areas may include perimeter parking and maneuvering areas. Right-of-way easements for the Mid -Valley Channel shall be dedicated with the first development permit and the land value of the dedication shall be credited against any area -wide drainage fees. Construction shall be implemented by the Coachella Valley Water District, the City, and/or the Redevelopment Agency. Interim flood protection may be proposed to protect properties pending implementation of permanent facilities. Mass grading of all or a portion of the Project may be necessary and may occur upon approval of the grading plan and a dust control plan. Graphics Architectural graphics shall be considered as an integral part of the initial complex layout and individual building design. Due to the relationship with Interstate 10, Planning Areas 1, 2, 4. and 6 may orient building signage toward the freeway. Individual business signage shall not extend above the building outline. A single pylon sign up to 60 feet in height and 150 square feet in area per side (Figure 6) may be erected in Planning Areas 1 and 2 which may contain up to six business graphics. The design and location of this pylon shall be integrated with the Precise Plan for each planning area and shall be consistent with the FCOZ ordinance. All other freeway oriented graphics shall be consistent with the Palm Desert Sign Ordinance. In addition, the Developer and the City shall work with Caltrans to implement Business Identification Signage on Interstate 10. Plan Review Requirements Purpose This section is intended to establish the framework for processing future applications. Development/Precise Plan Review When the actual development of a Planning Area is proposed, an application for approval of a Precise Plan shall be filed with and shall be approved by the Planning Commission F and ARB if said Precise Plan is consistent with the provisions of the Agreement and this Exhibit "A". A Precise Plan may cover one or more Planning Areas of the Project. If a 14 ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A Precise Plan is proposed for an area less than a complete Planning Area, a schematic land use plan for the entire Planning Area shall be submitted for that Planning Area. That schematic land use Plan shall show that the partial development of the Planning Area will not inhibit the overall development of the Planning Area. Subdivision maps, if required, can be submitted and processed concurrently with the Precise Plan application. Precise Plan Contents Subject to the provisions of the Agreement and this Exhibit "A" the Precise Plan shall include the requirements of Section 25.73.011 of the Zoning Ordinance. 15 owumCE yo. 838 t igure 6 CONCEPT FREEWAY SIGNAGE UP TO SIX BUSINESS 8.3' LOWS l �--- COOK f `J i i PA1 . PREPAIW FO? The David Freedman Co., Inc. ,,c. isirr... ,,,�rs..� i UP T 1 28' Description: Riverside, CA Doc=9nt-Year.DocXD 1997.179687 Page: 58 of 71 Order: ken Convent: 7 , rr,)T;r IQ� AV I III I'I . IS 'I' TI, .......... . .. ....... . . . . . . . . . . . .................. . . . . . . . . . . ............. ... ... ........... II ............ Au 7 JnN3AY A3qj1N 0 V4 7-7— z 3AIVO 3JOH 909 I I I I I co [�go a QJ p V 4.1 U F I � p T.� I TCi� H U ISL I G y ORDINANCE NO. .838 ORDINANCE NO. 1069 Ex. A PAtCE L 1: IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF THE SOUTH HALF OF SECTION 28, AND THE NORTH HALF OF SECTION 33, IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE NORTH 00017'14" WEST ALONG THE WESTERLY LINE OF SAID SOUTH HALF OF SECTION 28, A DISTANCE OF 2661.21 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89°56'46" EAST ALONG THE NORTHERLY LINE OF SAID SOUTH HALF OF SECTION 28, A DISTANCE OF 45.22 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT- OF-WAY, 200.00 FEET IN WIDTH; THENCE SOUTH 54°3227" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 4579.80 FEET TO A POINT IN THE NORTHERLY LINE Or - SAID SECTION 33; THENCE CONTINUING SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1067.22 FEET TO THE MOST NORTHERLY CORNER OF PARCEL 8 AS DESCRIBED IN THE DEED TO THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO. 361666, O.R., SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1360.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 62040'20" WEST; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 8, AND ALONG THE WESTERLY LINES OF PARCELS 6, 1 AND 4 AS DESCRIBED IN THE DEED TO THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO. 361665, O.R., THROUGH THE FOLLOWING NINE (9) COURSES: SOUTHERLY'ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31002'12", AN ARC DISTANCE OF 736.70 FEET; THENCE TANGENT TO SAID CURVE SOUTH 03042'32" EAST, A DISTANCE OF 525.03 FEET; THENCE SOUTH 01°12'29" WEST, A DISTANCE OF 135.00 FEET; THENCE SOUTH 46012'29" WEST, A DISTANCE OF 55.15 FEET; THENCE NORTH 88°47'31" WEST, A DISTANCE OF 122.00 FEET; THENCE SOUTH 01012'29" WEST, A QISTANCE OF 137.00 FEET; THENCE SOUTH 68047'31" EAST, A DISTANCE OF 135.00 FEET; THENCE SOUTH 43047'31" EAST, A DISTANCE OF 48.08 FEET; ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A THENCE SOUTH 01012'29" WEST, A DISTANCE OF 458.74 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTH HALF OF SECTION 33; THENCE SOUTH 89051'41" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1856.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE NORTH 00°04'07" WEST ALONG THE WESTERLY LINE OF SAID NORTH- EAST QUARTER, A DISTANCE OF 2333.35 FEET TO A POINT ON A LINE PARALLEL WITH AND 329.01 FEET SOUTHERLY OF THE NORTHERLY LINE 0. SAID SECTION 33; THENCE SOUTH 89055' 55" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 2647.83 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTH HALF 0- SECTION 33; THENCE NORTH 00005' 40" WEST ALONG SAID [WESTERLY LINE, A DISTANCE OF 329.01 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. COMPRISING 245.11 ACRES, MORE OR LESS. �aNDs � aP: , N Oj( NY i�AUp v RE `1-30.00 Jl NO.5476 qlF OF C AI.IF�� ORDINANCE NO. 838 PARCEL 2: ORDINANCE NO. 1069 Ex. A IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 33, AND THE WEST HALF OF SECTION 34, IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY, 200.00 FEET IN WIDTH, AND THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE SOUTH 00012'22" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 1601.18 FEET TO A POINT OF CUSP WITH A TANGENT CURVE, CONCAVE WEST- ERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89°47'38" EAST, SAID POINT ALSO BEING OV_ THE CENTERLINE OF GERALD FORD DRIVE; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CENTERLINE. OF GERALD FORD 'DRIVE THROUGH THE FOLLOWING SIX (6) COURSES: NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18009'4311, AN ARC DISTANCE OF 380.38 FEET; THENCE TANGENT TO SAID CURVE NORTH 18022105" WEST, A DISTANCE OF 481.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH- WESTERLY AND HAVING A RADIUS OF 1000.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36010'22", AN ARC DISTANCE OF 631.33 FEET; THENCE TANGENT TO SAID CURVE NORTH 54032'27" WEST, A DISTANCE OF 1645.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1000.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34015'04", AN ARC DISTANCE OF 597.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 88047'31" WEST, A DISTANCE OF 649.03 FEET TO THE SOUTHEAST CORNER OF PARCEL 3 AS DESCRIBED IN THE DEED TO THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO. 361665, O.R. THENCE LEAVING SAID CENTERLINE OF GERALD FORD DRIVE AND IN A GENERAL NORTHERLY DIRECTION ALONG THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL 3, AND THE EASTERLY LINES OF PARCELS 1 AND 5 AS DESCRIBED IN SAID INSTRUMENT NO. 361665, AND ALONG THE EASTERLY LINE OF PARCEL 8 AS DESCRIBED IN THE DEED TO THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO. 361666, O.R., THROUGH THE FOLLOWING SIX (6) COURSES: NORTH 01012'29" EAST, A DISTANCE OF 75.00 FEET; ORDINANCE NO. 838 ORDINANCE NO. 1069 Ex. A THENCE NORTH 88°47'31" WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 43047'31" WEST, A DISTANCE OF 48.08 FEET; THENCE NORTH 01012'29" EAST, A DISTANCE OF 127.00 FEET; THENCE NORTH 06059'36" EAST, A DISTANCE OF 525.78 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1520.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21010'22", AN ARC DISTANCE OF 561.70 FEET TO A POINT OF INTERSECTION WITH AFOREMENTIONED SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 498.43 FEET TO A POINT ON THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 33; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 54°32'27" EAST, A DISTANCE OF 3252.43 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. COMPRISING 61.81 ACRES, MORE OR LESS. LANDSq v� F\ v aMi iON- MJ+ *� RE&&.30-vor* t110.5a16��/ oF C Al.\��Q� ORDINANCE NO. 1069 Ex. A ORDINANCE NO. 838 DEVELOPMENT AGREEMENT EXHIBIT B LEGAL DESCRIPTION OF PROPERTY [to be attached prior to recording] DE096717 4/16/97 -1V- ORDINANCE NO. 838 DEVELOPMENT AGREEMWT — EXHIBIT "B" ORDINANCE NO. 1069 Ex. A THENCE SOUTH 01°12'29" WEST, A DISTANCE OF 458.74 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTH HALF OF SECTION 33; THENCE SOUTH 89051141" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1856.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE NORTH 00*04107" WEST ALONG THE WESTERLY LINE OF SAID NORTH- EAST QUARTER, A DISTANCE OF 2333.35 FEET TO A POINT ON A LINS PARALLEL WITH AND 329.01 FEET SOUTHERLY OF THE NORTHERLY LINE Or - SAID SECTION 33; THENCE SOUTH 89°55' 55" WEST ALONG SAID PA RALLEL LINE, A DISTANCE. OF 2647.83 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTH HALF OF SECTION 33; THENCE NORTH 00005'40" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 329.01 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. COMPRISING 245.11 ACRES, MORE OR LESS. _Slp LANDS R � ok aP,C: H NY i�,ri►1tx7QJt O v RE J'\ No 5476 qlF of C ORDINANCE NO. 838 ORDINANCE NO. 1069 DEVELOPMENT AGREEK ENT — EXHIBIT "B" Ex- A THENCE NORTH 88°47'31" WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 43047'31" WEST, A DISTANCE OF 48.08 FEET; THENCE NORTH 01012129".EAST, A DISTANCE OF 127.00 FEET; THENCE NORTH 06059136" EAST, A DISTANCE OF 525.78 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1520.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°10'22", AN ARC DISTANCE OF 561.70 FEET TO A POINT OF =NTERSECTION WITH AFOREMENTIONED SOUTHWESTERLY RIGHT—OF—WAY LINE OF ^HE SOUTHERN PACIFIC RAILROAD; THENCE SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 49$.43 FEET TO A POINT ON THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 33; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 54032'27" EAST, A DISTANCE OF 3252.43 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RIGHTS —OF —WAY OF RECORD. COMPRISING 61.81 ACRES, MORE OR LESS. S�pt.ANDSU aNTHONr . MAQogx * F i FE , , 9 30 100 *� rNj0.5476 qfF OF C A0�dQ` b rm- C� U J H O J ry� 11` 11..1