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Home My WebLink AboutOrd 1142 Case DA 02-01 Amendment 1 - Stone Eagle ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDMENT RELATING TO STONE EAGLE. CASE N0. DA 2-1 AMENDMENT # 1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of September, 2007, hold a duly noticed public hearing to consider a request by Eagle 6.5 LLC for approval of DA 2-1 Amendment # 1 ; and WHEREAS, the Planning Commission by its Resolution No. 2450 denied said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to justify its actions: The proposed development agreement is consistent with the provisions of the Municipal Code Chapter 25.37, Development Agreements. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That DA 2-1 Amendment #1 (Exhibit A attached hereto) 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, 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 , 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 TO ALLOW THE DIVISION OF HOMES FROM FOUR (4) TO 12 FRACTIONAL INTERESTS WITHIN THE STONE EAGLE PROJECT, WEST OF HIGHWAY 74 AT HOMESTEAD ROAD — APPLICATION HAS SINCE BEEN REVISED TO NINE (9) FRACTIONAL INTERESTS ON A MAXIMUM 20 UNITS Case No. DA 02-01 Amendment#1 (Eagle 6.5 LLC, Applicant/Appellant)(Re-advertised forthe meeting of September27,2007). � Rec: Waive further reading and adopt Ordinance No. 1142, approving an amendment to the Stone Eagle Development Agreement, including a Negotiated Facilities Impact Fee similar to other timeshare projects within the City. �IT�'' G�L'�i�'':t i� ��:"i"�E::�I o A.P�:��5�'�J ✓a,�. IG�:?��.T.ED��,�G�� u�Y T�°jj, � m�.m/„m.,P,Ga.w,. i:r�a Al�+�'� ,,,rm,e,..�. m.�..s..� �� .aod. + �+T. ��y tt�,..i . , � L�:i;�l�. ��.`„2 L f�:J.I:a n,.� . . n...v �.w..iew X�.�t�`� ! /�� ' .�� ...�� LYTt1 J..�e . -Ra�r'ew�ws.rnms�aa¢A'nivse,+5w«ns�.�a'a,�xs4ls;w�c.'��ID�tlam'w.�n� 'y F�S.1�ti�6Jj.{j, � � .eM�rsae+�w � A"��STI�Tt�+i o Ur�RIL'ZE� �Y• �rigz�al �n ��.le �. '�i� Ci�y G�_erk:' s 0�=fi�c RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: Carlos Ortega 73-510 Fred Waring Drive Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT -NO FEE- 6103 OF THE GOVT. CODE Space Above This Line For Recorder's Use First Amendment to Development Agreement 02-01 This First Amendment to Development Agreement (this "AmendmenY') is made and entered into as of this _ day of , 2007, by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and STONE EAGLE DEVELOPMENT, LLC ("Developer") as successor-in interest to DESTINATION DEVELOPMENT CORPORATION, a California corporation ("DDC") (City and Developer are, collectively, "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and DDC entered into that certain Development Agreement 02-01 dated as of November 14, 2002, and recorded on March 11, 2003, as Document No. 2003-172463, in the Official Records of Riverside County, California (the "AgreemenY'). The Agreement was entered into to facilitate the development of certain real property ("Site") more particularly described in the Agreement. B. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 1000 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date, which is two (2) business days after the date, which is thirty (30) days after date of final adoption by the City of the ordinance approving this Amendment ("Effective Date"). From and after the Effective Date, all references to the Agreement shall automatically be deemed to mean the Agreement as amended by this Amendment. �ioasi��.a 1 2. De�ned Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. 3. Effect on Site. This Amendment will bind the Site upon the Effective Date. 4. Amendment to Section 201. From and after the Effective Date, the last sentence in Section 201 (1) shall be revised to read: "Notwithstanding any provisions to the contrary set forth in Chapter 25.100 of the Palm Desert Municipal Code, each of no more than twenty (20) DU may (but need not) in developer's sole discretion be sold as up to nine (9) fractional interest, each of which fractional interests shall permit the owner of such fractional interest to occupy a DU (which may or may not be the DU in which such owner has a fee interest) for a portion of each calendar year. The remaining 40 DU of the entitled 60 DU shall not exceed one (1) ownership, which is an amendment from up to a fourth (1/4) fractional interest per DU." 5. Public Facilities Impact Mitigation Fee. The Developer agrees, for so long as the Developer shall control the Residence Club at Stone Eagle, to cause, and from and after the date on which the Developer shall no longer control the Residence Club at Stone Eagle, to use its best efforts to cause the collection of a $2,700.00 per year Public Facilities Impact Mitigation Fee for each dwelling unit sold on a fractional basis, as is permitted under this First Amendment to Development Agreement 02-01. The annual fee will be adjusted every five years on July 1 beginning July 1 2008, using the Consumer Price Index for Los Angeles/Riverside/Orange Counties (March 2008 to March of the year of adjustment). The fee shall be calculated based upon the number of dwelling units that have been sold on a fractional basis times the annual fee amount. The annual fee shall be paid to the City on an annual basis beginning with the first payment on the first day of the twelfth month following the effective date of this First Amendment. The first payment shall include payment of the Public Facilities Impact Mitigation Fee for the balance of the first month plus the next eleven months. Thereafter, the Public Facilities Impact Mitigation Fee shall be paid on the first day of each twelfth month for the next twelve-month period. Provided, however, that the agreement of the Developer to cause or use its best efforts to cause the collection of the Fee does not constitute the obligation of the Developer, except to the extent that Developer has purchased a fractional interest. Future operators of the Residence Club at Slone Eagle are similarly required to collect and pay said fee to the City. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Agreement and this Amendment shall not be severable from Developer's interest in the Site, and the provisions of the Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Amendment, and that thereafter the benefits and burdens of the Agreement as amended by this Amendment shall bind and inure to all successors in interest to the Parties who acquire any interest in the Site. 7. Interpretation. This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. a i oax i�c�.n 2 8. Entire Agreement. This Amendment is executed in duplicate originals, each of which is deemed to be an original. This Amendment consists of four (4) pages, which constitute the entire understanding of the Parties as to the matters set forth in this Amendment. 9. Status of A�reement. Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date and year first above written. "CITY" CITY OF PALM DESERT, a California Municipal Corporation Effective Date: By: (Mayor, City of Palm Desert) , 2006 Attest: Carlos L. Ortega City Manager Approved as to form: David Erwin City Attorney "DEVELOPER" STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company Date of Submission by Developer: By: , 2006 a i oas i��.a 3 STATE OF CALIFORNIA ) ) ss. COUI�ITY OF ) On , before me, 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. Notary Public [SEAL� STATE OF CALIFORNIA ) � SS. COUNTY OF ) On , before me, 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. Notary Public �SEAL] 41048176.4 4