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Home My WebLink AboutOrd 1164 - DA 06-02 Amendmet 1 2nd Reading MIEETIN(3 DAT'E t�� " �� ❑ CONTINUED TO ORDINANCE NO. 11 4 L�J PASSEB TO 2�1D READiNti �' �( ` � A ORDINANCE OF THE CITY COUNCIL DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT FUNDING COMPANY DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT. CASE NO. DA 06-02 AMENDMENT 1: WHEREAS, the Planning Commission by its Resolution No. 2481 has recommended approval of said project; and WHEREAS, at said public hearings, said City Council hear,d and considered all testimony and arguments of all interested persons. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That the Development Agreement 06-02 Amendment 1 by Ordinance No. is hereby approved. SECTION 2: The City Clerk of the City of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same 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 28th day of August, 2008, by the following vote, to wit: AYES: /,�� j NOES: A�TlPE6 DA't� _ _ "/ J"�I C�Q C� COtdTI#VUED TQ,.�. ABSENT: � PASSEb TO 2P10 R+EADIWG '—� �� ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California CITY COUNCIL ORDINANCE NO. 1164 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Palm Desert Attn: City Clerk � 73-510 Fred Waring Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT NO FEE 6103 FOR THE GOVERNMENT CODE Space above this line for Recorder's use First Amendment to Development Agreement 06-02 This First Amendment to Development Agreement 06-02 (this "Amendment") is made and entered into this as of this day of , 2008 by and between the CITY OF PALM DESERT, a California Municipal Corporation ("City"), and PALM DESERT FUNDING COMPANY, L.P. A DELAWAFiE LIMITED PARTNERSHIP ("Developer") ("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 Developer entered into that certain Development Agreement 06-02 dated as of the 8th day of March 2007 and recorded on April 2, 2007 as Document Number 2007-0221432, and the official records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property (the "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 2.2 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree to as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two business days after the date which is thirty days after the 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. 2. Defined Terms: All capitalized terms used but not defined herein shall have the meeting set forth in the Agreement. 3. Effect on Site: This Amendment will bind the Site upon the Effective Date. 4. Amendment to Exhibit "A": Exhibit "A" legal description shall be revised by removing the properties described in Exhibit "AA", attached, from the Site. The properties described in Exhibit "AA" shall no longer be a part of the property entitled and restricted under the terms of Development Agreement 06-02. CITY COUNCIL ORDINANCE NO. 1164 5. 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 this 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 require any interest in this Site. 6. Interpretation: This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 7. Entire Agreement: This Amendment is executed in duplicate originals each of which is deemed to be an original. 8. Status of Agreement: 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 has executed this Amendment as of the date and year first above written. City of Palm Desert, a California Municipal Corporation by: By: Effective Date: , 2008 Jean M. Benson, Mayor City of Palm Desert ATTEST: Carlos L. Ortega City Manager APPROVED AS TO FORM: Dave Erwin City Attorney DEVELOPER: Palm Desert Funding Company L.P. A Delaware Limited Partnership BY: ITS: CITY COUNCIL ORDINANCE NO. 1164 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, Notary Public, personally appeared 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, Notary Public, personally appeared 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] 5 ORDINANCE N0 . 1164 501412638A Policy No. : CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows : THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A •PORTION OF PARCEL 3 , AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211 PAGES 63 THROUGH 75, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : � COMMENCING AT THE CENTERLINE INTERSECTION OF PORTOLA AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID COLLEGE DRIVE NORTH 89°54 ' 28" EAST 121 .37 FEET; THENCE NORTH 00°05 ' 32" WEST 54 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47°41 '41" WEST 45 . 19 FEET TO A LINE PARALLEL AND 38 . 00 FEET EAST OF THE WESTERLY LINE OF SAID PARCEL 3 ; THENCE ALONG SAID PAR.ALLEL LINE, NORTH 00°05 ' 32" WEST 110 . 11 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89°54 ' 28" EAST 97 . 33 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 45 . 50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 65°46 ' 56" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY AND EASTERLY 71 . 68 FEET THROUGH A CENTRAL ANGLE OF 90°16 ' 08" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 34 . 50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 24°29 ' 12" EAST; THENCE ALONG SAID CURVE EASTERLY 14 . 69 FEET THROUGH A CENTRAL ANGLE OF 24°23 '40" ; Continued on next page 6 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE N0 . 1164 501412638A Policy No. : CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 THENCE TANGENT FROM SAID CURVE NORTH 89°54 ' 28" EAST 13 . 33 FEET; THENCE SOUTH 00°05 ' 32" EAST 126 . 81 FEET TO A LINE PARALLEL WITH AND 10 FEET NORTH OF THE SOUTHERLY LINE OF SAID PARCEL 3 , SAID LINE ALSO BEING THE NORTHERLY RIGHT (S) OF WAY LINE OF SAID COLLEGE DRIVE; THENCE SOUTH 89°54 ' 28" WEST 29 . 98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 315. 00 FEET; THENCE ALONG SAID CURVE WESTERLY 41 . 94 FEET THROUGH A CENTR.AL ANGLE OF 07°37 '41" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 363 . 00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS SOUTH 07°32 ' 10" WEST; THENCE ALONG SAID CURVE WESTERLY 48 .33 FEET THROUGH A CENTRAL ANGLE OF 07°37 ' 41" ; THENCE TANGENT FROM SAID CURVE SOUTH 89°54 ' 28" WEST 31 . 88 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued on next page 7 Exhibit "AA" of DA U6-02 Amd 1 ORDINANCE N0 . 1164 SEC. 33, T.4S. , R.6E. 50 0 50 100 150 SCALE: 1 "=50' � � � � Q 3 W J W � PARCEL 3 J � Q W � z PARCEL MAP 31730 � � Q o m `� P.M.B. 211/63-75 �' = o o � v OS � o � � � 8 I � � ��/ W � 6�� Q � c� i6�/ O � W � � �%6� � � � � � � �► 3s' `� �,,� . o LOT"H" W£LL SITE 1 �! ' N�� - � � 0.554AC, oU � � � W U ��'�� a�� N ' N � 50' � J � r.P.o.a. ��a NI \ ( N �� 13 I �� SOUTHERL Y O 12 � 11 LINE OF PARCEL 3 TEMPORARY ACCESS EASEMENT OO � � � NORTHERLY RIGHT-OF-WAY - O � L INE OF COLLEGE ORI VE � 1 � - __ - E � P�� C/L COLLEGE DRIVE $ � DATA TABLE � 0 N Q BEARING/DELTA RADIUS LENGTH ' 1 N89'S4'28"E -- 121.37' � 2 N00 05 32 W -- 54.00' DENOTES TEMPORARY ACCESS EASEMENT m 3 N47 41 '41"W -- 45. 19' 4 N00°o5'32 w -- �io. i i� L _ � RECORDED ON AS � 5 N89'S4'28"E -- 97.33' INSTRUMENT N0. � 6 90 16'08' 45.50 71 .68' 7 24'23'40' 34.50' 14.69' o 8 N89'S4 28"E -- 13.33' � 9 500'05'32"E -- 126.81' � 10 S89 54'28 W -- 2g.98' �. 11 07'37'41" 315.OQ' 41.94' _ 12 07 37'41" 363.00' 48.33' � i3 s8s'Sa'28"W -- 31 .88' SHEET 1 OF 1 SHEET � EXHtB1T ��/� P�^NNINO ■ OESi�N ■ CON9TpIJCTiON ^ J '4-1�0 COUhfTAY CLI,E DPoVE SU7E�01 � PLAT TO ACCOMPANY A • ' � PaLM DE�ffff,CAI.,FOFi1�lA 92280-'6S5 % LEGAL DESCRIP710N FOR C O N 5 U LTI N G �sc-�ae-�ae�• FA%780.34fi.831S• www.q�com < WELL S1TE PURPOSES. DATE: MAY 8, 2007 JN: 2G-1G0707—G5 i z 8 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE N0 . 1164 501418444A Policy No. : CNJP-222g_ CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE - 1990 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of PALM DESERT, described as follows: THAT CERTAIN P�CEL OF LAND SITUATED IN THE CITY O� PAL,M DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP NO. 31730, FILED IN BOOK 211 PAGES 63 THROUGH 75, OF PARCEL MApS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESC•RIBED AS FOLLOWS: CONIlNENCING AT THE CENTERLINE INTERSECTION OF GERALD FORD DRIVE AND PACIFIC AVENUE AS SHOWN ON SAID PARCEL MAP NO. 31730; THENCE ALONG THE CENTERLINE OF SAID GERALD FORD DRIVE, NORTH 89°56 ' 07�' EAST 373 . 93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1000 FEET; THENCE ALONG SAID CURVE EASTERLY 523 .05 FEET THROUGH A CENTRAL ANGLE OF 29°58 ' 07"; THENCE LEAVING SAID CENTERLINE RADIALLY FROM SAID CURVE SOUTH 29°54 ' 14" WEST 95 FEET TO THE TERMINUS OF A CURVE LYING 95 FEET SOUTHERLY AND CONCENTRIC WITH THE SAID CENTERLINE OF GER.ALD FORD DRIVE, BEING A POINT ON A NON-TANGENT CU12VE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 905 FEET, A RADIp.2, LINE OF SAID CURVE FROM SAID POINT BEA.Rg SOUTH 29°54 '14" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE SOUTHEASTERLY 189.39 FEET THROUGH A CENTRAL ANGLE OF 11°59 '26'� • , THENCE NON-TANGENT FROM SAID CURVE SOUTH 22°13 'S3" WEST 139. 12 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 283 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARg SOUTH 22°13 'S3" WEST; THENCE ALONG SAID CURVE WESTERLY 102 . 99 FEET THROUGH A CENTRAI, ANGLE OF 20°51 ' 05"; THENCE NON-TANGENT FROM SAID CURVE NORTH 00°03 '53" WEST 21g. 6� Continued on next page 9 Exhibit "AA" of DA 06-02 Amd 1 ORDINANCE N0 . 1164 501418444A Policy No. : CNJP-2228- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVER.AGE - 1990 FEET TO THE TRUE POINT OF BEGINNING. End of Legal Description Continued cn next page 10 Exhibit "AA" of DA 06-0� :�md 1 ORDINANCE N0 . 1164 SEC. 33, T.4S. , R.6E. N41 °53'40"E �R� � - - - - - O5 N22° 13'53"E �R) � - - - - - TEMPORARY ACCESS / EASEMENT �0• 0 wEct s�rE L � � 0.552 AC. � �, // \� , � 0 �� S01°22'48"W �R� � T.P.0.B. 1 �, 1 � `S29°54'14"W �R� � v � � �� / p � w � 0 O �° PARCEL 4 �o PARCEL MAP 31730 �� P.M.B. 211/63-75 � � o � � J r1' � V SCALE: 1"=100' � I 75' � a 100 0 100 200 300 SCALE: 1 "=100' � : — � DATA TABLE � 0 N WES TERL Y L INE QQ BEARING�DELTA RADIUS LENGTH " 1 N89'56'07"E -- 373.93' � 1 OF PARCEL 4 � I _ 2 29 58'07 1000_00 523.05' � 3 S29 54'14"W 95.00' EASTERLY RIGHT,OF-WAY � `t 4 11'59'26" 905.00' 189.39' � L INE OF PA CIFIC A VENUE �' S s22°�3's3"w R -- �3s. i2' � P.O.C. I 6 20 51'05' 283.00' 102.99 C/L PACIFIC AVENUE � Noo•o3'S3"w -- 2�s.s� e , � � �-^-; DENOTES TEMPORARY ACCESS EASEMENT RECORDED ON AS � _ �___� INSTRUMENT N0. � 3 SHEET 1 GF 1 SNEET � EXHIBIT �� PLANNINO • DE91pN ■ CONYTRIJCTION ^ O S 74-�0 COUHTHY CLUB DfiIVE,SUfE 201 ,.�� PLAT TO ACCOMPANY A • • � P1LIJCES�iT,CAL'FC.ANA922E0-1655 � LEGAL DESCRIPTION FOR C O N 5 U LTI N G �so-aae-�ae,• =,vc�eo.aae.a3,s. �asF�m, � WELL SITE PURPOSES. GATt: ,l�A'' 9, �C07 JN: 20-1G0707-06 i _ 11 Exhibit "AA" of DA 06-02 Amd 1