Loading...
HomeMy WebLinkAboutSR - 2nd Addndm to Parking Easemnt Agmt - The Gardens/Res 550/2nd Addndm to Prkg EsmntPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: ADOPTION OF RESOLUTION NO. 55o APPROVING A SECOND ADDENDUM TO PARKING EASEMENT AGREEMENT AT THE GARDENS ON EL PASEO SUBMITTED BY: MARTIN ALVAREZ, REDEVELOPMENT MANAGER DATE: JUNE 26, 2008 CONTENTS: RESOLUTION NO. 550 SECOND ADDENDUM TO EASEMENT AGREEMENT Recommendation: Waive further reading and adopt: 1. Resolution No. 550 , approving the Second Addendum to a Parking Easement Agreement at the Gardens on El Paseo. Executive Summarv: On June 12, 2008, the City Council granted site plan approval for a future 27,000 square foot expansion to the Saks Fifth Avenue building at the Gardens on El Paseo. Approval of the staff recommendation will approve a second addendum to the Garden on El Paseo Parking Easement Agreement, which will formalize the elimination of 27 parking spaces within the public parking structure at the Gardens on El Paseo. The elimination of parking spaces will accommodate the future Saks Fifth Avenue expansion. Staff recommends approval. Discussion: In April 1999, the Agency Board approved a Parking Easement Agreement on the Gardens on El Paseo (Gardens) parking structure. The agreement created a public parking easement over all parking spaces. The first addendum approved in 2004, allowed a modification to the parking structure to construct a vehicle storage facility for the El Paseo Courtesy Shuttle Program. On June 12, 2008, the City Council granted site plan approval for a 27,000 square foot expansion to the Saks Fifth Avenue Building (Saks) at the Gardens. As part of this approval, the City Council allowed the elimination of 27 parking spaces to accommodate the future Saks expansion. In addition to this approval, the City Council granted Staff Report Approval of Second Addendum to Parking Easement Agreement at Gardens on El Paseo Page 2 of 2 June 26, 2008 approval of the new El Paseo Village project, directly west of the Gardens. In order to minimize parking impacts at the Gardens caused by the Saks expansion, the El Paseo Village project was approved with a requirement to re -capture the 27 parking spaces lost at the Gardens. This requirement will be accomplished as part of a new parking structure approved at the El Paseo Village project. In order to comply with the requirements of the Parking Easement Agreement, any modification to the parking at the Gardens has to be approved through an addendum to the agreement. The attached Resolution will approve the second addendum to the easement agreement and allowing the elimination of 27 parking spaces to accommodate the future expansion of Saks Fifth Avenue. Staff recommends approval of the attached resolution and the parking easement agreement. Submitted by: ,/Martin Alvarez Redevelopment Manager Approval: Department Head: �eel Dave Yrigoyer�/ Director of Rede pment/Housing Carlos L. Ort a, Executive Director A P 000 Ve-d BY RDA ON (0-- a(o- US VERIFIED BY (c Original on file with City Clerk's Office Approval: i McCarthy AC)Redev ment Paul . Oib irector of Finance G:\rda\Martin A1varez\2008\SR\EI Paseo Garden 2parkingamd.doc RESOLUTION NO. 550 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A SECOND ADDENDUM TO EASEMENT AGREEMENT WHEREAS on February 28, 2008 the City Council of the City of Palm Desert approved an expansion of the existing Saks Fifth Avenue Building (the "project") at The Gardens on El Paseo shopping center (the "Gardens"), including an upgrade to the existing two-story parking structure; and WHEREAS on or about June 12, 2008, the City Council of the City of Palm Desert approved a development agreement to provide a development plan for the project at the Gardens. Among other terms, the development agreement provides that the project is allowed to operate below the parking ratio of 1 space for each 250 square feet of floor area (or four spaces for each one thousand square feet of floor area) and that the total number of parking spaces is allowed to fluctuate by no more than 2% over time; and WHEREAS the project is consistent with the Palm Desert Redevelopment Plan for Project Area No. 1, the implementation plan adopted thereto, and any applicable Redevelopment Agency agreements in effect; and WHEREAS the parking structure at the Gardens is subject to an existing non- exclusive easement in favor of the Agency for public parking purposes (the "Public Parking Easement") through that certain Easement Agreement dated April 15, 1999 (recorded on April 30, 1999). Pursuant to a January 8, 2004 Addendum to Easement Agreement (recorded on April 9, 2004), the easement was modified to afford the Agency the additional right to install and operate a vehicle storage facility (the "Storage Improvement Easement") on a portion of the parking structure to serve the City's El Paseo Courtesy Shuttle Program; and WHEREAS the project is consistent with the Public Parking Easement and the Storage Improvement Easement; and WHEREAS a Second Addendum to Easement Agreement has been prepared to reflect the project and the revised plan to modify the parking structure. NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Redevelopment Agency, as follows: 1. The above recitals are true and correct. 2. The Second Addendum to Easement Agreement is hereby approved. 3. The Chair and Secretary of the Agency shall sign the Second Addendum to Easement Agreement on behalf of the Agency, and the executive officer Gtrda\Mana Hunt\WPDATAWIvarez\Gardens\Resolution approving Second Addendum to Easement doc.doc RESOLUTION NO. 550 of the Agency shall cause the Second Addendum to Easement Agreement to be recorded in the official records of the County of Riverside. PASSED, APPROVED and ADOPTED this 26th day of June 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Chairman ATTEST: Rachelle D. Klassen, Secretary G.\rda\Mana Hunt\W PDATA\Alvarez\Gardens\Resolution appro\Ang Second Addendum to Easement doc.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Executive Director THE AREA ABOVE IS RESERVED FOR RECORDER'S USE [This instrument is exempt from Documentary Transfer Tax pursuant to Revenue and Taxation Code Section 11922 and is exempt -from Recorder's Fees pursuant to Government Code Sections 6103 and 27383] SECOND ADDENDUM TO EASEMENT AGREEMENT This Second Addendum to Easement Agreement (this "Second Addendum") is made and entered into as of the day of , 2008, by and between the PALM DESERT REDEVELOPMENT AGENCY, a California public agency ("Agency"), and GARDENS SPE 11 LLC, a Delaware Limited Liability Company (the "Developer"). RECITALS WHEREAS, Developer is the owner of that certain real property (the "Property"), located in the City of Palm Desert, California and more completely described in Exhibit "A" attached hereto and hereby made a part hereof; WHEREAS, Developer's predecessor in interest developed a shopping center which included, among other features, a parking structure (the "Shopping Center") upon the Property; WHEREAS, Developer's predecessor in interest and Agency previously entered into that certain Easement Agreement dated as of April 15, 1999 (the "Agreement") by which Developer granted to Agency a nonexclusive easement (defined and described in the Agreement as the "Easement") for public parking purposes over the parking structure (defined and described in the Agreement as the "Parking Areas"); WHEREAS, Developer and Agency previously entered into that certain Addendum to Easement Agreement dated as of January 8, 2004 (the "Addendum") by which Developer granted to Agency an expansion of the Easement to permit the Agency to construct and operate a vehicle storage facility on a portion of the Parking Areas to serve the City of Palm Desert's El Paseo Courtesy Shuttle Program (defined and described in the Addendum as the "Storage Easement"); Second Addendum to Easement Agreement (6-19-08) doc (2) WHEREAS, on February 28, 2008, May 22, 2008 and June 12, 2008, the City of Palm Desert adopted a series of approvals and entitlements (the "Approvals") to permit Developer to expand the existing Saks Fifth Avenue Building at the Shopping Center and to modify the Parking Areas (the "Project"). Included within such approvals was the approval, execution and recording of that certain Development Agreement by and between the City of Palm Desert and Gardens SPE II, LLC (the "Development Agreement"); and WHEREAS, the Project is consistent with the Easement and the Storage Easement. However, in order to bring the Easement and Storage Easement into conformity with the Project, the Approvals and the Development Agreement, the Agency and Developer desire by this Second Addendum to amend and modify the Agreement and Addendum in accordance with the terms contained herein. NOW, THEREFORE, in consideration of the foregoing, the covenants and promises as set forth herein, and other good and valuable consideration, Developer and Agency agree as follows: Recitals. The above recitals are true and correct. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. 3. Certain Ageements Inanolicable. The Agreement is hereby amended to remove any and all reference to "that certain Amended and Restated Development Agreement between the City of Palm Desert, California and Developer's predecessor in interest dated April 4, 1995" and "that certain Amended and Restated Disposition, Development and Implementation Agreement between Developer's predecessor -in -interest and Agency, dated April 4, 1995" since both of these Agreements have expired by their own terms and are of no further force and effect. 4. Parking Site Plan. Paragraph I of the Agreement references a certain Parking Management Plan attached to the Agreement as Exhibit C which may be modified in writing by the Agency and Developer. In light of the Project, the Parking Site Plan attached as Exhibit I to the Parking Management Plan is hereby replaced in full with the "Project Parking Site Plan" attached hereto as Exhibit "B". 5. Priority of Development Agreement and Proiect Approvals. In applying the terms and provisions of the various agreements and approvals between the Developer, the City and the Agency relative to the subject of parking in the Parking Areas, the terms of the Development Agreement and Project Approvals shall apply, control and govern over any other inconsistent terms and provisions of the Easement, Addendum, or Parking Management Plan. 6. Priority of Easement and Addendum. Except as modified or amended by this Second Addendum, the terms of the Easement and Addendum continue to be and are in full force and effect. 7. Miscellaneous. A. Amendment. This Second Addendum may be modified only in writing, signed by the parties in interest at the time of the modification. B. Severability. The invalidity or unenforceability of any provision of this Second Addendum, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. C. Recordation. Promptly following the execution of this Agreement, Agency shall cause this Second Addendum to be recorded in the Official Records of Riverside County, California. D. Notice. Any written notice required to be given under the Easement, the Addendum, the Parking Management Plan or this Second Addendum may be given by either personal delivery, by Federal Express (or other reputable overnight courier service (collectively, "Courier")), or by mail. If given by Courier, such notice shall be deemed to have been properly given on the business day immediately following the date same is deposited with such Courier for next -day delivery. If given by mail, such notice shall be deemed to have been properly given forty-eight (48) hours after the time that the same is deposited in the United States mail, certified, or registered, return receipt requested, postage prepaid, addressed as follows (or at such address as either Party may otherwise designate in writing to the other Party): To Developer: Gardens SPE II, LLC c/o Davis Street Land Company 622 Davis Street, Suite 200 Evanston, Illinois 60201 Attn: Robert Perlmutter To Agency: Redevelopment Agency City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Executive Director E. Entire Aueement. This Second Addendum contains the entire agreement between Developer and Agency as to the subject matter hereof and supersedes all prior agreements, oral or written, with respect thereto. F. Authority. Each Party represents and warrants that it has the sole right and exclusive authority to enter into this Second Addendum. G. Counterparts. This Second Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. 3 IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to be executed as of the date first above written. Attest: Rachelle D. Klassen, Secretary DEVELOPER: Gardens SPE I1, LLC, a Delaware limited liability company By: Robert Perlmutter Its: Manager AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT, CALIFORNIA, a public agency organized and existing under the laws of the State of California Jean M. Benson, Chairman 4 STATE OF ILLINOIS COUNTY OF COOK On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me 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 COUNTY OF RIVERSIDE On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me 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 EXHIBIT "A" LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY The Gardens on El Pasco Shopping Center: PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE -SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9,102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Assessors Parcel Number: 627-261-006-4 6 EXHIBIT "B" PROJECT PARKING SITE PLAN 2 m O D v m z O z m r _ � I m O T i D i r v` rm m � M -4 f D LARN.SPUR LANE g -J y SAN PABLO AVENUE u 0 m Lo 0 Coll to 'o C) C) > CD z 00 I-ARKSPLR LANE: I. o 0 o is 61 16 I 66 SAN PABLO AVENUF