HomeMy Public PortalAboutOrd 1158ORDINANCE NO. 1158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, APPROVING THE STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND IN-N-OUT
BURGERS
WHEREAS , the City of Rancho Mirage is a charter city and a municipal
corporation of the State of California ; and ;
WHEREAS , Developer has a leasehold interest in a 1.52 acre parcel of
land , identified as Assessor Parcel No . 682-320 -033 ("Subject Property"), located
within an existing shopping center known as Rancho Las Palmas Shopping
Center, which consists of approximately 15 acres of land located at the southeast
corner of Highway 111 and Bob Hope Drive at 42560 Bob Hope Drive, bordered
on the eastside by Magnesia Falls Drive in the City of Rancho Mirage; and
WHEREAS , Developer proposes to construct a 3,885 square foot fast food
restaurant, known as In -N-Out Burger, with associated drive-through, site
improvements and landsc aping on the Subject Property ; and
WHEREAS , Section 17.90 .020, "Definitions of specialized terms and
phrases " of Title 17 , "Zoning " of the Rancho Mirage Municipal Code defines
"Shopping Center" to mean "a structure or structures with at least five separate
retail tenants or occupants whose combined gross floor area totals at least twenty-
five thousand square feet, where the director determines that the tenants or
occupants are engaging in compatible commercial uses , and which are located on
a site where any underlying separate parcels are t ied together by a binding legal
agreement providing rights of reciprocal vehicular parking and access"; and
WHEREAS , the existing Rancho Las Palmas Shopping Center contains
severa l business establishments , including but not limited to, Hobby Lobby, Stein
Mart, Haus of Poke, Pieology Pizzeria, Norma's Italian Kitchen , Brandin i Toffee, a
dentist , optometrist , hear ing clinic, cleaners, nail salon and Pilate s club, in addition
to a drive-through CVS Pharmacy and drive-through Starbucks ; and
WHEREAS , "fast-food" restaurants, which are defined in Section
17.90 .020 , as establishments whose primary business is the sale of food and
beverages to customers for consumption on-site or off-site with less than f ifty
percent (50%) of the floor area used for customer seating, and which may includ e
drive-through service with a Conditional Use Permit only if located wit hin a
Community Commercial (C -C) Zoning District; and
WHEREAS, the Subject Property is currently situated in a Neighborhood
Commercial (C-N) Zon ing District, which is appropriate for neighborhood-scale
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shopping centers compatible with adjacent residential areas, including
supermarkets and drugstores, but which does not specifically permit "fast-food"
restaurants; and
WHEREAS, most newer In -N-Out Burger restaurants contain a one-lane
drive-through due to the restaurant's highly successful business model and
business practice of producing large quantities of hamburgers in a timely and
efficient manner and the large volume of customer traffic typically associated with
In -N-Out Burger restaurants relative to other nation-wide fast-food restaurant
chains; and
WHEREAS, having an In-N-Out Burger restaurant, which is highly popular
and an iconic fast-food restaurant in California, located mid-valley along Highway
111 , will make it more convenient for the general public living, working or visiting
the City of Rancho Mirage rather than having to travel to the only other mid-valley
In-N-Out Burger restaurant located on Varner Road, north of In terstate 10 in
Thousand Palms or to the east valley communities of La Quinta and Indio , where
two other In-N-Out Burgers operate; and
WHEREAS, Developer is not requesting any form of f inancial assistance
from City to locate, develop, construct and/or operate an In-N-Out Burger
restaurant in the City of Rancho Mirage, and is willing to voluntarily implement
certain measures for publ ic convenience purposes and make future changes to its
internal traffic circulation plans, without the need of requiring an official amendment
to the Project's approved entitlements, to protect and/or promote vehicular and
pedestrian safety if the City determines in its sole discretion that such a threat to
vehicular and pedestrian safety become issues of concern; and
WHEREAS, the Rancho Las Palmas Shopping Center's location along Bob
Hope Drive and Highway 111, the Shopping Center's size, its on-site traffic
circulation patterns and the existence of three drive-through commercial
establishments make the Subject Property and Shopping Center conducive for
developing and operating a drive-through fast food establishment such as an In-
N-Out Burger restaurant ; and
WHEREAS, to strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the economic risk of
development, the Legislature of the State of California adopted Sections 65864 et
seq. of the California Government Code, "Development Agreement Statute" which
authorizes cities to enter into property development agreements with any person(s)
or entity(ies) having a legal or equitable interest in real property for the
development of such real property in order to establish certain development rights
in the real property; and
WHEREAS, pursuant to Chapter 17.56, "Development Agreements" of the
Rancho Mirage Municipal Code, a development agreement is intended to provide
assurances to Developer that an approved project may proceed subject to the
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po licies, ru les , regulations, and conditions of approval app licab le to the project at
the time of approval , regard less of any changes to City policies , rules, and
regulations after project approval in exchange for assurances that City cannot
otherw ise unilatera lly impose as conditions of approval of the project outside the
context of a negotiated development agreement; and
WHEREAS, the Agreement will e liminate uncertainty in planning for and
secure orderly development of the Subject Property, assure progressive
installation of necessary improvements, and ensure attainment of the maximum
effect ive utilization of resources within C ity at the least econom ic cost to its
citizens; and
WHEREAS, based on the foregoing rec itals, C ity has determined that the
Agreement is appropriate under the Deve lopment Agreement Statute and Chapter
17.56 of the Rancho Mirage Mun icipal Code ; and
WHEREAS, the Agreement is voluntarily entered into in consideration of
the benefits to and the rights created in favor of each of the parties hereto and in
re liance upon the various representations and warranties contained herein ; and
WHEREAS , City , as "Lead Agency " under the Californ ia Environmental
Qua lity Act ("CEQA") and the CEQA Guidelines, has determined that the "Project,"
as more fully described in the Agreement, is categorically exempt per CEQA
Guide lines Section 15332 (Class 32)-lnfill Restaurants .
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
M IRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Rec itals are true and correct and are incorporated as though
fully set forth here in.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Counc il hereby approves the Deve lopment Agreement By and
Between the City of Rancho M irage and In-N -Out Burgers ("Development
Agreement "), a copy of which is attached hereto as Attachment "A " and
incorporated herein by this reference, subject to the terms and conditions stated
there in.
SECTION 3. CITY ATTORNEY REVIEW
T hat the City Attorney prepared and framed this Ordinance pursuant to
Section 1.04 .010 of the Municipal Code and finds that the City Council has the
authority to adopt this Ordinance , that the Ordinance is constitut ionally valid and
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that the Ordinance is consistent with the general power and purposes of the City
as set forth in Section 1.04.031 of the Municipal Code.
SECTION 4. SEVERABILITY
That the City Council declares that , should any proviSIOn, section ,
paragraph, sentence or word of this Ordinance be rendered or declared inva lid by
any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections , paragraphs, sentences
or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 5. AMENDING OF BAIL SCHEDULE
That the City Attorney's Office is hereby directed to determine whether this
Ordinance necessitates amendment of the City's Bail Schedule and to cause such
necessary amendments to be made and filed with the loca l branches of the
Superior Court of the County of Riverside.
SECTION 6. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect th irty (30) days after its second reading
by the City Council.
SECTION 7. EFFECTIVE DATE OF DEVELOPMENT
AGREEMENT
That in accordance with Section 17 .56 .050 of the City's Municipal Code, the
Development Agreement shall not be executed by the City until on or after the
effective date of the Ordinance.
SECTION 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore
adopted by the City of Rancho Mirage that are in conflict with the provisions of this
ordinance are hereby repealed .
SECTION 9. RECORDATION OF DEVELOPMENT AGREEMENT
That in accordance with Section 17.56.050 of the City 's Municipal Code, the
City Clerk is hereby directed to record the fully executed Development Agreement
with the Riverside County Recorder no later than ten (1 0) days after its execution .
SECTION 10. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published according to law .
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City
Council held on October 21, 2019 , by the following vote:
AYES :
NOES :
Kite , Smotrich , Townsend, Weill.
None.
ABSENT: None .
ABSTAIN : None .
RECUSED : Hobart.
ATTEST:
~h'kZr~ Kns te Ramos, Ctty Clerk
APPROVED AS TO FORM:
~. Steven B. Quintanilla , City Attorney
Co \:.,_ Dc:..-v~C:, ~<>.c k\JC'--h·\<..J_.(..
b-e\l~~i C '-~f t~++-or"'-<!1
CITY OF RANCHO MIRAGE
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ATTACHMENT "A"
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF RANCHO MIRAGE
AND IN-N-OUT BURGERS
(SEE ATTACHED)
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RECORDING REQUESTED BY:
City of Rancho Mirage
WH N RECORD ED MAIL TO:
City of Rancho Mirage
69-825 Highway Ill
Rancho Mirage , California 92270
Attention: City Clerk
APN: 682-320-033
(SPAC E ABO V E THIS LINE RESERVED FOR RECORDER'S U S!~)
(Exempt from Recording Fees Pursuant to Government Code Section 27383-Benefits City)
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF RANCHO MIRAGE
AND
IN-N-OUT BURGERS
This Statutory Development Agreement ("Agreement") is entered into this day of
____ ___. 2019, by and between CITY OF RANCHO MIRAG E, a municipal corporation
located in the County of Riverside, State of California ("City"), and IN-N-OUT BURGERS , a
California corporation ("Developer") pursuant to the authority of Sections 65864 et seq . of the
California Government Cod e and Chapter 17 .56, "Deve lopment Agreements," of the Rancho
Mirage Municipal Code.
RECITALS:
WHEREAS, City is a charter city and a municipal corporation of the State of California;
and ;
WHEREAS , Developer has a leasehold interest in a 1.5 2 acre parcel of land , identified
as Assessor Parcel o . 682 -32 0-033 ("'Subject Property "), located withi n an existing shopping
center known as Rancho Las Palmas Shopping Center, which consists of approximately 15 acres
of land located at the southeast comer of Highway 111 1 and Bob Hope Drive at 42560 Bob
Hope Drive, bordered on the eastside by Magnesia Falls Drive in the City of Rancho Mirage
(See Ex hibit A, "Property Description"); and
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WHEREAS, Developer proposes to construct a 3,885 square foot fast food restaurant,
known as In-N -Out Burger, with associated drive-through , site improvements and landscaping
on the Subject Property; and
WHEREAS , Section 17.90.020, "Definitions of specialized terms and phrases" of Title
17, "Zoning" of the Rancho Mirage Municipal Code defines "Shopping Center" to mean "a
structure or structures with at least five separate retail tenants or occupants whose combined
gross floor area totals at least twenty-five thousand square feet, where the director determines
that the tenants or occupants are engaging in compatible commercial uses , and which are located
on a site where any underlying separate parcels are tied together by a binding legal agreement
providing rights of reciprocal vehicular parking and access"; and
WHEREAS , the existing Rancho Las Palmas Shopping Center contains several business
establishments, including but not limited to, Hobby Lobby, Stein Mart, Haus of Poke , Pieology
Pizzeria, Norma's Italian Kitchen, Brandini Toffee, a dentist , optometrist, hearing clinic,
cleaners, nail salon and Pilates club, in addition to a drive-through CVS Pharmacy and drive-
through Starbucks; and
WHEREAS, "fast-food" restaurants , which are defined in Section 17.90.020, as
establishments whose primary business is the sale of food and beverages to customers for
consumption on-site or off-site with less than fifty percent (50%) of the floor area used for
customer seating, and which may include drive-through service with a Conditional Use Permit
only if located within a Community Commercial (C-C) Zoning District; and
WHEREAS , the Subject Property is currently situated in a Neighborhood Commercial
(C-N) Zoning District, which is appropriate for neighborhood-scale shopping centers compatible
with adjacent residential areas , including supermarkets and drugstores, but which does not
specifically permit "fast-food " restaurants; and
WHEREAS, In-N-Out Burger restaurants are currently designed to contain a one-lane
drive-through lane and related facilities; and
WHEREAS , having an In-N-Out Burger restaurant, which is highly popular and an
iconic fast-food restaurant in California , located mid-valley along Highway 111, will make it
more convenient for the general pub lic livin g, working or visiting the City of Rancho Mirage
rather than having to travel to the only other mid-valley In-N-Out Burger restaurant located on
Varner Road , north of Int erstate 10 in Thousand Palms or to the east valley communities of La
Quinta and Indio, where two other In-N-Out Burgers operate ; and
WHEREAS , Developer is not requesting any form of financial assistance from City to
locate , develop, construct and/or operate an In-N-Out Burger restaurant in the City of Rancho
Mirage, and is willing to voluntarily implement certain measures for public convenience
purposes and make future changes to its internal traffic circulation plans , without the need of
requiring an official amendment to the Project's approved entitlements but subject to the terms of
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this Agreement , to protect and/or promote vehicular and pedestrian safety if the City determines
in its reasonable discretion that such a threat to vehicular and pedestrian safety become issues of
concern; and
WHEREAS, the Rancho Las Palmas Shopping Center's location along Bob Hope Drive
and Highway 111, the Shopping Center's size, its on-site traffic circulation patterns and the
existence of three drive-through commercial establishments make the Subject Property and
Shopping Center conducive for developing and operating a drive-through fast food establishment
such as an In-N-Out Burger restaurant~ and
WHEREAS , to strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature of the
State of California adopted Sections 65864 et seq. of the California Government Code ,
"Development Agreement Statute" which authorizes cities to enter into property development
agreements with any person(s) or entity(ies) having a legal or equitable interest in real property
for the development of such real property in order to establish certain development rights in the
real property; and
WHEREAS, pursuant to Chapter 17.56 , "Development Agreements" of the Rancho
Mirage Municipal Code, a development agreement is intended to provide assurances to
Developer that an approved project may proceed subject to the policies, rules, regulations, and
conditions of approval applicable to the project at the time of approval, regardless of any changes
to City policies, rules , and regulations after project approval, and provide assurances that City
cannot otherwise unilaterally impose conditions of approval of the project outside the context of
a negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty m planning for and secure
orderly deve lopment of the Subject Property, assure progressive installation of necessary
improvements, and ensure attainment of the maximum effective utilization of resources within
City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this Agreement is
appropriate under the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage
Municipal Code; and
WHEREAS , this Agreement is voluntarily entered into in consideration of the benefits to
and the rights created in favor of each of the parties hereto and in reliance upon the various
representations and warranties contained herein; and
WHEREAS, City , as "Lead Agency" under the California Environmental Quality Act
("C EQA") and the CEQA Gui .delines , has determined that the "Project," as more fully described
in this Agreement, is categorically exempt per CEQA Guidelines Section 15332 (Class 32)-Infill
Restaurants.
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l NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code and in
consideration of the mutual covenants and promises of the parties contained herein, the Patties
agree as follows:
AG RE EMEN T:
Section 1. Incorporation of Recitals and Exhibits
The foregoing Recitals and attached Exhibits are true and correct and are incorporated
into this Agreement by this reference as though fully set forth herein.
Section 2. Effective Date
This Agreement shall become effective on the effective date ("Effective Date") of the
ordinance enacting this Agreement ("Enacting Ordinance").
Section 3. Term
The parties agree that the Term of this Agreement shall be for a term of 30 years
commencing on the Effective Date, subject to any termination provisions described in this
Agreement.
Section 4. Project
The "Project" will include the development of a 3,885 square foot fast food restaurant,
known as In-N-Out Burger, with associated drive-through, site improvements and landscaping
on the Subject Property, which consist of approximately 1.52 acres ofvacant land situated within
the existing Rancho Las Palmas Shopping Center, which will require: (a) amending the text of
Table 2-4, "Allowable Uses and Permit Requirements for Commercial and Industrial Zoning
Districts" of Section 17.1 0.012 , "Allowable commercial and industrial zone uses, permit
requirements and project review authority" of Title 17, "Zoning," of the Rancho Mirage
Municipal Code to permit "Restaurants , Fast Food" as a conditional use , requiring a Conditional
Use Permit, on parcels situated within a "Large Scale Shopping Center" comprising 15 acres or
more within Zoning Districts designated as C-N (Commercial Neighborhood) or C-G
(Commercial General); (b) amending Section 17.90.020, "Definitions of specialized terms and
phrases" of Title 17, ••zoning" of the Rancho Mirage Municipal Code to define "Large Scale
Shopping Center" as a Shopping Center comprising 15 acres or more; (c) processing and issuing
a Conditional Use Permit for a drive-through fast food restaurant pursuant to Chapter 17.48 ,
"Conditional Use Permits" of Title 17, "Zoning"; and (d) processing and approving a
Preliminary Development Plan Permit for the Project pursuant to Chapter 17 .42 , "Development
Plan Permits" ofTitle 17, "Zoning."
Section 5. Project Site
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The "Project Site" is the same as the "Subject Property ," which consists of a parcel of
land with approximately 1.52 acres of unimproved real property, identified as Assessor Parcel
No. 682-320-033 , that is situated within an existing Shopping Center known as Rancho Las
Palmas Shopping Center, which consists of approximately 15 acres of land contained entirely
within a Neighborhood Commercial (C-N) Zoning District, located at the southeast corner of
Highway 1111 and Bob Hope Drive at 42560 Bob Hope Drive , bordered on the eastside by
Magnesia Falls Drive, in the City of Rancho Mirage, California.
Section 6. Zoning Text Amendment
The Parties agree as follows:
(a) Developer has submitted an application for a Zoning Text Amendment to amend
the text of Table 2-4, "Allowable Uses and Pe1mit Requirements for Commercial and Industrial
Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone uses, permit
requ irem ents and project review authority" of Title 17, "Zoning," of the Rancho Mirage
Municipal Code to permit "Restaurants, Fast Food" as a conditional use , requiring a Conditional
Use Permit, within Zoning Districts designated as C-N (Commercial Neighborhood) applicable
only to Large Scale Shopping Centers and City, and upon determining the subject application
complete, City shall in good faith process said application in an expeditious manner pursuant to
Chapter 17.73 , "General Plan, Specific Plan and Zoning Text Amendments"; and
(b) City plans to concurrently initiate and approve a Zoni.ng Text Amendment to
amend the text of Table 2-4 , "All owable Uses and Permit Requirements for Commercial and
Industrial Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone
uses, permit requirements and project review authority" of Title 17, "Zoning," of the Rancho
Mirage Municipal Code to permit "Restaurants, Fast Food" as a conditional use, requiring a
Conditional Use Permit, within Zoning Districts designated as C-G (Commercial General)
app licable only to Large Scale Shopping Centers; and
(c) City plans to initiate and approve a Zoning Text Amendment to amend the text of
Section 17.90.020, "Definitions of specialized terms and phrases" of Title 17, "Zoning" of the
Rancho Mirage Municipal Code to define "Large Scale Shopping Center" as a Shopping Center
comprising 15 acres or more.
Section 7. Conditional Use Permit
pon approval of the Zoning Text Amendment contemplated by this Agreement,
Developer shall (if such has a lready not occurred) submit an application for a Conditional Use
Permit to develop and operate a fast food restaurant with associated drive-through, at the Project
Site and City, upon determining the subject application complete, shall in good faith process said
app licat ion in an expeditious manner pursuant to Chapter 17.48 , "Conditional Use Pe .rmits,"
subject to the condition that if, after the initial opening period for Developer's restaurant, the
City reasonably determines, based on substantial evidence, that Developer's drive-thru
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operations are materially and adversely affecting traffic circulation outside the Subject Property
on a regular basis , (a) Developer shall use commercially reasonable efforts to implement traffic
congestion control measures consistent with Developer's practices at the majority of its other
locations in Southern California (e.g. having employees take customer orders while drive-thru
customers' cars are outside of Developer's physical drive-thru lane and/or using cones to
promote improved traffic circulation outside of the drive-thru lane), and (b) at City's request,
Developer shall meet and confer with the City staff in good faith to agree upon an overflow
traffic plan for Developer's drive-thru operations. If the City reasonably detetmines, based on
substantial evidence , that, after the implementation of the above-referenced measures and
actions , (a) Developer's drive-thru operations are continuing to materially and adversely affect
traffic circulation outside of the Subject Property on a regular basis and (b) as a result a material
risk to vehicular and pedestrian safety along Highway 111 exists, then City and Developer shall
work with each other in good faith and use commercially reasonable efforts to obtain the
requisite consent from all necessary third parties to close or eliminate the existing northerly
access point to the Subject Property shown on Exhibit B to this Agreement and labeled
"Northerly Driveway," by extending the existing landscape planter across said access point or
implementing some other measure(s) to prevent vehicular and pedestrian ingress or egress to and
from the Subject Property from said access point (the 'Access Modification Work"). If and
when such third party consents and all legally requi red permits are obtained , Developer shall
perform the Access Modification Work.
Section 8. Preliminary Development Plan Permit
Upon approval of the Zone Text Amendment and Conditional Use Permit contemplated
by this Agreement, Developer shall submit an application for a Preliminary Development Plan
Permit, to develop and operate a fast food restaurant with associated drive-through, at the Project
Site, and City , upon determining the subject application complete, shall in good faith process
said application in an expeditious manner pursuant to Chapter 17.42 'Development Plan
Permits ," which shall also be subject to the condition that if, after the initial opening period for
Developer's restaurant, the City reasonably determines , based on substantial evidence , that
Developer's drive-thru operations are materially and adversely affecting traffic circulation
outside the Subject Property on a regular basis, (a) Developer shaH use commercially reasonable
efforts to implement traffic congestion control measures consistent with Developer 's practices at
the majority of its other locations in Southern California (e.g. having employees take customer
orders while drive-thru customers' cars are outside of Developer's physical drive-thru lane and /or
using cones to promote improved traffic circulation outside of the drive-thru lane), and (b) at
City's request, Developer shall meet and confer with the City staf f in good faith to agree upon an
overflow traffic plan for Developer's drive-thru operations. If the City reasonably determines,
based on substantial evidence, that, after the implementation of the above-referenced measures
and actions , (a) Developer's drive-thru operations are continuing to materially and adversely
affect traffic circulation outside of the Subject Property on a regular basis and (b) as a result a
material risk to vehicular and pedestrian safety along Highway 111 exists, then City and
Developer shall work with each other in good faith and use commercially reasonable efforts to
obtain the requisite consent from all necessary third parties to perform the Access Modification
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Work. If and when such third party consents and all legally required permits are obtained,
Developer shall perform the Access Modification Work.
Section 9. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any
ofthe following events:
(a) The expiration ofthe Term of this Agreement; or
(b) Entry of final judgment or issuance of a final order directing City to set aside,
withdraw, or abrogate City's approval of this Agreement or any material part of the Project
entitlements;
(c) The effective date of City 's election to terminate this Agreement in response to an
uncured default by Developer, pursuant to the terms of this Agreement; or
(d) The effective date of Developer's election to terminate this Agreement for any
reason.
In the event of a termination of this Agreement with respect to any portion of the Project
or Project Site, any then-existing rights and obligations of the parties with respect to such portion
of the Project or Project Site shall automatically terminate and be o f no further force, effec t or
operation. No termination of this Agreement with respect to any portion of the Project or Project
Site shall affect in any way the parties' rights and obligations hereunder with respect to any other
portion of the Project or Project Site. In no event shall the expiration or termination of this
Agreement result in any expiration or termination , without further action of City , of any
entitlement approval then in existence.
If City lawfully terminates this Agreement because of Developer's default, then City shall
retain any and all benefits, including without limitation any money, improvements, structures,
easements or dedications received by City pursuant to any term or condition of this Agreement.
Section 10. Cooperation by Developer
Developer shall, in a timely manner, provide City with all documents, applications, plans
and other information necessary for City to carry out its obligations under this Agreement and
cause its planners , engineers and other consultants to do the same . Developer also shall apply in
a timely manner for such other permits and approvals from other governmental or quasi-
governmental agencies having jurisdiction over the Project or Project Site as may be required for
the development or operation of the Project or Project Site , as contemplated by this Agreement.
For the avoidance of doubt, nothing in this Agreement shall be construed to require Developer to
open or operate a restaurant on the Project Site, and Developer shall have no obligations under
this Agreement if its lease for the Project Site terminates and Developer is not otherwise
continuing to operate its business on the Project Site .
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Section 11. Processing Fees
Notwithstand ing anything else herein, Developer shall pay all applicable filing and
processing fees pursuant to Section 17.36.050, "Fees" of Title 17 , "Zoning" of the Rancho
Mirage Municipal Code in the amounts set forth in the schedule of fees in effect at the time such
fees are due and payable during the land use entitlement review process .
Section 12. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees , Developer shall reimburse
City for the actual costs and expenses incurred by City for all services provided by City and its
consultants, including legal counsel, for review preparati.on and processing of this Agreement,
which are not factored in City's processing fees. Furthermore, to the extent that City, on behalf
of Developer, attempts to enter in to binding agreements with other entities in order to assure the
avai la bi lity of certain permits and approva ls or services necessary for development of the Project
or Project Site, as described in this Agreement, Developer shall reimburse City for all costs and
expenses incurred in connection with seeking and entering into any such agreements , subject to
Developer's prior consent to such costs and expenses, which con ent shall not be unreasonably
withheld. City shall notify Developer before it executes any such agreements and shall provide
Developer with an opportunity to review the same, and any fees , assessments or other amounts
payable by City pursuant to any such agreements described herein shall be borne by Developer
except where Developer has notified City in wr iting, prior to City entering into any such
agreement, that it does not desire for City to execute said agreement.
Section 13. Vested Rights and Applicable Rules, Regulations and Policies
(a) Except as otherwise provided in this Agreement, Developer shall have the vested
right to develop the Project and Project Site pursuant to the rules, regulations, and policies
governing the use , density , intensity , design , improvement, construction, and building and
occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this
Agreement (collectively, "Applic ab le Law"). In light of th e foregoing, City shall apply the
Applicable Law when considering any actions or decisions pertaining to both discretionary and
ministerial permits related to the Project and Project Site. It is the intent of City and Developer
that the vesting of development rights of Developer shall include the permitted land uses, density
and intensity of use of the Project Si te, timing or phasing of development , zoning, provisions for
reservation or dedication of land for public purposes , and the location and size of public
improvements and other tetms and conditions of development of the Project or Project Site as set
forth in the Project entitl ements and this Agreement.
(b) In accordance with Government Code Section 65866, nothing herein shall be
construed to limit City's authority to apply new rules, regulations and policies to the Project or
Project Site which do not conflict with the Applicab le Law, nor to limit City's police power to
implement, based upon appropr iate and adequate findings , specific emergency measures
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necessary to protect against real and actual threats to the health and safety of the general public.
(c) Notwithstanding anything to the contrary contained in this Agreement, City may
apply to the Project or Project Site , at any time during the term of this Agreement, the codes in
effect on the Effective Date , as set forth in Chapter 15.0 2, "Adopted California and Uni form
Codes ," unless otherwise required by applicable state or federal laws or regulations.
(d) As provided in California Government Code Section 65869.5, this Agreement
shall not preclude the application to the Project or Project Site of changes in laws , regulations ,
plans or policies, to the extent that such changes are specifically mandated and required by
changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes in
the Law prevent or preclude compliance with one or more of the provisions of this Agreement,
such provisions of this Agreement shall be modified or suspended, or performance thereof
delayed, as may be necessary to comply with the Changes in the Law, and City and Developer
shall take such action as may be required pursuant to this Agreement.
Section 14. Revisions
Developer initiated rev i sions to the entitlements related to the Project or Project Site shall
not require an amendment to this Agreement, provided that City finds and determines that the
proposed change or modification is consistent with the development standards and guidelines set
forth in this Agreement and Applicable Laws.
Section 15. Existing Exactions
Nothing set forth in this Agreement shall constitute a waiver of Developer's obligation to
pay or be subject to any other existing fees, exactions, in-lieu fees or payments, dedication or
reservation requirements , obligations for on-site or off-site improvements , construction
requirements fo r public improvements, facilities, or services required of the Project or Project
Site under the Applicable Law, whether such requirements constitute subdivision improvements,
mitigation, or impositions made under any applicable ordinance or other applicable regulation.
Section 16. Community Facilities District No. 1
Developer acknowledges the existence of Community Facilities District No. 1 ("CFD No.
1 ") which was created pursuant to the Mello-Roos Community Facilities Act , as set forth in
Govemment Code Sections 53311 et seq . ("Mello-Roos CFD Act") for the purpose of funding
certain public safety services.
Section 17. Nexus/Reasonable Relationship Challenges
Developer consents to , and waives any rights it may hav e now or in the future to
challenge the legal validity of, the conditions or requirements set forth in this Agreement
including, without limitation, any claim that they constitute an abuse of the police power, violate
I OB\55 627 \2 165344 .2 9
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substantive due process, deny equal protection of the laws, effect a taking of property without
payment of just compensation, or impose an unlawful tax. Developer reserves the right,
however , to challenge in court any future fee, exaction, or other City Law that would , in
Developer's opinion, conflict with Applicab le Law (including this Agreement) or reduce the
development rights provided by this Agreement.
Section 18. Covenants Binding
All of the terms, provisions, and obligations contained in this Agreement shall be binding
upon the City and Developer. Notwithstanding anything set forth in this Agreement to the
contrary, during the term hereof, the Project and Project Site shall be subject to this Agreement,
and any development of any portion of the Project ·and Project Site shall be subject to and in
accordance with the terms of this Agreement.
Section 19. Civil Code Section 1542 Waiver
Developer hereby waives any and all rights Developer or its successors and assigns may
have under Article XIIIC or Article XIIID of the California Constitution and any and all rights
Developer of its successors and assigns may have under any other app licable law to contest the
fees, exactions and assessments and/or their amounts payable to City under this Agreement
(collectively, the "Released Claims") as follows:
In furth erance of the intentions of the parties to this Agreement, Developer with and
under advice of counsel, hereby express ly waives any and all right and benefit with
respect to the Released Claims conferred upon Developer by the provisions of Civil Code
Section 1542, which provides as follows:
"A general release does not extend to claims which a creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
Developer further expressly waiv es any and all rights and benefits with respect to the
Released Claims conferred upon Developer by any provision of any other state, federal or
local statute, code , ordinance or law similar to Section 1542 of the Civil Code.
Developer expressly consents that the waiver of rights contained in the first paragraph
shall be given full force and effect, according to the express terms and provisions of the
instant waiver, to unknown and unsuspected claims, demands and causes of action , if
any, arising out of or relating to the Released Claims.
Initials:
Developer
INOB\55627\2165344 .2 10
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Section 20. Periodic Review
City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. City will review the extent of good faith compliance by
Developer with the terms of this Agreement annually commencing on the first anniversary of the
Effective Date of this Agreement.
(b) Notice. City shall notify Developer in writing of the date of review at least
thirty (30) days prior thereto.
(c) Cooperation. Developer agrees to reasonably cooperate with City's review
process.
(d) Failure to Conduct Review. City's fai lure to conduct an annua l review of this
Agreement shall not constitute a breach of this Agreement.
(e) Certificate of Compliance. If, at the conclusion of a periodic or special
review, Developer is found to be in compliance with this Agreement, City shall issue a
Certificate of Compliance ("Certificate") to Developer stating that after the most recent
periodic or special review and based upon the information known or made known to City
that: (i) this Agreement remains in effect and (ii) Developer is not in default. City shall not be
bound by a Certificate if a default existed at the time of the periodic or special review, but was
concealed from or otherwise not known to City, regardless of whether or not the Certificate is
relied upon by assignees or other transferees or Developer.
Section 21. Relationship of Parties
It is specifically understood and agreed by and among the parties hereto that the Project is
a private development and that neither party is acting as the agent of the other in any respect
hereunder. City and Developer also hereby renounce the existence of any form of joint venture or
partnership among them, and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making City and Developer joint venturers or partners.
Section 22. No Third Party Beneficiaries
The only parties to this Agreement are Developer and City. There are no third party
beneficiaries and this Agreement is not intended , and shall not be construed, to benefit, or be
enforceable by any other person whatsoever.
Section 23. Assignment of Rights
INOB\55627\2165344.2 II
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Developer shall have the right to assign its rights and obligations under this Agreement ,
by giving prior written notice to City , to any entity in which Developer, or its principal
shareholders, retain a majority ownership interest so long as such assignee expressly assumes the
obligations of Developer hereunder. Otherwise, Developer may not assign all or any portion of
its rights hereunder nor delegate all or any portion of its duties and obligations hereunder without
the prior written consent of City , which consent shall not be unreasonably withheld.
Section 24. Singular and Plural; Gender; and Person
Except where the context requires otherwise , the singular of any word shall include the
plural and vice versa; pronouns inferring the masculine gender shall include the feminine gender
and neuter, and vice versa; and a reference to "person" shall include, in addition to a natural
person, any governmental entity and any partnership, corporation , joint venture or any other form
of business entity.
Section 25. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition
hereof.
Section 26. Waiver
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 an Event
of Default as defined in this Agreement. 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 and specific performance by the other party in the
future. In addition , no express written waiver of any Event of Default shall affect any other Event
of Default, or cover any period of time other than as specified in such express waiver.
Section 27. Amendments
This Agreement may be amended from time to time by mutual consent of the original
parties or their successors in interest, with City's costs payable by amendment applicants, in
accordance with the provisions of Government Code Sections 65867 and 65868 and City's
adopted procedures and requirements for the consideration of amendments to development
agreements. Minor revisions , as described above , shall not require an amendment to this
Agreement.
Section 28. Ambiguities or Uncertainties
The parties hereto have mutually negotiated the terms and conditions of this Agreement
and each party received independent legal advice from its attorneys with respect to the
advisability of executing this Agreement and the meaning of the provisions contained herein. As
INOB\5 5627\2!65 344 .2 12
such, this Agreement is a product of the joint drafting efforts of both parties and neither party
shall be deemed to have solely or independently prepared or framed th is Agreement. Therefore,
any ambiguities or uncertainties are not to be construed against or in favor of either party .
Section 29. Hold Harmless
Developer hereby agrees to, and shall defend , indemnify and hold harmless City , city
council, commissions, boards, subcommittees and City's elected and appointed officials,
commissioners , board members , officers, agents, consultants and employe es ("City Parties")
from , any and all claims, costs and liability . for any damages, personal injury or death, which
may arise, directly or indirectly, from Developer's or Developer's officers', agents', consultants ',
employees', contractors' or subcontractors' negligent , willful or reckless conduct performed
under this Agreement.
Section 30. Indemnification
Developer shall defend, indemnify and hold harmless City, city council, commissions,
boards, subcommittees and City's elected and appointed officials, commissioners, board
members , officers, agents, consultants and employees ("City Parties") from and against any and
all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto
(including costs of defense, settlement and reasonable attorneys' fees), which any or all of them
may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge
to the legality , validity or adequacy of any of the following items: (i) this Agreement and the
concurrent and subsequent permits, licenses and entitlements approved by City; (ii) any
environmental determination made by City in connection with the Project, Project Site or this
Agreement; and (iii) any proceedings or other actions undertaken by City in connection with the
adoption or approval of any of the above. In the event of any administrative , legal, equitable
action or other proceeding instituted by any third party (including without limitation a
governmental entity or official) challenging the legality , validity or adequacy of any of the above
items or any portion thereof, the Parties shall mutually cooperate with each other in defen se of
said action or proceeding. Notwithstanding the above, City , at its sole option, may tender the
complete defense of any third party challenge as described herein. In the event City elects to
contract with special counsel to provide for such a defense, City shall meet and confer with
Developer regarding the selection of counsel, and Developer shall pay all costs related to
retention of such counsel by City.
Section 31. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay , Developer
and City shall be excused for performance of their obligations hereunder during any period of
delay caused by acts of God or civil commotion; major acts of terrorism occun·ing in the nited
States of America ; mass shootings; riots , strikes, picketing , or other labor disputes; shortage of
materials or supplies; 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; restrictions imposed
r OB\55627\2165344 .2 I 3
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or mandated by governmental or qua si-governmental entities; and/or enactment of conflicting
provisions of the Constitution , laws of the United States of America, the State of California, or
any codes, statutes , regulations or executive mandates promulgated thereunder. If written notice
of such delay is given to either party within thirty (30) days of the commencement of such delay ,
an extension of time for such cause shall be granted in writing for the period of the delay or
lo nger as may be mutually agreed upon.
Section 32. Events of Default
A default under this Agreement shall be deemed to have occurred upon the happening of
one or more of the following events or conditions: (i) a warranty, representation , or statement
made or furnished by Developer expressly in th is Agreement to City or by City to Developer is
fa lse or proves to have been false in any material respect when it was made , or (ii) a finding by
City made following a periodic review of the Agreement under the procedure provided in this
Agreement, based on substantial evidence, that Developer has not complied in good faith with
one or more of the terms or conditions of this Agreement, or (iii) Developer's failure to perform
any of its material obligations under this Agreement (each an "Event of Default"). Upon the
occurrence of an Event of Default by Developer or City , the non -defaulting party shall provide
the other party thirty (30) calendar days written notice specifying the nature of the alleged
default and the manner in which said default may be satisfactorily cured ("Notice of Default").
Subject to any extensions of time by mutual consent of the parties in writing, and subject to the
provisions of Secti.on 31 of this Agreement, the failure or unreasonable delay by either party to
perform any material term or provision of this Agreement for a period of thirty (30) days after
the dispatch of a written notice of default from the other party shall constitute a default under this
Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within
such thirty (30) calendar day period, the commencement of the cure within such time period and
the diligent prosecution to completion of the cure shall be deemed 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 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 an Event of Default, 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 whether any further building permits shall be issued with respect to the Project Site.
Section 33. Reserved
Section 34. No Ministerial Permits upon Developer Default
No ministerial permits , such as but not limited to building permits and grading permits ,
shall be issued not shall any applications for such ministerial permits be accepted for any
structure or improvement for the Project or on the Project Site during the course of any default
proceedings init iated by City until after it has been determined Developer is not in default or
until such default is cured by Developer or is waived by City.
INOB\55627\21.65344 .2 14
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Section 35. Applicable Law
This Agreement shaH be construed and enforced in accordance with the laws of the State
of California.
Section 36. Venue
In the event that suit is brought by either party to th is Agreement, the parties agree that
venue shall be exclusively vested in the State courts of the County of Riverside, California or
where appropriate , in the United States District Court, Southern District of California, Riverside ,
California.
Section 37. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary , the parties acknow ledge
that neither would have entered into this Agreement had either been exposed to damage claims
for any breach hereof. As such, the parties agree that in no event shall either party be entitled to
recover monetary damages of any kind whatsoever (other than the recovery of costs and
attorney's fees pursuant to the terms of this Agreement or applicable law) against the other for
breach of this Agreement.
Section 38. Legal Action; Attorneys' Fees
Either party may, in addition to any other rights or remedies, institute legal action to
cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any
threatened or attempted violation hereof, or enforce by specific performance the obligations and
rights of the parties hereto. The prevailing party in any such action shall be entitled to its
reasonable attorneys' fees and costs to be paid by the losing party.
Section 39. Notices
Any notice or communication required hereunder among City and Developer shall be in
writing, and may be given either personally or by registered mail, return-receipt requested.
Notice, whether given by registered mail or personal delivery, shall be deemed to have been
given and received on the actual receipt by any of the addresses designated below as the party to
whom notices are to be sent. Any party hereto may at any time, upon written notice to the other
party hereto , designate any other address in substitution of the address to which such notice or
communication shall be given. Such notices or communications shall be given to the parties at
their addresses set forth below:
To City:
City of Rancho Mirage
69-825 Highway 111
IN OB\5 5627\2 1 65344.2 15
l Rancho Mirage, CA 92270
Attention: Development Services Director
To Developer:
In-N-Out Burgers
13502 Hamburger Lane
Baldwin Park , CA 91706
Attention : Real Estate Department and Andy Dawson
**Telephone No.: 626-813 -8263
Fax No: 626-338-9173
Fo r Overnight (FEDEX) Deliveries Only:
In-N-Out Burgers
13752 Francisquito A venue
Baldwin Park, CA 91706
Attention: Real Estate Department and Andy Dawson
**Telephone No.: 626-813-8263
Fax No: 626 -338-9173
**Telephone numbers provided for convenience only or as required for overnight
de liv ery serv ice. No notice given only by telephone shall be effective hereunder.
Section 40. Consistency of Entitlements with Agreement
The parties hereto acknowledge that it is their intention that all terms, conditions and
obligations of any and all entitlements related to the Project Site and/or Project, or arising from
this Agreement shall be consistent with, or at minimum, shall not conflict with , the terms,
provisions and obligations of this Agreement.
Section 41. Reserved
Section 42. Partial Invalidity Due to Governmental Action
In the event state or federal laws or regulations enacted after the effective date of this
Agreement, or formal action of any governmental entity other than City , prevent compliance
with one or more provisions of thi s Agreement, or require changes in plans, maps or permits
approv d by City , the parties agree that the provisions of this Agreement shall be modified,
extended or suspended only to the minimum extent necessary to comply with such laws or
regulations.
Section 43. Further Actions and Instruments
INOB\55627\2 165344 .2 16
The parties agree to provide reasonable assistance to the other and cooperate to carry out
the .intent and fulfill the provisions of this Agreement. Eac h ofthe parties shall promptly execute
and deliver all documents and perform all acts as necessary to can-y out the matters contemplated
by this Agreement.
Section 44. Entire Agreement
This Agreement and the exhibits attached 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 attached hereto , any prior correspondence,
memoranda, warranties, representations and agreements unless otherwise provided in this
Agreement, are superseded in total by this Agreement and the exhibits attached hereto.
Section 45. Severability
If any term, provlSlon, covenant or condition of this Agreement i s repealed by
referendum or is held by a court of competent jurisdiction or an authorized government
enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of this
Agreement shall continue in full force and effect, unless enforcement of this Agreement as so
invalidated would be unreasonable or grossly inequitable under all the circumstances or would
frustrate the purposes of this Agreement.
Section 46. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Developer and City warrant
and represent that they have the authority to execute this Agreement and the authority to bind
Developer and City, as applicable, to the performance of their respective obligations hereunder.
Section 47. Counterparts
This Agreement may be executed in duplicate counterpart originals , each of which is
deemed to be an original, and all of which when taken together shall constitute one and the same
instrument.
Section 48. Recordation
In order to comply with Section 65868.5 of the Development Agreement Statute, the
parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the
Riverside County Recorder's Office within ten (I 0) days after the Enacting Ordinance takes
effect.
[Signatures on next page]
INOB\55627\2165344 .2 17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the dates written above.
CITY OF RANCHO MIRAGE DEVELOPER
APPROVED: APPROVED:
By: IN-N-OUT BURGERS, a California corporation
Iris Smotrich, Mayor
*By:
Carl Arena
Vice President of Real Estate
ATTEST:
*Signatures must be notarized.
By:
Kristie Ramos, City C lerk APPROVED AS TO FORM:
APPROVED AS TO FORM: By:
Legal Counse l
By:
Steven B. Quintanilla, City Attorney
INOB\55627\2165344 .2 18
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EXHIBIT "A"
PROPERTY DESCRIPTION
The Land refen·ed to herein below is situated in the City of Rancho Mirage, County of Riverside,
State of California, and is described as follows:
PARCEL 1:
PARCEL CAS SHOWN ON LOT LINE ADJUSTMENT NO. 14-04, AS EVIDENCED BY
DOCUMENT RECORDED JANUARY 23,2015 AS INSTRUMENT NO. 2015-0030256, OF
OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, BEING LOT 19 OF TRACT NO . 14447 AS PER MAP FILED IN BOOK 109,
PAGES 60 THROUGH 63 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH A PORTION OF PARCEL C OF LOT LINE
ADJUSTMENT 14-03 RECORDED JAN UARY 23,2015 AS INS TRUMENT NO. 2015-
0030254, AND A PORTION OF PARCEL A OF PARCEL MERGER 14-09 RECORDED
JANUARY 22,2015 AS INSTRUMENT NO. 2015-0027596, BOTH OFFICIAL RECORDS
OF SAID COUNTY, LYING SOUTHEASTERLY, WESTERLY AND SOUTHERLY OF THE
FOLLOWING D SCRIBED LINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF STATE HIGHWAY 111 AND
BOB HOPE DRIVE AS SHOWN ON SAID TRACT MAP; THENCE, ALONG THE
CENTERLINE OF SAID STATE HIGHWAY 11 1, SOUTH 31 °07'36'' EAST, 398 .59 FEET;
THENCE, LEAVING SAID CENTERLINE, NORTH 58°52'24" EAST, 64.00 F ET TO THE
TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH EASTERLY LINE
OF SAID STATE HlGHW A Y Ill SHOWN AS HAVING A HALF WIDTH OF 64.00 FEET
ON SAID TRACT;
THENCE, LEAVING SAID NORTHEASTERLY LINE THE FOLLOWING COURSES:
1. NORTH 57 °42'29" EAST, 104.79 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 385.00 FEET;
2. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°22'38" AN
ARC LENGTH OF 170.52 FEET;
3. SOUTH 08°52'11" EAST, 33.90 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 354 .00 FEET, A RADIAL
LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 08°51'30" EAST;
4. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 °25'48" AN
ARC LENGTH OF 64.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE W STERL Y, HAVING A RADIUS OF 400.00 FEET, A RADIAL LINE FROM
I NOB\55627\2 16 5344 .2 19
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SAID B EGINN ING OF CURVE BEARS SOUTH 73 °15'46" WEST;
5. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °39'24" AN
ARC LENGTH OF 81.38 FEET;
6. SOUTH 05°04'50" EAST, 30.20 FEET;
7. SOUTH 00°55'10" EAST, 32.02 FEET TO THE SOUTHERLY LINE OF SAID PARCEL C.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL C OF LOT LIN
ADJUSTMENT NO. 14-02 RECORDED JANUARY 23,2015 AS INSTRUMENT NO. 2015-
0028941, OF OFFICIAL R EC ORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL C OF L OT LINE
ADJUSTMENT NO. 14-03 RECORDED JANUARY 23,2015 AS INSTRUM TNO. 2015-
0030253, OF OFFICIAL R EC ORDS .
TOG ·THER WITH THAT VACATED PORTION OF MAGNESIA FALLS DRIVE,
PURSUANT TO THAT CERTAIN DOCUMENT ENTITLED "RESOLUTION NO. 2018-01 ",
RECORDED NOVEMBER 05,2018 AS INSTRUM NTNO. 2018-0434942 OF OFFICIAL
RECORDS.
PARCEL 2:
EASEMENT RIGHTS AS SET F ORTH IN THE DOCUMENT ENTITLED
"CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT-
SHOPPING CENTER" RECORDED SEPTEMBER 26 , 1980 AS INSTRUMENT NO. 176445
OF OFFICIAL RECO RDS , AS MODIFIED BY THOSE DOCUMENTS DECLARING
MODIFICATIONS THEREOF RECORDED JULY 13 ,1981 AS INSTRUMENT NO. 131091,
AND THAT "GRANT OF EASEMENT AND RESOLUTION" REC ORDED AUGUST 09 ,
1994 AS INSTRUMENT NO. 312126, BOTH OF OFFICIAL RECORDS.
PARCEL 3:
RIGHTS AND EASEMENTS, APPURTENANT TO LOTS 6 THROUGH 22, INCLUSIVE OF
TRACT 14447 , AS PER MAP RECORDED IN BOOK 109 OF TRACT MAPS , PAGES 60
THROUGH 63, INCLUSIVE, IN THE OFFICE OF TH E COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA, AS CONTAINED IN T E "ROADWAY , PARKING
AND EASEMENT AGREEMENT", RECORDED SEPTEMBER 26, 1980 AS INSTRUMEN1
NO. 176449 OF OFFICIAL RECORDS, RIVERSIDE COUNTY, CALIFORNIA.
For conveyancing purposes only: APN 682-320-033-3
INOB\55627\2165344.2 20
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EXHIBIT "B"
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do
hereby certify under penalty of perjury, that the foregoing Ordinance No. 1158 was
introduced by first reading at a regular meeting of the City Council held on October
3, 2019, by the following vote:
AYES :
NOES :
ABSENT:
ABSTAIN:
RECUSED:
Kite, Smotrich , Townsend, Weill.
None .
None.
None .
Hobart.
Ordinance No. 1158 was adopted at an adjourned regular meeting
of the City Council held on October 21 , 2019 , by the following vote :
AYES:
NOES :
ABSENT:
ABSTAIN:
RECUSED :
Kite, Smotrich, Townsend, Weill.
None .
None.
None .
Hobart.
I further certify that I have caused Ordinance No . 1158 to be posted
and/or published, as required by law (GC Sect. 36933).
Kristie Ramos
City Clerk