HomeMy Public PortalAboutOrd 1176ORDINANCE NO. 1176
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, City 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 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, 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 Interstate 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, 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 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 in
exchange for assurances that City cannot otherwise unilaterally impose as conditions of
approval of the project outside the context of a negotiated development agreement; and
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WHEREAS, the Agreement will eliminate uncertainty in planning for and secure
orderly development 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 the
Agreement is appropriate under the Development Agreement Statute and Chapter 17.56
of the Rancho Mirage Municipal 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 reliance
upon the various representations and warranties contained herein; and
WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act
CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully
described in the Agreement, has prepared an Environmental Impact Report and
determined that the Project will not cause significant impacts.
NOW THEREFORE, THE CITY COUNCIL OF THE CTIY OF RANCHO
MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully
set forth herein.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and
Between the City of Rancho Mirage 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 therein.
SECTION 3. CITY ATTORNEY REVIEW
That 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 constitutionally valid and 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 invalid 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 local branches of the Superior
Court of the County of Riverside.
SECTION 6. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (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 (10) 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on January 21, 2021, by the following vote:
Ayes:
Noes:
Abstain
Absent:
ATTEST:
Kite, Smotrich, Townsend, Weill.
None.
Hobart.
None.
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
iwr Steven B. Quintanilla, City Attorney
L` t Weuv r - tic, ai peVU y 5
CITY
OF RANCHO MIRAGE: Ted
Weill, Mayor Pro Tem
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
WHEN RECORDED MAIL TO:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270
Attention: City Clerk
APN: 682-320-033
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
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
2020, by and between CITY OF RANCHO MIRAGE, 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 Code and Chapter 17.56, "Development 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 1.52 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 ofland
located at the southeast corner of Highway I I I I and Bob Hope Drive at 42560 Bob Hope Drive,
bordered on the eastside by Magnesia Falls Drive in the City of Rancho Mirage (See Exhibit 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 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 Interstate 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
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official amendment to the Project's approved entitlements but subject to the terms of 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 in planning for and secure orderly
development 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
CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described
in the Agreement, has prepared an Environmental Impact Report and determined that the Project
will not cause significant impacts.
1NOB\55627\2165344 2 9
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 Parties agree as follows:
AGREEMENT:
Section 1. Incorporation of lecitals 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. Pro ject
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 of vacant 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 17.10.012, "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, 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" ofTitle 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" of Title 17, "Zoning."
Section 5. Project Site
The "Project Site" is the same as the "Subject Property," which consists of a parcel ofland
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
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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
I I I I 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 AmcndMfnt
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 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-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 Zoning Text Amendment to
amend the text of Table 2-4, "Allowable 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)
applicable 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
Upon approval of the Zoning Text Amendment contemplated by this Agreement,
Developer shall (if such has already 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
application in an expeditious manner pursuant to Chapter 17.48, "Conditional Use Permits,"
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 shall use commercially reasonable efforts to implement traffic congestion
control measures consistent with Developer's practices at the majority of its other locations in
INOB\55627\2165344.2 11
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 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 I I I 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 required
permits are obtained, Developer shall perform the Access Modification Work.
Section 8. Preliminary Development Plan Permit
Upon approval ofthe 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 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 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 I I I 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 Work. If and when
such third party consents and all legally required permits are obtained, Developer shall perform
the Access Modification Work.
Section 9. •rmin tia
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This Agreement shall be terminated and of no further effect upon the occurrence of any of
the following events:
a) The expiration of the 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 of no further force, effect 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.
Section 11. ProcessingFees
Notwithstanding 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 Coo Reiinburscment
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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, preparation and processing of this Agreement,
which are not factored in City's processing fees. Furthermore, to the extent that City, on behalfof
Developer, attempts to enter into binding agreements with other entities in order to assure the
availability of certain permits and approvals 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 consent 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 writing, prior to City entering into any such
agreement, that it does not desire for City to execute said agreement.
Section 13. WOW Ri kits and AV12lica.121y RUIR. 1, 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, "Applicable Law"). In light of the 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 Site, 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 terms and conditions of development of the Project or Project Site as set
forth in the Project entitlements 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 Applicable Law, nor to limit City's police power to
implement, based upon appropriate and adequate findings, specific emergency measures 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 15.02, "Adopted California and Uniform
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
INOB\55627\2165344 2 14
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 revisions 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 for 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. Corninunity Facilities District No. I
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
Government Code Sections 53311 et seq. ("Mello -Roos CFD Act") for the purpose of funding
certain public safety services.
Section 17. Nexns/Reasonable Relationship Ch llen es
Developer consents to, and waives any rights it may have 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 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
Applicable Law (including this Agreement) or reduce the development rights provided by this
Agreement.
Section 18. Covenantsnants Rindin r
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
NOB\55627\2165344 2 15
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 ofthis 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 applicable 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 furtherance of the intentions of the parties to this Agreement, Developer with and under
advice of counsel, hereby expressly 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 waives 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
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.
INOB\55627\2165344 2 16
c) Cooperation. Developer agrees to reasonably cooperate with City's review
process.
d) Failure to Conduct Review. City's failure to conduct an annual 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. 12elationship 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 ofjoint 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 Beneticiarics
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. A sioj'Hights
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, Lender. an¢ !trso
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,
INOB\55627\2165344.2 17
any governmental entity and any partnership, corporation, joint venture or any other form of
business entity.
hereof.
Section 25. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition
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. Anienc€ments
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. Ain-b 'es or Unccalain ies
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 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 this 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 employees ("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.
INOB\55627\2165344.2 18
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 defense 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. llclays 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 occurring in the United 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 or mandated by
governmental or quasi -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 ofthe delay, or longer 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 this Agreement to City or by City to Developer is false 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
NOB\55627\2165344 2 19
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 Section 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 PCrLBiJs.UgQH Dcycloper 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
initiated 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.
Section 35. Annligable Law
This Agreement shall 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 this 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. n Damages Relicf
Notwithstanding anything else in this Agreement to the contrary, the parties acknowledge
INOB\5562M I65344.2 20
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. Leffal Action: r ' 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
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
For Overnight (FEDEX) Deliveries Only:
In-N-Out Burgers
13752 Francisquito Avenue
INOB\5562MI65344.2 21
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
delivery service. No notice given only by telephone shall be effective hereunder.
Section 40. Consist -envy 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 this Agreement, or require changes in plans, maps or permits approved
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
The parties agree to provide reasonable assistance to the other and cooperate to carry out
the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute
and deliver all documents and perform all acts as necessary to carry out the matters contemplated
by this Agreement.
Section 44. I?ntire A: ce:t tr)t
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, provision, covenant or condition of this Agreement is 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
INOB\55627\2165344 2 22
unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of
this Agreement.
Section 46. Autliority 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 ofthe Development Agreement Statute, the parties
do hereby direct the City Clerk to cause a copy ofthis Agreement to be recorded with the Riverside
County Recorder's Office within ten (10) days after the Enacting Ordinance takes effect.
Signatures on next page]
INOB\55627\2165344.2 23
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the dates written above.
CITY OF RANCHO MIRAGE
APPROVED:
By:
ATTEST:
By:
Ted, Weill, Mayor Pro Tem
nrisLle Ramos, LiLy l,1erK
APPROVED AS TO FORM:
By:
aLeven b. 2u= aniiia, UiLy
Attorney
INOB\55627UI65344.2 24
DEVELOPER
APPROVED:
IN-N-OUT BURGERS, a California
corporation
By:
Carl Arena
Vice President of Real Estate
Signatures must be notarized.
APPROVED AS TO FORM:
By:
Legal Counsel
EXHIBIT "A"
PROPERTY DESCRIPTION
The Land referred 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 C AS 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 JANUARY 23, 2015 AS INSTRUMENT
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 DESCRIBED LINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF STATE HIGHWAY I I I AND
BOB HOPE DRIVE AS SHOWN ON SAID TRACT MAP; THENCE, ALONG THE
CENTERLINE OF SAID STATE HIGHWAY 111, SOUTH 31°07'36" EAST,
398.59 FEET; THENCE, LEAVING SAID CENTERLINE, NORTH 58°52'24" EAST,
64.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE
NORTHEASTERLY LINE OF SAID STATE HIGHWAY III 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 ATANGENT
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 385.00 FEET;
2. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLEOF 25022'38"
AN ARC LENGTH OF 170.52 FEET;
3. SOUTH 08052'11" 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 08051'30" EAST;
25
4. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10025,48"
AN ARC LENGTH OF 64.44 FEET TO THE BEGINNING OF A NON- TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 400.00 FEET, A RADIAL
LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 73015'46" WEST;
5. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11039124"
AN ARC LENGTH OF 81.38 FEET;
6. SOUTH 05004'50" EAST, 30.20 FEET;
7. SOUTH 00055' 10" EAST, 32.02 FEET TO THE SOUTHERLY LINE OF SAID PARCEL
C.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL C OF LOT LINE
ADJUSTMENT NO. 14-02 RECORDED JANUARY 23, 2015 AS INSTRUMENT NO.
2015-0028941, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL C OF LOT LINE
ADJUSTMENT NO. 14-03 RECORDED JANUARY 23, 2015 AS INSTRUMENT NO.
2015-0030253, OF OFFICIAL RECORDS.
TOGETHER WITH THAT VACATED PORTION OF MAGNESIA FALLS DRIVE,
PURSUANT TO THAT CERTAIN DOCUMENT ENTITLED "RESOLUTION NO. 2018-
01 ", RECORDED NOVEMBER 05, 2018 AS INSTRUMENT NO. 2018-0434942 OF
OFFICIAL RECORDS.
PARCEL 2:
EASEMENT RIGHTS AS SET FORTH IN THE DOCUMENT ENTITLED
CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT -
SHOPPING CENTER" RECORDED SEPTEMBER 26, 1980 AS INSTRUMENT NO.
176445 OF OFFICIAL RECORDS, AS MODIFIED BY THOSE DOCUMENTS
DECLARING MODIFICATIONS THEREOF RECORDED JULY 13, 1981 AS
INSTRUMENT NO. 131091, AND THAT "GRANT OF EASEMENT AND
RESOLUTION" RECORDED 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 THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA, AS CONTAINED IN THE "ROADWAY,
PARKING AND EASEMENT AGREEMENT", RECORDED
SEPTEMBER 26, 1980 AS INSTRUMENT NO. 176449 OF OFFICIAL RECORDS,
RIVERSIDE COUNTY, CALIFORNIA.
For conveyancing purposes only: APN 682-320-033-3
27
EXHIBIT "B"
NORTHERLY DRIVEWAY
SEE ATTACHED]
28
1
x
LLi
29
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. 1176 was introduced by
first reading at a regular meeting of the City Council held on January 7, 2021, by the
following vote:
AYES: Kite, Smotrich, Townsend, Weill -
NOES: None.
ABSENT:- None.
ABSTAIN, None.
RECUSED: Hobart
Ordinance No. 1176 was adopted at a regular meeting of the City Council held on
January 21, 2021, by the following vote:
AYES: Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: Hobart.
RECUSED: None.
I further certify that I have caused Ordinance No. 1176 to be posted and/or
published, as required by law (GC Sect. 36933).
Kristie Ramos
City Clerk
30