HomeMy Public PortalAboutOrd 1178ORDINANCE NO. 1178
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 PORCUPINE PROPERTIES,
LLC
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation
of the State of California; and
WHEREAS, Porcupine Properties, LLC, a California limited liability company
Developer"), is the owner of that certain real property in the City of Rancho Mirage,
County of Riverside, State of California, consisting of approximately 191 acres out of the
231-acre private estate commonly known as Porcupine Creek, which is more particularly
described in the "Description Of Property/Project Site" as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference ("Property" or "Project Site"); and
WHEREAS, the 191-acre Property is currently improved as a private residential
estate with a main house, guest casitas and villas, a golf course, clubhouse, tennis courts
and pavilion, pool, spa, fitness center and other and related improvements; and
WHEREAS, Developer intends to reposition the world -class private estate into a
six -star retreat with up to 50 studio, single bedroom, and multi -bedroom "keys," along with
upgraded amenities that include a new restaurant and dining deck, an upgraded spa
complex, a modified 18-hole golf course, and additional guest -serving amenities and
facilities to create an all-inclusive experience for retreat guests (collectively, the "Project"
or "Retreat"); 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 real 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 Section 17.56.010 of the Rancho Mirage Municipal Code,
the purpose of this Development Agreement is to provide assurances to the Developer
that the 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 the City will receive certain benefits the City cannot otherwise unilaterally
impose as conditions of approval of the Project outside the context of the negotiated
Development Agreement; and
WHEREAS, this Development Agreement will eliminate uncertainty in planning for
and secure orderly development of the Project Site and Project, assure progressive
installation of necessary improvements, and ensure attainment of the maximum effective
utilization of resources within the City at the least economic cost to its citizens, and
WHEREAS, based on the foregoing recitals, the City has determined that this
Development Agreement is appropriate under the Development Agreement Statute and
Chapter 17.56 of the Rancho Mirage Municipal Code; and
WHEREAS, this Development 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, Chapter 17.56 of the City's Municipal Code provides that the City
Council must approve a Development Agreement by ordinance; and
WHEREAS, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission, the Planning Commission adopted a Resolution recommending
that the City Council certify the Project's Environmental Impact Report ("EIR") and adopt
a Mitigation Monitoring and Reporting Program ("MMRP") for the Project, consistent with
the provisions of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines; and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the
City Council, the City Council adopted Resolution No. 2021-10 certifying an
Environmental Impact Report ("EIR") and adopting a Mitigation Monitoring and Reporting
Program ("MMRP") for the Project, reflecting the City Council's independent judgment
and analysis of the Project and its potential impacts on the environment, consistent with
the provisions of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines; and
WHEREAS, on April 6, 2021, a Notice of Determination ("NOD") regarding the
City's certification of the EIR was filed with the Office of the County Clerk of the County
of Riverside and posted for at least 30 days in the Office of the County Clerk; and
WHEREAS, on March 11, 2021, at a duly noticed public hearing conducted by the
Planning Commission adopted a Resolution recommending that the City Council
introduce and adopt an Ordinance approving Development Agreement Case No.
DA200001; introduce and adopt an ordinance approving General Plan Zoning Map
Amendment Case No. GPZMA20002; introduce and adopt an ordinance approving
Specific Plan No. SPA200002; and adopt a resolution approving Preliminary
Development Plan Case No. PDP20-0006 for the Project (collectively, the "Project
Entitlements"); and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the
City Council, the City Council introduced this Ordinance No. 1178, approving
Development Agreement Case No. DA200001; introduced Ordinance No. 1179,
approving General Plan Zoning Map Amendment Case No. GPZMA20002; introduced
Ordinance No. 1180, approving Specific Plan No. SPA200002; and adopted Resolution
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No. 2021-11, approving Preliminary Development Plan Case No. PDP20-0006 for the
Project (collectively, the "Project Entitlements"); and
WHEREAS, all public meetings related to the proposed Development Agreement
and its review under CEQA and the CEQA Guidelines were properly noticed and
conducted in compliance with the Governor's Executive Order N-29-20 which was
adopted due to the COVID-19 Pandemic State of Emergency.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY 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 Statutory Development Agreement by
and between the City of Rancho Mirage and Porcupine Properties, LLC ("Development
Agreement"), a copy of which is attached hereto and incorporated herein by this reference
as Exhibit "B," subject to the terms and conditions stated therein.
SECTION 3. CEQA COMPLIANCE
That at a duly noticed public hearing conducted by the City Council, the City
Council approved Resolution No. 2021-10, certifying an Environmental Impact Report
EIR") and adopting a Mitigation Monitoring and Reporting Program ("MMRP") for the
Project, reflecting the City Council's independent judgment and analysis of the Project
and its potential impacts on the environment, consistent with the provisions of the
California Environmental Quality Act ("CEQA") and the CEQA Guidelines.
SECTION 4. 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 5. 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.
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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. 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 9. 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 April 15, 2021, by the following vote:
Ayes: Hobart, Kite, Townsend, Weill.
Noes: Smotrich.
Abstain: None.
Absent: None.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
For Steven B. Quintanilla, City Attorney
iS 'OeNt-'( pou-"
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CITY OF RANCHO MIRAGE:
Ted Weill, Mayor
A:IWkdv-lu
DESCRIPTION OF PROPERTY/PROJECT SITE
SEE ATTACHED]
EXHIBIT A
Project Description: To create a specific plan to occupy approximately 191-acre of the
230-acre Porcupine Creek Estate. The Specific Plan will allow for the development of the
existing Porcupine Creek property as an exclusive retreat. The project proposes to
reposition Porcupine Creek as an exclusive retreat with a total of up to 50 studio, single -
bedroom, and multi -bedroom units ("keys"). Proposed upgrades would include up to 27
new keys, and incorporate a modified main house, a new restaurant, dining deck,
upgraded spa complex, additional retreat related facilities, and a rerouted 18-hole golf
course.
Location: APNs: 684-270-033 [Legal Description: 28.85 ACRES M/L IN POR E 1/2 OF
SEC 14 T5S R5E], 684-270- 036[ Legal Description: 3.71 ACRES M/L IN POR NW 1/4
OF SEC 13 T5S R5E], 684-270-043 [Legal Description:72.99 ACRES M/L IN POR LOT
A MB 047/048 TR 2530 AND POR W 1/2 OF SEC 13 T5S R5E], 684-270-044[Legal
Description: 125.18 ACRES M/L IN POR W 1/2 OF SEC 13 T5S R5E] (Existing Porcupine
Creek Property 42765 Dunes View Rd, Rancho Mirage)
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EXHIBIT "B"
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF RANCHO MIRAGE,
AND
PORCUPINE PROPERTIES, LLC
SEE ATTACHED]
RECORDING REQUESTED BY:
City of Rancho Mirage
WHEN RECORDED MAIL TO:
City of Rancho Mirage
69-825 Highway I I I
Rancho Mirage, California 92270
Attention: City Clerk
APNs:
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
THE CITY OF RANCHO MIRAGE,
AND
PORCUPINE PROPERTIES, LLC
This Statutory Development Agreement ("Agreement") is entered into this day of
by and among the CITY OF RANCHO MIRAGE, a municipal corporation
located in the County of Riverside, State of California ("City"), and PORCUPINE
PROPERTIES, LLC, a California limited liability company ("Developer"), pursuant to the
authority of Sections 65864 et seq. of the California Government Code and Chapter 17.56 of the
Rancho Mirage Municipal Code.
RECITALS:
WHEREAS, the City is a charter city and a political subdivision of the State of
California; and
WHEREAS, Developer is the owner of that certain real property in the City of Rancho
Mirage, County of Riverside, State of California, consisting of approximately 191 acres out of
the 231-acre private estate commonly known as Porcupine Creek, which is more particularly
described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"
se
or "Project Site"); and
WHEREAS, the 191-acre Property is currently improved as a private residential estate
with a main house, guest casitas and villas, a golf course, clubhouse, tennis courts and pavilion,
pool, spa, fitness center and other and related improvements; and
WHEREAS, Developer intends to reposition the world -class private estate into a six -star
retreat with up to 50 studio, single bedroom, and multi -bedroom "keys," along with upgraded
amenities that include a new restaurant and dining deck, an upgraded spa complex, a modified
18-hole golf course, and additional guest -serving amenities and facilities to create an all-
inclusive experience for retreat guests (collectively, the "Project" or "Retreat"); and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the City
Council, the City Council approved Resolution No. 2021-10, certifying an Environmental Impact
Report ("EIR") and adopting a mitigation monitoring and reporting program ("MMRP") for the
Project, reflecting the City Council's independent judgment and analysis of the Project and its
potential impacts on the environment, consistent with the provisions of the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines; and
WHEREAS, on April 6, 2021, a Notice of Determination ("NOD") regarding the City's
certification of the EIR was filed with the State's Office of Planning and Research and the Office
of the County Clerk of the County of Riverside and posted for at least 30 days in the Office of
the County Clerk; and
WHEREAS, no complaints, lawsuits, claims or petitions have been filed against the City
on or before (within the requisite 30-day period), or anytime thereafter,
challenging the City Council's certification of the EIR and approval of the Project Entitlements
as defined below); and
WHEREAS, on April 1, 2021, at a duly noticed public hearing conducted by the City
Council, the City Council introduced this Ordinance No. 1178, approving Development
Agreement Case No. DA200001; introduced Ordinance No. 1179, approving General Plan
Zoning Map Amendment Case No. GPZMA20002; introduced Ordinance No. 1180, approving
Specific Plan No. SPA200002; and adopted Resolution No. 2021-11, approving Preliminary
Development Plan Case No. PDP20-0006 for the Project (collectively, the "Project
Entitlements"); 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 Section 17.56.010 of the Rancho Mirage Municipal Code, a
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development agreement is intended to provide assurances to the 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 the City will receive
certain benefits the City cannot otherwise unilaterally impose as 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 Project Site and Project (as specifically described in this Agreement
below), assure progressive installation of necessary improvements, and ensure attainment of the
maximum effective utilization of resources within the City at the least economic cost to its
citizens; and
WHEREAS, based on the foregoing recitals, the 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.
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 Recitals
The foregoing recitals 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"); provided, however, that if a City-
wide referendum election is called and the Enacting Ordinance is repealed, this Agreement shall
be null and void as of the date of the final declaration by the City Council of the repeal of the
Enacting Ordinance.
Section 3. Project Site
The "Project Site" consists of approximately 191 acres out of the existing 231-acre
private estate commonly known as the Porcupine Creek Estate located at 42765 Dunes View
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Road (as more particularly described in Exhibit "A"), upon which the Project will be developed
in accordance with this Agreement. The portion of the private estate that is not included within
the Project Site consists of protected mountainous lands in the southern most portions of the
private estate that will be excluded from the Specific Plan pursuant to a proposed lot line
adjustment.
Section 4. The Project
The "Project," which is commonly known as "The Porcupine Creek Retreat," proposes to
reposition Porcupine Creek as an exclusive, world -class retreat with a total of up to 50 studio,
one bedroom and multi -bedroom "keys." Proposed upgrades would include a modified main
house, a new restaurant and dining deck, an upgraded spa complex, additional casitas and villas,
upgraded and additional wellness and retreat related amenities and facilities, and a rerouted 18-
hole golf course.
Section 5. Purpose
The purpose of this Agreement is to provide the Developer with the vested right to
develop and operate the Project consistent with the Project Entitlements, the applicable
conditions of approval adopted by the City Council, and the mitigation measures set forth in the
EIR, and to secure for the City the public benefits of the Project.
Section 6. Term
The parties agree that the Term of this Agreement shall be twenty-five (25) years,
commencing on the Effective Date, subject to any extension and early termination provisions
described in this Agreement.
Section 7. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any
of the following events:
a) Expiration of the twenty-five (25) year term;
b) Entry of final judgment or issuance of a final order by a court of competent
jurisdiction over the Project or Project Site directing the City to set aside, withdraw, or abrogate
the City's approval of this Agreement or any material component of the Project Entitlements; or
c) The effective date of a parry's election to terminate the Agreement in response to
an uncured default by the other party, pursuant to the terms of this Agreement.
In the event of a termination of this Agreement with respect to any portion of the Project
or Project Site, all 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.
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In no event shall the termination or expiration of this Agreement result in the automatic
termination or expiration of any duly approved or issued Project Entitlement and its related
approvals, such as but not limited to, any permits, certificates of occupancy, final inspections
and/or licenses or any development right or entitlement, vested or otherwise, duly approved or
issued by the City, without further action of City as may be required by this Agreement or any
applicable rule, regulation, procedure or law.
Section 8. Cooperation by Developer
Developer shall, in a timely manner, provide the City with all documents, applications,
plans and other information necessary for the City to carry out its obligations under this
Agreement and cause its planners, engineers and consultants to do the same. Developer also
shall be responsible to apply for such other permits and approvals from other governmental or
quasi -governmental agencies having jurisdiction over the Project Site and/or Project as may be
required for the development of, or provision of services to, the Project Site and/or Project, as
contemplated by this Agreement.
Section 9. General Plan Zoning Map Amendment Case No. GPZMA
GPZMA20002
The Project Entitlements include General Plan Zoning Map Amendment Case No.
GPZMA20002, which changes the existing zoning and General Plan Land Use Designation of
the Project Site from a combination of R-L-2 (Very Low Density-2 dwelling units per acre
maximum), OS-PV (Private Open Space), and OS-W (Floodways and Drainage Channels), to SP
Specific Plan) with an underlying zoning designation of Rs-H (Resort Hotel). The City Council
has found and determined that approval of the General Plan Zoning Map Amendment is in the
public interest and will generate significant public benefits in that it will allow for the beneficial
use of the Project Site in a manner that (1) will allow for the repurposing of the private estate
into an exclusive, world -class retreat, and (2) will generate substantial Transit Occupancy Tax
TOT") revenue to enhance the City's long-term ability to provide public service to its
residents, businesses and visitors. The City further finds approval of General Plan Zoning Map
Amendment Case No. , will be consistent with the goals, objectives and policies of the
City's General Plan; would not be detrimental to the public interest, health, safety, convenience
or welfare of the City; is a physically suitable land use designation for the Project Site, and
ensures development of a low -density, limited scale retreat which would be harmonious with
existing development in the surrounding neighborhood and serve as a buffer between the
mountainous lands to the south and west, and the denser residential development to the northeast.
Section 10. Specific Plan Case No. SP200002.
The Project Entitlements include Specific Plan Case No. SP200002, which, together with
this Development Agreement, establish the plans, land use regulations, development standards,
design guidelines, infrastructure requirements, and implementation guidelines to guide the
repositioning and further development of the Porcupine Creek Retreat Project (the "Specific
Plan"). Any conflicts between the terms of the Specific Plan and the Rancho Mirage Municipal
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Code ("Municipal Code") shall be resolved in favor of the terms of the Specific Plan.
Section 11. Preliminary Development Plan
The Project Entitlements include a Preliminary Development Plan ("PDP") that defines
the location and architecture of buildings and landscape improvements for the Project, and
Developer shall comply with all Conditions of Approval as set forth in PDP Case No. PDP20-
0006, and all future approved PDP cases, which are incorporated in this Agreement as though set
forth in full. The Director of Development Services ("Director") shall have authority to
determine whether Final Development Plan applications are in substantial conformance with the
approved PDP, and to approve minor modifications that do not materially change the location or
appearance of the improvements shown in the approved PDP, so long as such minor
modifications do not exceed limits specified in the Specific Plan, deviate from the stated
development standards by more than ten percent (10%), and do not trigger the need for a
Subsequent or Supplemental EIR under Public Resources Code Section 21166. Proposed
modifications to the approved PDP or Final Development Permit that do not meet these
standards for a minor modification shall require an amendment to the PDP under Municipal
Code Section 17.42.120. Because the improvements approved in the PDP are to be constructed
in phases, to ensure flexibility in responding to market conditions, the life of the PDP, any
additional PDPs approved for the Project, and all approved Final Development Permits shall
automatically be extended for the term of this Agreement, and the time periods set forth in
Chapter 17.42 of the Municipal Code shall not apply.
Section 12. Sign Permit Review
For any signage that will be visible from outside of the Property, including from the
adjacent public roadways, Developer shall apply for a sign permit pursuant to Section 17.28.040
of the Municipal Code, and the City shall expeditiously process Developer's application upon
submission thereof. Signage within the Project that will not be visible from outside the Project
Site shall be subject to administrative approval by the Director.
Section 13. Condo -Hotel Units Not Permitted.
The studio, single bedroom and multi -bedroom Keys at the Project Site that presently exist or are
constructed after the Effective Date, including those in the existing main residence, and the
casitas and guest villas, shall not be "condo -hotel units" as described in Section 17.30.095 of the
Municipal Code, and shall not be separately sold or made available for sale by Developer.
Nothing in this Agreement or the Project Entitlements shall prohibit Developer from closing the
Retreat, and/or occupying some or all of the Retreat, and during any such periods of closure or
private occupancy, the Retreat will not be subject to the payment of TOT to the City, and this
provision shall expressly survive the expiration or earlier termination of this Agreement.
Section 14. Setbacks From Adjacent Residences.
In
No new guest facilities or multi -story buildings shall be permitted within a 250-foot-wide
buffer from the property lines of any existing residences in the adjacent Magnesia Falls Cove
neighborhood. In addition, all other new buildings of any kind (save and except gatehouses and
utility structures) shall be setback at least 50 feet from all property lines, including the adjacent
residences, and any new utility structures (such as the existing SCE building that contains
switchgears and transformers at the southern terminus of Magnesia Falls Drive) shall be located
at least 10 feet from any residential property line, and shall conform to the noise restrictions set
forth in the Municipal Code to avoid disruption of the quality of life of existing neighboring
residents.
Section 15. Construction Traffic Ingress and Egress
All construction truck traffic and deliveries shall be directed to access the Project Site
from Mirage Road to avoid impacts to the Magnesia Falls Cove residential neighborhood. The
Project's main entry on Dunes View Road shall be designated for guest access to the Retreat.
Any documented violation of this provision shall result in a fine of $1,000 per occurrence,
excepting any that may be attributable to road closures, storm damage, project siting constraints,
acts of god or other causes beyond Developer's control.
Section 16. Golf Course and Other Project Amenities
The Project's golf course, tennis, fitness and spa facilities, restaurant, and other amenities
shall be available for use by Retreat guests only, and shall not be open to the general public. The
parties acknowledge that a portion of the existing golf course tee boxes and golf cart path, which
were entitled with the Porcupine Estate in approximately 1997, and located in the mountainous
lands to the south of the Project Site shall not be included in the Specific Plan nor be
incorporated within any of the other Project Entitlements. Nothing in this Agreement shall be
construed as granting any entitlements, including any permits or licenses, authorizing any
additional uses or activities with respect to the existing golf course tee boxes and cart path
situated outside the Specific Plan area.
Section 17. Special Event Management Plan
Large events open to the general public shall not be permitted at the Retreat. Consistent
with its resort -hotel zoning, weddings, charity golf tournaments, and similar special events shall
be permitted at the Retreat, but any events that exceed 350 guests shall require advance
submission to the City of a special event management plan to address any potential traffic,
parking or noise impacts. Under no circumstance shall traffic be permitted to queue on Dunes
View Road whilst awaiting entry to a Special Event. Accommodations must be made to convey
queuing traffic into the property so as not to disrupt the local street network.
Section 18. Short -Term Rental Restrictions
If the project is not successful as a resort hotel and/or exclusive retreat, it may be returned
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to use as a private residence; in such event, however, it shall not be available for use as a short-
term rental property. Under that circumstance, the Owner shall not be permitted to rent, lease, or
otherwise use the property for short-term rental activities as defined in Chapter 3.25 (SHORT-
TERM RENTALS) of Title 3 (REVENUE AND FINANCE) of the Rancho Mirage Municipal
Code ("RMMC"), inclusive of any future updates to the RMMC with regard to short-term
rentals.
Section 19. Expedited Entitlement Processing and Inspections
The City shall use its reasonable good faith efforts to conduct all inspections and process
all permits, plans and other approvals necessary to implement the Project in an expeditious
manner. To facilitate such expedited entitlement processing and inspections, Developer agrees
to pay the City's overtime rates or third -party costs associated with such expediting to the extent
requested by Developer.
Section 20. Vested Rights and Applicable Rules, Regulations and Policies
Except as otherwise provided in this Agreement, the Developer shall have the vested
right to develop the Project pursuant to the rules, regulations, and policies governing the use,
density, intensity, design, improvement, construction, building and occupancy standards, in
effect on the Effective Date of this Agreement, as set forth in this Agreement and the Project
Entitlements, Title 17 "Zoning" of the Municipal Code, and all other applicable legal
requirements in effect as of the Effective Date (collectively, "Applicable Law"). In light of the
foregoing, the 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 Property, timing or phasing of
development, zoning, provisions for reservation or dedication of land for public purposes, the
location and size of any public improvements, and other terms and conditions of development of
the Project as set forth in the Project Entitlements and this Agreement.
a) In accordance with Government Code Section 65866, nothing herein shall be
construed to limit the City's authority to apply new rules, regulations and policies to the Project
which do not conflict with the Applicable Law, nor to limit the 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 City residents.
b) Notwithstanding anything to the contrary contained in this Agreement, the City
may apply to the Project, at any time during the term of this Agreement, the then -current
California Building Code, California Fire Code, and other uniform construction codes, provided
that any such uniform code shall apply to the Project only to the extent that such code has been
adopted by the City, and is in effect on a City-wide basis.
c) As provided in California Government Code Section 65869.5, this Agreement
shall not preclude the application to the Project of changes in laws, regulations, plans or policies,
to the extent that such changes are specifically mandated and required by changes in state or
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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.
d) Unless ordered by a court of law, or to the extent provided by state law, the City
shall not impose on the Project (whether by action of the City Council or other local legislative
body, or by initiative, referendum or other means) any ordinance, resolution, rule, regulation,
standard, directive, condition or other measure (each, individually, a "City Law") that is in
conflict with Applicable Law, or that reduces the development rights or assurances provided by
this Agreement. If the City attempts to apply to the Project a City Law that Developer believes
to conflict with Applicable Law, Developer shall provide to the City a written notice describing
the legal and factual basis for Developer's position.
e) The City shall not adopt or enact any City Law, or take any other action which
would violate the express or implied provisions, conditions, or intent of any of the Project
Entitlements. Developer reserves the right to challenge in court any City Law that would, in
Developer's opinion, conflict with Applicable Law or reduce the development rights provided by
this Agreement. Should any initiative, referendum, or other measure be enacted, and any failure
to apply such measure by City to the Project be legally challenged, Developer agrees to fully
defend and indemnify the City against such challenge, including providing all necessary legal
services (with counsel reasonably selected by Developer in consultation with the City Attorney),
bearing all costs therefor, and otherwise holding the City harmless from all costs and expenses of
such legal challenge and litigation.
t) In the event a City Law is enacted, whether by action of the City Council, or by
initiative, referendum (other than a referendum which specifically overturns the City's approval
of this Agreement or the Project Entitlements), or otherwise, which relates to the rate, timing,
phasing or sequencing of new development or construction in the City or, more particularly,
development and construction of all or any part of the Project, and that is in conflict with the
Applicable Law, such City Law shall not apply to the Project or any portions thereof.
Section 21. Minor Revisions
Minor revisions to the permits, licenses, certificates and other entitlements related to the
Project Site and/or Project shall not require an amendment to this Agreement or the Project
Entitlements, provided that the City finds and determines that the proposed change or
modification is consistent with the development standards and guidelines applicable to the
Project pursuant to this Agreement, the Project Entitlements, and the Project's Mitigation
Monitoring and Reporting Program ("MMRP"). The Director may approve a minor
modification to allow refinements and adjustments to the entitlements, so long as the proposed
modifications are consistent with the intent of the approved entitlements and do not increase the
maximum number of keys as listed in the Project's Final EIR, exceed the maximum development
square footages set forth in the Specific Plan, or deviate from the development standards set forth
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in the Specific Plan by more than ten percent (10%). If, in the opinion of the Director, the
amendment is not minor, a Major Modification, Variance (major or minor), Specific Plan
Amendment or other Planning Division Application will need to be processed. The Developer
shall have the right to appeal the Director decision under Chapter 17.76 of the RMMC.
Section 22. Filing and Processing Fees
Notwithstanding anything else herein, Developer shall pay all applicable filing and
processing fees pursuant to Section 17.36.050 "Fees" of the Municipal Code in the amounts set
forth in the schedule of fees that is in effect on a City-wide basis at the time such fees are due
and payable during the land use entitlement process, including any implementing approvals.
Section 23. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees, Developer shall reimburse the
City for the actual costs and expenses incurred by the City for all services provided by the City
and its consultants, including legal counsel, for review, preparation and processing of this
Agreement and the Project Entitlements, and any research related thereto, which are not factored
in the City's filing and processing fees, subject to Developer's consent to such costs and
expenses, which consent shall not be unreasonably withheld. Furthermore, to the extent that the
City, on behalf of the 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 Site and/or the Project 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 consent to such costs and expenses, which
consent shall not be unreasonably withheld. Any fees, assessments or other amounts payable by
the City pursuant to any such agreements described herein shall be borne by the Developer
except where the Developer has notified the City in writing, prior to the City entering into any
such agreement, that it does not desire for City to execute said agreement. Should Developer
refuse to provide its consent with respect to the above matters, the City reserves the right to
refrain from entering into the respective agreement or paying any fees, assessment or other
amounts on behalf ofthe Project Site and/or Project.
Section 24. City Impact Fees
The Developer shall pay the City's Development Impact Fees set forth in Chapter 3.29 of
the Municipal Code on all new square footage at the City's commercial rates in effect as of the
Effective Date. A schedule of the applicable City Development Impact Fees is attached as
Exhibit B, which shall be subject to any automatic inflation adjustments as set forth in the City's
current impact fee ordinance.
Section 25. Multiple Species Habitat Conservation Plan Fees
The Project shall be exempt from payment of the Coachella Valley Multi -Species Habitat
Conservation Fee because the construction of the Project involves either the conversion of
existing improvements on the Project Site and/or the development of different uses than the
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current permitted uses which will not impact any additional areas of the Project Site that not have
already been disturbed by the development, construction and/or installation of the existing
improvements on the Project Site.
Section 26. Transportation Uniform Mitigation Fee Program
The Developer shall pay the Transportation Uniform Mitigation Fee Program ("TUMF")
fee amounts applicable to the Project for all new square footage, in the amounts in effect as of
the date each building permit is issued for each new expansion project. Developer shall be
responsible for compliance with all applicable TUMF requirements of the Coachella Valley
Association of Governments ("CVAG").
Section 27. 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 and/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 28. Community Facilities District No. 1
The Developer acknowledges the existence of Community Facilities District No. 1
CFD No. I") 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. Developer voluntarily consents that it will not vote or
otherwise support the dissolution of said CFD No. 1. In the event CFD No. 1 formally dissolves,
Developer shall consent to paying an in -lieu assessment in a manner and form, deemed
acceptable by the City, as though CFD No. 1 had never dissolved with respect to the Project and
Project Site, but only to the extent such an in -lieu fee applies to all similarly situated properties
on a City-wide basis. If the Project or Project Site is not currently subject to the assessments of
CFD No. 1, Developer voluntarily consents to take whatever affirmative action it needs to take
on its part to ensure that the Project and Project Site are subject to the assessments of the CFD
No. 1, which includes without limitation, voting to approve the annexation of the Project and
Project Site to said CFD No. 1 for the purpose of funding certain public safety services.
Section 29. Nexus/Reasonable Relationship Challenges
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
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Developer's opinion, conflict with Applicable Law or reduce the development rights provided by
this Agreement. The Parties acknawledge that any fees or monetary exactions set fylh r r
described in this Agreement, whether or not imposed for the nuMoses n/ Clef! rrt irag rill ar it
Portion of'the cost of ublic facilides related to the Project, are not Qoverned, pursuant to
Government Code Section 66000 (b), by the provisions the California Mitigation Fee,, I rt as .sef
forth in Government Code Section 66000 et Neg.
Section 30. Covenants Running with the Land and Constructive Notice
All of the terms, provisions, and obligations contained in this Agreement shall be binding
upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring
all or any portion of the Project Site and/or Project, or any interest therein, whether by operation
of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of the City
and its successors and assigns. As such, all of the provisions of this Agreement shall be
enforceable as equitable servitudes and constitute covenants running with the land pursuant to
Applicable Law, including but not limited to, Section 1468 of the California Civil Code.
Notwithstanding the above, every person who now or hereafter owns or acquires any right, title
or interest in or to any portion of the Project Site and/or Project shall be deemed to have
consented and agreed to every provision contained in this Agreement, whether or not any
reference to this Agreement is contained in the instrument by which such person acquired an
interest in the Project Site and/or Project. Notwithstanding anything set forth in this Agreement
to the contrary:
a) During the term hereof, the Project and the Project Site shall be subject to
this Agreement, and any development of any portion of the Property shall be developed, operated
and/or managed pursuant to the terms of this Agreement.
b) Developer is not obligated by the terms of this Agreement to affirmatively
act to develop all or any portion of the Project Site, pay any sums of money, dedicate any land,
indemnify any party, or to otherwise meet or perform any obligation with respect to the Project
Site, except and only as a condition to the development of any portion of the Project Site.
Section 31. 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 or its successors and assigns may have under any other Applicable Law to contest the
fees, exactions and assessments and/or their amounts payable to the City under this Agreement
as follows:
In furtherance of the Parties' intentions, Developer with and under advice of counsel,
hereby expressly waives any and all right and benefit conferred upon Developer by the
provisions of Civil Code Section 1542, which provides as follows:
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A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor
at the time of executing the release and that if known by him or her
would have materially affected his or her settlement with the
debtor or released party."
Developer further expressly waives any and all rights and benefits 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 waiver of rights contained in this
Agreement.
Initials:
Developer
Section 32. Periodic Review
The City shall conduct a review of this Agreement as set forth as follows:
a) Annual Review. The 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 INCLUDING TO ADDRESS ANY UNANTICIPATED
TRAFFIC SAFETY CONCERNS RAISED BY RESIDENTS IN THE MAGNESIA
FALLS COVE NEIGHBORHOOD.
b) Notice. The City shall notify Developer in writing of the date of review at
least thirty (30) days prior thereto.
c) Good -faith Compliance. During each annual review, Developer is
required to demonstrate good faith compliance with the terms of this Agreement.
d) Production of Documents and Other Evidence. Developer agrees to
furnish such reasonable evidence and adequate documentation of good faith compliance as the
City, in the exercise of its reasonable discretion, may require.
e) Cost of Annual Review. The costs incurred by City in connection with the
annual review shall be borne by Developer.
f) Failure to Conduct Review. City's failure to conduct an annual review of
this Agreement shall not constitute a breach of this Agreement, and shall constitute a rebuttable
presumption that Developer is in good faith compliance with the terms of this Agreement.
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g) Certificate of Compliance. If, at the conclusion of a periodic or special
review, Developer is found to be in compliance with this Agreement, the City, upon
Developer's request, 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 the City that: (i) this Agreement remains in effect and (ii) Developer
is not in default. The 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 the City,
regardless of whether or not the Certificate is relied upon by assignees or other transferees or
Developer.
Section 33. Mortgagee Protection
a) In General. The provisions of this Agreement shall not prevent or limit
Developer's right to encumber the Property or any portion thereof, or any improvement thereon
by any mortgage, deed of trust or other security device securing financing with respect to such
portion. City acknowledges that lenders providing such financing and other "Mortgagees"
defined below) may require certain modifications or amendments to this Agreement and agrees
upon request, from time to time, to meet with Developer and representatives of such lenders to
negotiate in good faith any such request for modification or amendment. Any modification or
amendment requested by a Mortgagee will be processed in accordance with the terms of this
Agreement. Any person holding a mortgage, deed of trust or other security instrument on all or
any portion of the Property made in good faith and for value (each, a "Mortgagee"), shall be
entitled to the rights and privileges set forth in this Section.
b) Impairment of Mortgage or Deed of Trust. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof, including the lien of any
mortgage. Notwithstanding the foregoing and except as otherwise specifically stated in the terms
of any security instrument held by a Mortgagee, no default under this Agreement shall defeat,
render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project Site
made, or their interest in the Property acquired by, any Mortgagee in good faith and for value.
c) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in
writing to City in the manner specified herein for giving notices, City shall exercise its best
efforts to provide such Mortgagee written notification from City of any failure or default by
Developer in the performance of Developer's obligations under this Agreement, which
notification shall be provided to such Mortgagee at such time as such notification is delivered to
Developer.
d) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the
obligation, to cure any failure or default by Developer during the cure period allowed Developer
under this Agreement, plus an additional 60 days if, in order to cure such failure or default, it is
necessary for the Mortgagee to obtain possession of the Property such as by seeking the
appointment of a receiver or other legal process. Any Mortgagee that undertakes to cure or
attempt to cure any such failure or default shall provide written notice to City that it is
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undertaking efforts of such a nature; provided that no initiation of any such efforts by a
Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts.
e) Liability for Past Defaults or Obligations. Subject to the foregoing, any
Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of
the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise,
shall take such property subject to the rights and obligations of this Agreement, and in no event
shall any such property be released from any obligations associated with its use and development
under the provisions of this Agreement. Nothing in this Section shall prevent City from
exercising any remedy it may have for a default under this Agreement; provided, however, that
in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of
Developer arising prior to acquisition or possession of such property by such Mortgagee.
Section 34. Relationship of Parties
It is specifically understood and agreed by and between 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. The 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 the City and Developer joint
venturers or partners.
Section 35. Third Party Beneficiaries
The only parties to this Agreement are Developer and City. There are no other 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 36. Assignment of Rights
Developer shall have the right to assign its rights and obligations under this Agreement,
by giving prior written notice to the City, to any entity in which the Developer, or its principals
or owners, retain a majority ownership interest so long as such assignee expressly assumes the
obligations of the Developer hereunder. Developer shall also have the right to assign its rights
and obligations under this Agreement to any third -party purchasers of the Property (or any
portion thereof). Upon full execution of an Assignment and Assumption Agreement, and
approval of same by the City, which approval shall not be unreasonably withheld, Developer
shall be released from all obligations hereunder as to all portions of the Property transferred to
said third party purchaser(s).
Section 37. Estoppel Certificate
For and in consideration of entering into this Agreement, the parties hereto acknowledge
the receipt of good and valuable consideration. This paragraph shall constitute an Estoppel
Certificate and shall be an independent agreement among the parties which is intended to and
shall survive any subsequent determination that this Agreement is invalid for any reason, by a
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final court decision, having jurisdiction thereof. The Developer represents to the City that it has
no actual knowledge of any Claims, as herein below defined, against the City specifically
pertaining to the matters set forth in this Agreement. For purposes of this Section, "Claims" are
defined as all known claims, fees, demands, costs, damages, obligations, expenditures, remedies,
liens, rights or arbitration, rights of action and/or causes of action, whether compensatory or
punitive, legal or equitable. This Estoppel Certificate legally bars the Developer from filing
Claims against the City of which it had actual knowledge at the time of the approval by the City
of this Agreement.
Section 38. 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 unreasonable or grossly inequitable under all the circumstances or would
frustrate the purposes of this Agreement.
Section 39. Singular and Plural; Gender; and Person
Except where the context requires otherwise, the singular of any word shall include the
plural and vice versa; and 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.
hereof.
Section 40. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition
Section 41. 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 42. Amendments
This Agreement may be amended from time to time by mutual consent of the original
parties or their successors in interest, with the City's costs payable by amendment applicants, in
accordance with the provisions of Government Code Sections 65867 and 65868 and the City's
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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 43. 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
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 44. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless the City, city
council, commissions, boards, subcommittees and the 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.
Section 45. Indemnification
Developer shall defend, indemnify and hold harmless the City, city council,
commissions, boards, subcommittees and the 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 the City; (ii) any environmental determination made by the City in connection with
the Project Site, the Project or this Agreement; and (iii) any proceedings or other actions
undertaken by the 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, provided that the City, at its
sole option, may tender the complete defense of any third -party challenge as described herein. In
the event the City elects to contract with special counsel to provide for such a defense, the 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 the City.
Section 46. Delays in Performance
aVA
In addition to any other provisions of this Agreement with respect to delay, Developer
and the 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; riots, strikes, picketing, or other labor disputes; epidemics or pandemics;
shortage of materials or supplies; damage to or prevention of work in process by reason of fire,
floods, earthquake, or other casualties; litigation, 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 of the delay, or
longer as may be mutually agreed upon.
Section 47. 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 the City or by the City to
Developer is false or proves to have been false in any material respect when it was made, or (ii) a
finding by the City made following a periodic review of the Agreement under the procedure
provided for in Section 31 (Periodic Review) of 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 ("Event of Default"). Upon the occurrence of an Event of Default by the Developer
or the 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 45 (Delays in
Performance) 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 issuance
of building permits with respect to the Project or Project Site.
Section 48. General Default Remedies
Subject to Section 52 (No Damage Relief) of this Agreement, after notice and expiration
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J
of the thirty (30) calendar day period without cure, the non -defaulting party shall have such
rights and remedies against the defaulting party as it may have at law or in equity, including, but
not limited to, the right to terminate this Agreement pursuant to California Government Code
Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any
rights or remedies available to the non -defaulting party under this Agreement and any other
rights or remedies that such party may have at law or in equity upon a default by the other party
under this Agreement shall be distinct and separate, providing the non -defaulting party with
cumulative rights and remedies. None of such rights or remedies, whether or not exercised by the
non -defaulting party, shall be deemed to exclude any other rights or remedies available to the
non -defaulting party. The non -defaulting party may, in its discretion, exercise any and all of its
rights and remedies, at once or in succession, at such time or times as the non -defaulting party
considers appropriate.
Section 49. No Building Permit upon Developer Default
No building permit shall be issued or building permit application accepted for any
structure or improvement on the Project Site after Developer is determined by a court of
competent jurisdiction to be in default of any of the material terms and conditions of this
Agreement, until such default thereafter is cured by Developer or is waived by the City. If the
City lawfully terminates this Agreement because of Developer's default, then the City shall retain
any and all benefits, including without limitation any money, improvements, structures,
easements or dedications received by the City pursuant to any term or condition of this
Agreement, the Project Entitlements and the Project's Mitigation Monitoring and Reporting
Program ("MMRP").
Section 50. Emergency Working Group
Notwithstanding any other provision in this Agreement, neither Developer nor City shall
commence any legal action, or willfully engage in any other act or omission inconsistent with the
terms of this Agreement, including but not limited to withholding or delaying prompt issuance of
any ministerial approval by the City (collectively, a "Self -Help Remedy"), without first
initiating, and participating in good faith in, an "Emergency Working Group Meeting" pursuant
to the terms of this Section. Upon receipt of any Notice of Default, or upon the existence of any
dispute or disagreement between the parties arising out of or relating to this Agreement and/or
the Project, any party may initiate an Emergency Working Group Meeting to address and seek in
good faith to resolve the dispute or disagreement by giving written notice to the other party
setting forth the nature of the issue in dispute and the desire to hold an immediate Emergency
Working Group Meeting. The meeting shall be held within 10 days of the written notice, unless
extended by mutual written agreement of the parties. Failure to hold the required meeting prior
to commencing any legal action or engaging in any Self -Help Remedy will result in the award of
all reasonable attorney's fees and costs to the party found by any Court to be responsible for the
failure to timely hold the meeting. To expedite the process of commencing and completing an
Emergency Working Group Meeting, if and when the need for such a meeting should arise, the
Emergency Working Group shall consist of the following members: (1) the City Manager; (2)
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the City Community Development Director; (3) the City Public Works Director; (4) the City
Attorney; (6) one or more senior executives of Developer and, if applicable, the Retreat operator;
7) Developer's Project Manager or other employee or representative appointed by Developer
with first-hand knowledge of the issue in dispute; and (8) Developer's legal counsel. Both
Developer and City shall maintain a current list of names and contact information for the
Emergency Working Group.
Section 51. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of California.
Section 52. 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 53. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, the parties acknowledge
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 54. 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 55. Notices
Any notice or communication required hereunder among the City and the 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:
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To City:
City of Rancho Mirage
69-825 Highway I I I
Rancho Mirage, CA 92270
Attention: City Manager
To Developer:
Porcupine Properties, LLC
101 Ignacio Valley Rd., Suite 320
Walnut Creek, CA 94596
Attn: Barry T Mori
With a copy to:
James D. Vaughn, Esq.
Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP
4590 E. Thousand Oaks Blvd., Suite 100
Westlake Village, CA 91362
E-Mail: jvaughn@szrlaw.com
Section 56. 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 57. Recordation
In order to comply with Section 65868.5 of the Development Agreement Statute, the City
Clerk shall cause a copy of this Agreement to be recorded with the Riverside County Recorder's
Office within ten (10) days after the Enacting Ordinance takes effect.
Section 58. 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.
21-
Section 59. Consistency Between Project Entitlements and Agreement
The parties hereto acknowledge that it is their intention that all terms, conditions and
obligations of all Project Entitlements shall be consistent with, or at minimum, shall not conflict
with, the terms, provisions and obligations of this Agreement. To the extent there is any conflict
or inconsistency between the terms of this Agreement and any other provision in the Project
Entitlements, the terms of this Agreement shall prevail.
Section 60. 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 61. Offsite Improvements
The property owner is aware that certain existing golf course improvements lie beyond
the boundary of the Specific Plan and property boundary alike. Approval of the Specific Plan
and entitlements in no way authorizes any person on the subject property to trespass onto
adjacent lands that are not owned by said property owner. Furthermore, approval of the Specific
Plan and entitlements does not authorize any development on lands outside the Specific Plan
boundary, and nothing in this Agreement shall be construed as granting entitlements on lands
subject to Measure V or as allowing development to occur on such designated lands. A Lot Line
Adjustment shall be processed by the Developer to clearly define the Specific Plan boundary.
Section 62. Covenant of Good Faith and Fair Dealing
No party shall do anything which shall have the effect of injuring the right of another
party to receive the benefits of this Agreement or do anything which would render its
performance under this Agreement impossible. Each party shall perform all acts contemplated by
this Agreement to accomplish the objectives and purposes of this Agreement.
Section 63. 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 64. Further Actions and Instruments
22-
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.
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:
Ted Weill, Mayor
ATTEST:
By:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
Steven B. Quintanilla, City Attorney
DEVELOPER
APPROVED:
PORCUPINE PROPERTIES, LLC
By:
Name/Title
Signatures must be notarized.
By:
23-
James D. Vaughn, Legal Counsel for
Developer
LIST OF EXHIBITS
Exhibit A — Description of Property
Exhibit B Development Impact Fees
EXHIBIT "A"
DESCRIPTION OF PROPERTY
SEE ATTACHED]
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
PARCEL A:
LLA NO. 21-01
IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THOSE PORTIONS OF SECTION 13 AND THE EAST HALF OF
SECTION 14, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND
MERIDIAN, DESCRIBED AS FOLLOWS:
PARCEL 3 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 12-05 "CERTIFICATE
OF COMPLIANCE" (LLA NO. 12-05) RECORDED MAY 08, 2013 AS DOCUMENT NO.
2013-0219040 TOGETHER WITH THOSE PORTIONS OF PARCELS 1 AND 2 OF
THAT CERTAIN LOT LINE ADJUSTMENT NO. 13-01 "CERTIFICATE OF
COMPLIANCE" (LLA NO. 13-01) RECORDED FEBRUARY 5, 2014 AS DOCUMENT
NO. 2014-0050433, ALL OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13 AND SAID
PARCEL 2;
THENCE NORTH 00006'22" EAST ALONG THE WESTERLY LINE OF SAID SECTION
13 AND SAID PARCEL 2, A DISTANCE OF 372.12 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 0000622" EAST, A
DISTANCE OF 371.08 FEET;
THENCE LEAVING SAID WESTERLY LINE AND ALONG THE SOUTHERLY LINE OF
SAID PARCEL 1, SOUTH 11040'21" WEST, A DISTANCE OF 336.01 FEET;
THENCE NORTH 67007'36" WEST, A DISTANCE OF 39.14 FEET;
THENCE NORTH 67006'21" WEST, A DISTANCE OF 178.76 FEET;
THENCE NORTH 65010'33" WEST, A DISTANCE OF 113.74 FEET;
THENCE NORTH 77006'11" WEST, A DISTANCE OF 47.07 FEET;
THENCE SOUTH 8601121" WEST, A DISTANCE OF 28.74 FEET;
THENCE NORTH 82052'51" WEST, A DISTANCE OF 38.53 FEET;
THENCE NORTH 65009'51" WEST, A DISTANCE OF 136.99 FEET;
THENCE NORTH 57033'02" WEST, A DISTANCE OF 62.30 FEET;
THENCE NORTH 58006'02" WEST, A DISTANCE OF 68.68 FEET;
PAGE 1 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
THENCE NORTH 52008'54" WEST, A DISTANCE OF 54.48 FEET;
THENCE NORTH 47022'38" WEST, A DISTANCE OF 49.36 FEET;
THENCE NORTH 38041'00" WEST, A DISTANCE OF 27.58 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 110.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
24°43'17" EAST;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 THROUGH THE
FOLLOWING NINE (9) COURSES:
1) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 52003'41", AN ARC DISTANCE OF 99.95 FEET;
2) THENCE NORTH 13013'02" EAST A DISTANCE OF 482.91 FEET;
3) THENCE NORTH 36°10'38" WEST, A DISTANCE OF 176.08 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 650.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
36012'38" EAST;
4) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 26015'33", AN ARC DISTANCE OF 297.90 FEET;
5) THENCE NORTH 27-31-49" EAST A DISTANCE OF 236.10 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 4,840.00 FEET;
6) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 07°26'00", AN ARC DISTANCE OF 627.92 FEET;
7) THENCE NORTH 20005'49" EAST A DISTANCE OF 849.97 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS
OF 1,560.00 FEET;
8) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16008'10", AN ARC DISTANCE OF 439.34 FEET;
9) THENCE NORTH 36°13'59" EAST, A DISTANCE OF 944.47 FEET;
THENCE ALONG THE NORTHERLY, NORTHEASTERLY AND SOUTHERLY LINES
OF SAID PARCEL 1 AND SAID PARCEL 2 THROUGH THE FOLLOWING FORTY (40)
COURSES:
1) THENCE SOUTH 33°31'33" EAST DISTANCE OF 170.53 FEET;
PAGE 2 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
2) THENCE SOUTH 53°46'29" EAST A DISTANCE OF 359.04 FEET;
3) THENCE NORTH 36°13'31" EAST A DISTANCE OF 108.34 FEET, TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 970.00 FEET;
4) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05007" 0" A DISTANCE OF 86.67 FEET;
5) THENCE NORTH 31 °06'21" EAST A DISTANCE OF 135.23 FEET;
6) THENCE SOUTH 36°07'39" EAST A DISTANCE OF 21.69 FEET;
7) THENCE SOUTH 31-06-21" WEST A DISTANCE OF 126.84 FEET, TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 990.00 FEET;
8) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05007'10" AN ARC DISTANCE OF 88.46 FEET;
9) THENCE SOUTH 36-13-31" WEST A DISTANCE OF 79.00 FEET;
10) THENCE SOUTH 53°46'29" EAST A DISTANCE OF 43.00 FEET;
11) THENCE SOUTH 43-00-40" EAST A DISTANCE OF 101.67 FEET;
12) THENCE SOUTH 36007'39" EAST A DISTANCE OF 329.82 FEET, TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 1875.00 FEET;
13) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12024'20", AN ARC DISTANCE OF 405.97 FEET;
14) THENCE SOUTH 23-43'19" EAST A DISTANCE OF 198.97 FEET;
15) THENCE SOUTH 44-00-59" EAST, A DISTANCE OF 6.00 FEET;
16) THENCE SOUTH 46032'51" WEST, A DISTANCE OF 161.58 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 69013'46"
WEST;
PAGE 3 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
17) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 77-04-34", AN ARC DISTANCE OF 67.26 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY HAVING A
RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18018'36"
EAST;
18) THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 59012'55", AN ARC DISTANCE OF 20.67 FEET;
19) THENCE SOUTH 49005'41" WEST, A DISTANCE OF 6.67 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 470.00 FEET;
20) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 05015'00", AN ARC DISTANCE OF 43.07 FEET;
21) THENCE SOUTH 43-50-41" WEST, A DISTANCE OF 29.36 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 1375.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
65°32'58" WEST;
22) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 25048'05", AN ARC DISTANCE OF 619.19 FEET;
23) THENCE SOUTH 50015'07" EAST, A DISTANCE OF 165.55 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 375.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 39044,531,
EAST;
24) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 04025'32", AN ARC DISTANCE OF 28.97 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 44010'25" EAST;
25) THENCE NON -TANGENT TO SAID CURVE SOUTH 44011'50" WEST, A
DISTANCE OF 4.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 371.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 44010'25" EAST;
26) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 13002'22", AN ARC DISTANCE OF 84.43 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 57012'47" EAST;
PAGE 4 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
27) THENCE NON -TANGENT TO SAID CURVE NORTH 57°13'29" EAST, A
DISTANCE OF 4.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 375.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 57012'48" EAST;
28) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 06°06'09", AN ARC DISTANCE OF 39.94 FEET TO THE
BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 3020.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
63°18'57" WEST;
29) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10010'34", AN ARC DISTANCE OF 536.37 FEET TO THE
BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 560.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 53°08'23"
EAST;
30) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°52'34", AN ARC DISTANCE OF 155.17 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 69000'57" EAST;
31) THENCE NON -TANGENT TO SAID CURVE SOUTH 20°56'54" EAST, A
DISTANCE OF 44.00 FEET;
32) THENCE SOUTH 11-29-59" WEST, A DISTANCE OF 279.72 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS
OF 225.00 FEET;
33) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 35059'56", AN ARC DISTANCE OF 141.37 FEET;
34) THENCE SOUTH 24°29'57" EAST, A DISTANCE OF 273.55 FEET;
35) THENCE SOUTH 05°47'58" EAST, A DISTANCE OF 279.53 FEET;
36) THENCE SOUTH 25-47-21" WEST, A DISTANCE OF 76.92 FEET;
37) THENCE SOUTH 02°44'11" WEST, A DISTANCE OF 359.84 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 60.00 FEET;
PAGE 5 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
38) THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 156059'18", AN ARC DISTANCE OF 164.40 FEET;
39) THENCE NORTH 20-16-31" WEST, A DISTANCE OF 86.20 FEET;
40) THENCE NORTH 63°06'38" WEST, A DISTANCE OF 275.44 FEET;
THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 2, NORTH 32-04-53" WEST,
A DISTANCE OF 192.36 FEET;
THENCE NORTH 33049'27" WEST, A DISTANCE OF 135.66 FEET;
THENCE NORTH 35012'12" WEST, A DISTANCE OF 71.30 FEET;
THENCE NORTH 31007'07" WEST, A DISTANCE OF 70.28 FEET;
THENCE NORTH 47018'52" WEST, A DISTANCE OF 33.81 FEET;
THENCE NORTH 72015'01" WEST, A DISTANCE OF 88.47 FEET;
THENCE NORTH 69050-42" WEST, A DISTANCE OF 49.89 FEET;
THENCE NORTH 86025'36" WEST, A DISTANCE OF 45.97 FEET;
THENCE SOUTH 82052'51" WEST, A DISTANCE OF 30.83 FEET;
THENCE SOUTH 59038'30" WEST, A DISTANCE OF 32.12 FEET;
THENCE SOUTH 67032'15" WEST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 87008'24" WEST, A DISTANCE OF 19.14 FEET;
THENCE SOUTH 57044'46" WEST, A DISTANCE OF 21.48 FEET;
THENCE SOUTH 42025'17" WEST, A DISTANCE OF 29.76 FEET;
THENCE SOUTH 19059'55" WEST, A DISTANCE OF 22.36 FEET;
THENCE SOUTH 26035'03" WEST, A DISTANCE OF 25.63 FEET;
THENCE SOUTH 35046'36" WEST, A DISTANCE OF 29.43 FEET;
THENCE SOUTH 69027'35" WEST, A DISTANCE OF 16.33 FEET;
THENCE SOUTH 77000'57" WEST, A DISTANCE OF 12.75 FEET;
THENCE NORTH 52008'53" WEST, A DISTANCE OF 10.90 FEET,
PAGE 6 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
THENCE NORTH 85036'18" WEST, A DISTANCE OF 12.46 FEET;
THENCE SOUTH 36003'01" WEST, A DISTANCE OF 12.99 FEET;
THENCE SOUTH 37053'54" WEST, A DISTANCE OF 21.79 FEET;
THENCE SOUTH 49047'14" WEST, A DISTANCE OF 16.27 FEET;
THENCE SOUTH 61 °43'09" WEST, A DISTANCE OF 14.11 FEET;
THENCE SOUTH 87008-24" WEST, A DISTANCE OF 19.14 FEET;
THENCE NORTH 74045-25" WEST, A DISTANCE OF 21.80 FEET;
THENCE NORTH 79042'13" WEST, A DISTANCE OF 21.37 FEET;
THENCE NORTH 88005'33" WEST, A DISTANCE OF 28.69 FEET,
THENCE NORTH 90000'00" WEST, A DISTANCE OF 47.79 FEET;
THENCE SOUTH 88009'14" WEST, A DISTANCE OF 29.65 FEET;
THENCE SOUTH 68045'56" WEST, A DISTANCE OF 18.46 FEET;
THENCE SOUTH 39013'51" WEST, A DISTANCE OF 46.85 FEET;
THENCE SOUTH 19022'27" WEST, A DISTANCE OF 37.46 FEET;
THENCE SOUTH 33042'09" WEST, A DISTANCE OF 76.06 FEET;
THENCE SOUTH 36010'52" WEST, A DISTANCE OF 30.76 FEET;
THENCE SOUTH 50055'46" WEST, A DISTANCE OF 19.70 FEET;
THENCE NORTH 80032'44" WEST, A DISTANCE OF 11.63 FEET;
THENCE NORTH 41 °39'27" WEST, A DISTANCE OF 23.01 FEET;
THENCE NORTH 55019'38" WEST, A DISTANCE OF 15.11 FEET;
THENCE NORTH 81 °28'35" WEST, A DISTANCE OF 19.33 FEET;
THENCE SOUTH 61 °56'51" WEST, A DISTANCE OF 16.25 FEET;
THENCE NORTH 90000'00" WEST, A DISTANCE OF 21.98 FEET;
THENCE NORTH 80013'32" WEST, A DISTANCE OF 28.13 FEET;
PAGE 7 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
THENCE NORTH 65052'20" WEST, A DISTANCE OF 30.37 FEET;
THENCE NORTH 69012'33" WEST, A DISTANCE OF 51.12 FEET;
THENCE NORTH 83039'54" WEST, A DISTANCE OF 43.28 FEET;
THENCE NORTH 90000'00" WEST, A DISTANCE OF 39.19 FEET;
THENCE NORTH 87052'50" WEST, A DISTANCE OF 25.83 FEET;
THENCE NORTH 56019'55" WEST, A DISTANCE OF 31.01 FEET;
THENCE NORTH 48031'38" WEST, A DISTANCE OF 33.17 FEET;
THENCE NORTH 50044'03" WEST, A DISTANCE OF 54.32 FEET;
THENCE NORTH 59019'17" WEST, A DISTANCE OF 35.57 FEET;
THENCE NORTH 64033'19" WEST, A DISTANCE OF 22.23 FEET;
THENCE NORTH 32045'25" WEST, A DISTANCE OF 15.90 FEET;
THENCE NORTH 11 046'40" WEST, A DISTANCE OF 23.41 FEET;
THENCE NORTH 01019-26" EAST, A DISTANCE OF 31.79 FEET;
THENCE NORTH 23012'57" EAST, A DISTANCE OF 14.55 FEET;
THENCE NORTH 25021'53" WEST, A DISTANCE OF 20.08 FEET;
THENCE NORTH 56054'38" WEST, A DISTANCE OF 26.24 FEET;
THENCE SOUTH 82030'37" WEST, A DISTANCE OF 36.64 FEET;
THENCE SOUTH 87057'23" WEST, A DISTANCE OF 26.78 FEET;
THENCE NORTH 76026'26" WEST, A DISTANCE OF 28.51 FEET,
THENCE NORTH 56044'50" WEST, A DISTANCE OF 36.58 FEET;
THENCE NORTH 51036'19" WEST, A DISTANCE OF 35.37 FEET;
THENCE NORTH 47045'01" WEST, A DISTANCE OF 28.41 FEET;
THENCE NORTH 28009'41" WEST, A DISTANCE OF 46.58 FEET;
THENCE NORTH 34043'03" WEST, A DISTANCE OF 45.31 FEET;
PAGE 8 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
THENCE NORTH 30015'03" WEST, A DISTANCE OF 85.50 FEET;
THENCE NORTH 29034'51" WEST, A DISTANCE OF 73.58 FEET;
THENCE NORTH 27019'09" WEST, A DISTANCE OF 33.32 FEET;
THENCE NORTH 25055'31" WEST, A DISTANCE OF 37.17 FEET;
THENCE NORTH 29045'56" WEST, A DISTANCE OF 15.40 FEET;
THENCE NORTH 75058'30" WEST, A DISTANCE OF 7.88 FEET;
THENCE NORTH 81 °02'05" WEST, A DISTANCE OF 18.39 FEET;
THENCE SOUTH 71 °34'46" WEST, A DISTANCE OF 21.16 FEET;
THENCE SOUTH 76052'36" WEST, A DISTANCE OF 29.44 FEET;
THENCE SOUTH 75058'30" WEST, A DISTANCE OF 27.59 FEET;
THENCE NORTH 86059'23" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 78007'16" WEST, A DISTANCE OF 18.56 FEET;
THENCE NORTH 90000'00" WEST, A DISTANCE OF 19.12 FEET;
THENCE SOUTH 60016'33" WEST, A DISTANCE OF 23.11 FEET;
THENCE SOUTH 15026'04" WEST, A DISTANCE OF 28.73 FEET;
THENCE SOUTH 19006'30" EAST, A DISTANCE OF 52.56 FEET;
THENCE SOUTH 47030'48" EAST, A DISTANCE OF 31.11 FEET;
THENCE SOUTH 43058'56" EAST, A DISTANCE OF 37.16 FEET;
THENCE SOUTH 25009'48" EAST, A DISTANCE OF 51.70 FEET;
THENCE SOUTH 17049'58" EAST, A DISTANCE OF 28.09 FEET;
THENCE SOUTH 03049'02" EAST, A DISTANCE OF 43.07 FEET;
THENCE SOUTH 00000'00" WEST, A DISTANCE OF 35.34 FEET;
THENCE SOUTH 11019'09" EAST, A DISTANCE OF 34.09 FEET;
THENCE SOUTH 01 035'33" EAST, A DISTANCE OF 34.40 FEET;
PAGE 9 OF 10
LOT LINE ADJUSTMENT
EXHIBIT A
Lot Line Adjustment Legal Description
LLA NO. 21-01
THENCE SOUTH 05021'37" WEST, A DISTANCE OF 30.70 FEET;
THENCE SOUTH 21012'28" WEST, A DISTANCE OF 87.48 FEET;
THENCE SOUTH 25017'46" WEST, A DISTANCE OF 38.03 FEET;
THENCE SOUTH 02017'33" WEST, A DISTANCE OF 23.90 FEET;
THENCE SOUTH 02051'53" WEST, A DISTANCE OF 19.13 FEET;
THENCE SOUTH 47008'42" WEST, A DISTANCE OF 18.25 FEET;
THENCE SOUTH 80013'32" WEST, A DISTANCE OF 28.13 FEET;
THENCE NORTH 87008'24" WEST, A DISTANCE OF 38.28 FEET;
THENCE SOUTH 81 °38'28" WEST, A DISTANCE OF 32.85 FEET;
THENCE SOUTH 61 °31'28" WEST, A DISTANCE OF 38.06 FEET;
THENCE SOUTH 41 °31'13" WEST, A DISTANCE OF 33.17 FEET;
THENCE SOUTH 30036'01" WEST, A DISTANCE OF 24.41 FEET;
THENCE SOUTH 71034'46" WEST, A DISTANCE OF 12.09 FEET;
THENCE NORTH 90000'00" WEST, A DISTANCE OF 21.98 FEET;
THENCE SOUTH 56019'56" WEST, A DISTANCE OF 17.23 FEET,
THENCE SOUTH 35043'46" WEST, A DISTANCE OF 37.65 FEET;
THENCE SOUTH 45001'26" WEST, A DISTANCE OF 41.89 FEET;
THENCE SOUTH 32055'37" WEST, A DISTANCE OF 19.34 FEET;
THENCE SOUTH 07030'07" WEST, A DISTANCE OF 36.61 FEET;
THENCE SOUTH 29016'09" WEST, A DISTANCE OF 27.37 FEET;
THENCE SOUTH 81 °02'05" WEST, A DISTANCE OF 5.69 FEET, TO THE TRUE
POINT OF BEGINNING;
CONTAINING 8,278,010 SQUARE FEET OR 190.037 ACRES MORE OR LESS.
PAGE 10 OF 10
EXHIBIT "B"
DEVELOPMENT IMPACT FEES
SEE ATTACHED]
Residential (per unit) Non-residential (per 1,000 sq. ft.)
Facility Type Single Family Multifamily Commercial Office Industrial
General Government 1,001 799 312 814 303
Fire Protection 452 362 313 817 304
Transportation 4,172 2,570 2,850 6,780 894
Park and Recreation 1,733 1,383
Library 1,153 921
Infrastructure Undergrounding• 272 272 272 272 272
TOTAL 8,783 6,306 3,747 8,683 1,773
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. 1178 was introduced
by first reading at a regular meeting of the City Council held on April 1, 2021, by the
following vote:
AYES: Hobart, Kite, Townsend, Weill.
NOES: Smotrich.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1178 was adopted at a regular meeting of the City Council held
on April 15, 2021, by the following vote:
AYES: Hobart, Kite, Townsend, Weill.
NOES: Smotrich.
ABSENT: None.
ABSTAIN: None.
I further certify that I have caused Ordinance No. 1178 to be posted and/or
published, as required by law (GC Sect. 36933).
Kristie Ramos
City Clerk