3 Resolution No. 2024-___ Page 3
ADOPTED ON ________________.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on ______________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA, MMC
CITY CLERK
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EXHIBIT A
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9 Resolution No. 2024-___ Page 9
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PLANNING COMMISSION RESOLUTION NO. 2848
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT
OWNERSHIP RESORTS, INC.
CASE NO: DA 98-1, AMENDMENT NO. 2
WHEREAS, a Precise Plan (PP) and Conditional Use Permit (CUP) for the Marriott Shadow Ridge ('Project") was originally approved, subject to conditions by the City Council on November 12, 1998, pursuant to Resolution No. 98-108; and WHEREAS, the original Project approval was processed pursuant to a Mitigated Negative Declaration, which was certified on November 12, 1998; and WHEREAS, the City Council did, at their meeting on December 10, 1998, approve Development Agreement 98-1 {adopted as Ordinance No. 888) ("DA 98-1") with Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and WHEREAS, the Planning Commission did, at its meeting on February 17, 2015, approve a two-year extension for DA 98-1 through December 2020; and WHEREAS, the Planning Commission did, at its meetings on February 21, 2017, hold a duly noticed public hearing to consider the request for approval of an extension to DA 98-1, Amendment No. 1, to extend the term of DA 98-1 through December 10, 2030, and did recommend approval of the said request to the City Council by its Resolution No. 2689; and
WHEREAS, at said public hearing on March 23, 2017, the City Council heard and considered all testimony and arguments of interested persons regarding the request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment No. 1; and WHEREAS, the City Council did,' at their meeting on March 23, 2017, approve DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) to extend the term of DA 98-1 through December 10, 2030; and
WHEREAS, due to unprecedented and unanticipated economic conditions, the development of Designated Remainder Parcels 4 and 5 of Tract 28818-1, as shown by the map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") has not occurred as originally contemplated in DA 98-1; and
WHEREAS, the Developer now desires to amend DA 98-1 to provide for its termination in the event of a consummated sale of the Subject Property; and WHEREAS, the Palm Desert General Plan Land Use Designation of the site is Resort & Entertainment District; and
PLANNING COMMISSION RESOLUTION NO. 2848
WHEREAS, the amendment to the Development Agreement (DA) for termination in the event of a consummated sale of the Subject Property is consistent with the General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19TH day of December 2023, hold a duly noticed public hearing to consider the request by Marriott Ownership Resorts, Inc., for approvaJ'of the above-noted; and WHEREAS, The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the (CEQA), has determined that the original DA was analyzed under a Mitigated Negative Declaration and not changes to the project and built environment are proposed at this time which would necessitate further review. The proposed modifications to the Development Agreement will not result in any physical alterations to the existing project previously analyzed under the previously prepared MND.
The proposed amendments to the DA do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061 (b)(3) and there is no substantial evidence that there is any possibility that the activity in question may have a significant effect on the environment.
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find that the facts and reasons, which are outlined in the staff report, sufficient to recommend approval of said request to the City Council.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of I Palm Desert, California, as follows:
SECTION 1. Recitals; Findings. The Planning Commission finds and determines that the recitals set forth above are true and correct, that the recitals are incorporated herein by this reference, and that the recitals constitute the Planning Commission's findings for recommending approval of DA 98-1, Amendment No. 2.
SECTION 2. Recommendation. DA 98-1, Amendment No. 2, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby recommended for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of the Second Amendment to DA 98-1 to the City Council.
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PLANNING COMMISSION RESOLUTION NO. 2848
ADOPTED ON DECEMBER 19, 2023.
SON
ATTEST
~
:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2848 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on December 19, 2023, by the following vote:
AYES: GREENWOOD, HOLT, GREGORY, PRADETTO
NOES: NONE
ABSENT: DELUNA
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ,~ ,~
3 RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2848
EXHIBIT A
RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code§§ 6103, 27383
(Space Above This Line for Recorder's Use Only)
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 98-1) ("Second Amendment") is made and entered into as of the __ day of __ , 2023 (the "Effective Date"). by and between the CITY OF PALM DESERT, a California charter city and municipal corporation ("City") and MARRIOTT OWNERSHIP RESORTS, INC .. a Delaware corporation ('Developer") and is made with reference to the background facts and circumstances set forth in the Recitals below.
RECITALS
A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott Shadqw Ridge, a timeshare ,development;
B. On April 13, 2017, the City and Developer did enter into the First Amendment to Development Agreement DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) extending the term of the Development Agreement for an additional ten (10) years through December 2030;
C. Due to unprecedented and unanticipated economic conditions, development of Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") has not occurred as originally contemplated; D, Developer has negotiated the sale of the Subject Property to Toll Bros., Inc. for its planned development of ninety-three (93) single-family homes; E. City and Developer agree that continued development of the Subject Property is in the best interests of the City and the Developer; 2 890577-2
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PLANNING COMMISSION RESOLUTION NO. 2848
F. City and Developer now desire to amend DA 98-1 to accommodate the development of planned unit development of ninety-three (93) single family residential homes on the rather than time share units, subject lo the consummation of the sale of the Subject Property to Toll Bros., Inc.;
NOW, THEREFORE, In consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows:
1. Termination. Section 6, Termination, of the Development Agreement Is amended by adding a new subsection 6.6 thereto to read as follows:
6.6 The consummation of the sale of the
Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file In Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the "Subject Property") pursuant to a Purchase and Sale Agreement ("PSA") by and between Developer and Toll Bros., Inc. as evidenced by (a) delivery to the City ofa certified copy of the record_ed grant deed conve,ying fee title to the Subj~ct Property frorri Developer to Toll Bros., Inc. (or a single purpose development entity controlled by Toll Bros. Inc.), (b) the payment by the escrow holder under the PSA to the City in the amount of ONE MILLION SIX HUNDRED THOUSAND
AND 00/100 DOLLARS ($1,600,000.00) from the proceeds of the sale of the Property, such payment being made In lieu of the Weekly Facillties Fee to which the City may otherwise be entitled to receive in connection with the Subject Property pursuant to the Development Plan contemplated hereunder, and (c) delivery by City to Developer of a certified copy of a resolution releasing the Subject Property from the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108. Notwithstanding anything contained
herein to the contrary, any termination pursuantto this Section
6.6 shall be with respect to the Subject Property only, and this Agreement shall remain in full force and effect with respect to the remainder of the Property, which remaining Property shall continue to be subject to and benefitted by this Agreement and the Precise Plan/Conditional Use Permit 98--5, approved by City Council Resolution 98-108, as each has been or may be amended from time to time.
2. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
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PLANNING COMMISSION RESOLUTION NO. 2848
3. Continued Effectiveness of Development Agreement. Except as otherwise amended herein, all terms and conditions of the Development Agreement remain in full force and effect.
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[Signatures appear on following pagesl
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PLANNING COMMISSION RESOLUTION NO. 2848
IN WITNESS.WHEREOF the parties hereto have entered into this Second Amendment as of !he date and year first above written.
Date: -~--~ 2023
ATTEST:
By:_~------
Anthony Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By:=-,,---,,..,.,------- Robert Hargreaves
City Attorney
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CITY OF PALM DESERT, a charter city
and municipal corporation
By:~~~-------
Karina Quintanilla, Mayor
PLANNING COMMISSION RESOLUTION NO. 2848
Date: _____ .2023
APPROVED AS TO FORM:
By:.~------- , Counsel
DEVELOPER:
MARRIOTT OWNERSHIP RESORTS,
INC., a Delaware corporation
By: ________ _ Name:
Title:
By:·-----~---
Name:
Title:
NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CALIFORNIA CIVIL CODE SEC. 1180 ET. SEQ.
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PLANNING COMMISSION RESOLUTION NO. 2848
ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Riverside
On--------~ beiore me, ____________ ,. a Notary Public. personally appeared -------------~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknovvledged to me that he/she/they executed. the Same in his/her/their authorized capacity0es). and that by his/her/their signature(s) on the instrument Iha parson(s), or Iha entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of CalWornia that Iha foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Stale of California
County of San Riverside
)
)
On-~---~--~ before me,-----------~ a Notary Public.
personally appeared -~-----~-~---• who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscriped •to the -within instrument and acknov.1edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which Iha person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of CalWomia that the foregoing parag_raph is true and correct.
WITNESS my hand and official seal.
Signature
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