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ORD 533 RREF II-CWC LaQ, LLC - Signature at PGA West - Amendment to DARECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2016-0098830 - 03/14/2016 04:24 PM Fees: $0.00 Page 1 of 11 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder **This document was electronically submitted to the County of Riverside for recording** Receipted by: TERESA #134 LA QUINTA ORDINANCE NO. 533 APPROVING AMENDMENT NO. 1 (2015-001) TO DEVELOPMENT AGREEMENT 2006-011 BETWEEN CITY OF LA QUINTA AND RREF II-CWC LAQ, LLC LOT 97 AND LOT T OF TR 36537-1, MB 442, PGS 55 -- 63 OF MAPS THIS AREA FOR RECORDERS USE ONLY This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 ORDINANCE NO. 533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND RREF II-CWC LAQ, LLC. CASE: DEVELOPMENT AGREEMENT 2015-0001 (DA 2006-011, AMENDMENT NO. 1) WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 8th day of December, 2015, hold a duly noticed Public Hearing to consider a recommendation on an Amendment to the subject Development Agreement, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2015-010, recommending to the City Council approval of Development Agreement 2015-0001 (DA 2006-011, Amendment 1); and, WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of January, 2016, hold a duly noticed Public Hearing to consider an amendment to a Development Agreement by and among the City of La Quinta and RREF II-CWC LAQ, LLC for property located within the original PGA West Specific Plan area, bounded by PGA Boulevard on the south and west, the PGA Stadium Course and Clubhouse to the north and east; said property being the subject of the proposed amendment is described as follows: LOT 97 AND LOT T OF TR 36537-1, MB 442, PGS 55 THROUGH 63 OF MAPS WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on January 8, 2016 as prescribed by the Municipal Code regarding this proposal. Public hearing notices were also mailed to all property owners within 500 feet of the project site; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the proposed Amendment to the Development Agreement: Ordinance No. 533 Development Agreement 2015-0001 - Signature at PGA West (Development Agreement 2006-011, Amendment No.1) Adopted: February 2, 2016 Page 2 of 4 1. The proposed Amendment to the Development Agreement is internally consistent with the goals, objectives, and policies of the General Plan and the PGA West Specific Plan 83-002, Amendment 6, in that it will not conflict or otherwise interfere in promoting residential development in a controlled and logical manner that is compatible with the surrounding land uses and the current Signature project approvals. 2. The proposed Amendment to the Development Agreement is compatible with the uses authorized in and the regulations prescribed for the Tourist Commercial land use district applicable to the property and the PGA West Specific Plan. 3. The proposed Amendment to the Development Agreement conforms with the public convenience and general welfare by providing for requisite private improvements and conforms to good land use practice by facilitating a long-range comprehensive approach to development of the site. 4. Approval of the proposed Amendment to the Development Agreement will not be detrimental to the health, safety and general welfare since adequate provisions exist in previous City approvals to provide for the necessary project improvements contemplated under the Amendment. 5. Approval of this proposed Amendment to the Development Agreement will not adversely affect the orderly development of the subject or surrounding properties nor affect preservation of area -wide property values, but rather will enhance them by facilitating orderly, planned project area development consistent with the approved PGA West Specific Plan. 6. Consideration and adoption of this proposed Amendment to the Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: SECTION 1. APPROVAL: The City Council hereby approves and adopts this Amendment to the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign said Amendment to the Development Agreement on Ordinance No. 533 Development Agreement 2015-0001 - Signature at PGA West (Development Agreement 2006-011, Amendment No.1) Adopted: February 2, 2016 Page 3 of 4 behalf of the City, and the City Clerk to record the Amendment to the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL: The La Quinta Community Development Department determined that this application is exempt from further review pursuant to the provisions of the California Environmental Quality Act (CEQA) under Section 15182 (Residential Projects Pursuant to a Specific Plan). A Determination of Substantial Conformance was previously adopted by the La Quinta City Council on December 3, 2013, for the Signature at PGA West, with respect to the previously approved Eden Rock at PGA West project, for which an Environmental Impact Report (SCH #2007061056) was certified by the La Quinta City Council on April 15, 2008; and, SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of February, 2016, by the following vote: AYES: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None c LINDA EVANS, Mayor City of La Quinta, California ATTEST: Susan Maysels, City C r City of La Quinta, California Ordinance No. 533 Development Agreement 2015-0001 - Signature at PGA West (Development Agreement 2006-011, Amendment No.1) Adopted: February 2, 2016 Page 4 of 4 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 533, which was introduced at a regular meeting on the 19th day of January, 2016, and was adopted at a regular meeting held on the 2nd day of February, 2016, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. SUSAN MAYSELS, City Cl City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on February Z. 2016, pursuant to Council Resolution. ( SUSAN MAYSELS, City Cl City of La Quinta, California RECORDING REQUESTED BY AND WHEN RECORDED lu/:11111 C17 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk EXHIBIT A -- ORDINANCE NO. 533 Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment No. 1") is made and entered into as of March g , 2016 ("Effective Date") by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and RREF 11-CWC LAQ, LLC, a California limited liability company ("Developer"). RECITALS: A. The City and Developer's predecessor in interest, Crowne Pointe Partners, LLC, an Oregon limited liability company ("Crowne Pointe"), entered into that certain Development Agreement dated August 18, 2008, and recorded on September 18, 2008, as Instrument No. 2008-0509913, in the Official Records of the County of Riverside (the "Development Agreement"). B. Crowne Pointe assigned all of its right, title, interest and obligations in, to and under the Development Agreement to Developer and Developer accepted such assignment and assumed the performance of all of the terms, covenants and conditions occurring or arising under the Development Agreement on or after the effective date of such assignment, pursuant to that certain Assignment and Assumption Agreement by and between Crowne Pointe, as "Assignor", and Developer, as "Assignee", dated as of March 24, 2014 and recorded on March 28, 2014 as Instrument No. 2014-0115107 in the Official Records of the County of Riverside (the "Assignment and Assumption Agreement")- C. On or about March 13, 2015, Developer, as "Seller", and LQR Golf LLC, a Delaware limited liability company ("LQR Golf'), as "Buyer", entered into that certain Property Acquisition and Joint Escrow Instructions ("Property Acquisition Agreement") whereby Developer agreed to sell to LQR Golf certain property described as Lot 97 and Lot T of Final Tract Map No. 36537-1 (the "Subject Property"). D. As a condition to the consummation of the sale of the Subject Property by Developer to LQR Golf pursuant to the Property Acquisition Agreement, LQR Golf has requested that the Development Agreement be amended so as to exclude the Subject Property from the terms and conditions of the Development Agreement. E. City and Developer now wish to amend the Development Agreement so as to exclude from Exhibit "A" to the Development Agreement the Subject Property. F. The La Quinta Planning Commission and the La Quinta City Council have determined that this Amendment No. 1 is consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. G. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 24000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On �4.�R 1� L , 201�_ the City Council adopted its Ordinance No. 5b3 ) approving this Amendme No. 1. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Development Agreement is hereby amended to remove and exclude from the Legal Description of the Site, as set forth as Exhibit "A" to the Development Agreement, that certain real property more particularly described as follows: Lot 97 and Lot T of Tract 36537-1, as shown by Map on file in Book 442, Pages 55 through 63, inclusive, of Maps, Records of Riverside County, California 2. Except as otherwise expressly provided in this Amendment No. 1, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 3. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 1, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 4. This Amendment No. 1 shall be construed according to its fair meaning and as if prepared by both parties hereto. 5. This Amendment No. 1 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 1. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 6. Time is of the essence of this Amendment No. 1 and of each and every term and provision hereof. 7. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 8. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 9. This Amendment No. 1 may be executed in counterparts, each of which, when this Amendment No. 1 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 10. The person(s) executing this Amendment No. 1 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which such party is bound. [Balance of page intentionally left blank] 'IN WITNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. I, understands it, and hereby executes this Amendment No. I to be effective as of the day and year first written above. Date: March 8 .201 6 Date: J"_, 201 (, _ ATTEST: Susan ttysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: William H. Ihrke, City Attorney "DEVELOPER" RREF II-CWC I,AQ, LLC, a California limited liability company By: California West Construction, Inc., a California corporation Its Autliorized Agent By: SL, Name: 06 t Dbw1uL_ Title: IM&zwKl- "CITY" CITY OF I.A QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California - pr 0 - r�►- pinwrfi", CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Diego On jla. r L- h 8, 2 0 LFz_ before me, M.K.t Date Here Insert Name and Title of the Officer personally appeared Donald W. Fontana Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso whose narnev isla4 subscribed to the within instrument and acknowled ed to me that hels'�e1tY} y executed the same in hW.*rlth 'r authorized capacity(ig l and that by hisll rlth it signature ] on the instrument the person( or the eniity upon behalf of which the person{4,acted, executed the instrument. M K S"TrXEY Commission • 2107610 Notary Public - California San DNW County NAME- MV Comm. Expires Mayl6, 201 S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of No Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rl Other Signer Is Representing: Signer's Name: — ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator r1 (lthar• Signer Is Representing: .;.r_�'1":rl.r•r:. is - •C' R ? ;f-.diL'�Y 7;v_=Ma 'UY,4iZ=S.'�i.u;f. -r .-.•_ - 02014 National Notary Association - www.NationalNctary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 NOTARY ACKNOWLEDGMENT 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 Riverside On March 14, 2016 before me, SUSAN MAYSELS, Notary Public, personally appeared Frank J. Spevacek who proved to me on the basis of satisfactory evidence to be the person{} whose name(o is/are subscribed to the within instrument, and acknowledged to me that he/sbelthey executed the same in hisi"�eir authorized capacity{ie' , and that by hisl",,,erAheir signatureko on the instrument the person{-s�, or the entity upon behalf of which the personko acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. StJSRN l44AYSELS Commission * 20172$8 WITNESS my hand and official seal. a r Notary,Public - Catuornia b RivBrside County My Comm. Expires Apr 13, 2017 Signature: (notary seal) DOCUMENT: Ordinance 533 approving Amendment #1 to Development Agreement between City of La Quinta and RREF II-CWC LAQ, LLC re: Tract 36537-1.