HomeMy WebLinkAbout1ECity Council Staff Re{Jorl
DATE: JANUARY 14, 2021 CONSENT AGENDA
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NUMBER 2036
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
EXPANSION OF PLANNED DEVELOPMENT DISTRICT (PD281) IN LIEU
OF A CHANGE OF ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT
CAMPUS AND ESTABLISHING SPECIFIC DEVELOPMENT
STANDARDS FOR THE VISTA SUNRISE II APARTMENT BUILDING
LOCATED A 1695 NORTH SUNRISE WAY, ZONES P/R2, SECTION 11,
(CASE NO 5.0934 POD 281 & (DA) DEVELOPMENT AGREEMENT)
FROM:
BY:
SUMMARY
AND;
SECOND READING AND ADOPTION OF ORDINANCE NUMBER 2037
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
94.08.11 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR A
DEVELOPMENT AGREEMENT WITH THE COACHELLA VALLEY
HOUSING COALITION (CVHC) TO INCLUDE A DEVELOPMENT
SCHEDULE FOR THE CONSTRUCTION OF A SIXTY-ONE (61) UNIT
SPECIAL NEEDS HOUSING APARTMENT COMPLEX.
David H. Ready, City Manager
Development Services Department
This is the second reading of an ordinance to amend Section 94.08.11 of the Palm
Springs Zoning Code relative to the Coachella Valley Housing Coalition Development
Agreement and; a second reading of an ordinance approving an amendment to the Desert
Aids Project Planned Development District (PD281) in lieu of change of zone for the 13.2-
acre campus and establishing specific development standards for the Vista Sunrise II
apartment building . The City Council approved the proposed amendment at first reading
on December 10, 2020, with minor revisions.
2City Council Staff Report January 14, 2021 --Page 2 Case 5.0934 PD 281 -DAP Expansion and New Housing RECOMMENDATION: 1. Waive the second reading of the ordinance text in its entirety and read by title only, and adopt Ordinance No. 2036, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE EXPANSION OF PLANNED DEVELOPMENT DISTRICT (PD-281) IN LIEU OF A CHANGE ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT CAMPUS INCLUDING DEVELOPMENT STANDARDS FOR A DECREASED BUILDING SETBACK AND INCREASE BUILDING HEIGHT LOCATED AT 1695 NORTH SUNRISE WAY." AND; 2. Waive the second reading of the ordinance text in its entirety and read by title only, and adopt Ordinance No. 2037, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COACHELLA VALLEY HOUSING COALITION FOR THE DEVELOPMENT OF VISTA SUNRISE II SIXTY-ONE (61) UNIT APARTMENT BUILDING ALLOWING ENTITLEMENTS FOR FIVE (5) YEARS AND EXEMPTION OF FEES FOR THE PROJECT LOCATED AT 1695 NORTH SUNRISE WAY." STAFF ANALYSIS: On December 10, 2020, Ordinance Nos. 2036 & 2037 were introduced for first reading as noted below: ACTION: Motion by Councilmember Woods, second by Mayor Pro Tern Middleton, carried 5-0, to: 1. Introduce Ordinance No. 2036 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE EXPANSION OF PLANNED DEVELOPMENT DISTRICT (PD-281) IN LIEU OF A CHANGE ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT CAMPUS INCLUDING DEVELOPMENT STANDARDS FOR A DECREASED BUILDING SETBACK AND INCREASE BUILDING HEIGHT LOCATED AT 1695 NORTH SUNRISE WAY." 2. Authorize the City Manager to execute the Development Agreement with the Coachella Valley Housing Coalition (CVHC) AND 3. Introduce Ordinance No. 2037 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND
3City Council Staff Report January 14, 2021 --Page 3 Case 5.0934 PD 281 -DAP Expansion and New Housing THE COACHELLA VALLEY HOUSING COALITION FOR THE DEVELOPMENT OF VISTA SUNRISE II SIXTY-ONE (61) UNIT APARTMENT BUILDING ALLOWING ENTITLEMENTS FOR FIVE (5) YEARS AND EXEMPTION OF FEES FOR THE PROJECT LOCATED AT 1695 NORTH SUNRISE WAY." As a part of this action, the City Council voted to Amend the Fiscal Year 2020/2021 Budget to appropriate $200,000 from unrestricted General Fund balance for the Vista Sunrise II affordable housing project participation in the "Affordable and Multi-Family Housing Incentive Program" pursuant to Resolution No. 24654. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption, or as may be otherwise implemented by direction of the City Council. Staff will execute the Development Agreement for recordation upon approval. inn Fagg, AICP • Development Services Director David H. Ready, Esq.,~--City Manager Attachments: l Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager 1. Ordinance No. 2036 -Amendment to Planned Development 2. Ordinance No. 2037 -Development Agreement 3. Development Agreement
4ORDINANCE NO. 2036 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE EXPANSION OF PLANNED DEVELOPMENT DISTRICT (PD-281) IN LIEU OF A CHANGE OF ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT CAMPUS AND ESTABLISHING SPECIFIC DEVELOPMENT STANDARDS FOR THE VISTA SUNRISE II APARTMENT BUILDING LOCATED AT 1695 NORTH SUNRISE WAY. City Attorney's Summary This Ordinance approves an amendment to Planned Development District PD 281 expanding the boundaries of the POD to encompass the entire 13. 2-acre Desert Aids Project Campus and establish specific development standards for the Vista Sunrise II apartment building identified by Case No. 's 5.0934 PD 218 and 3.1047 MAJ. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Desert Aids Project and the Coachella Valley Housing Coalition,. ("Applicant") filed an application pursuant to Palm Springs Zoning Code Section 94.03.00 (Planned Development District) seeking approval to amend an existing Planned Development District (POD) in lieu of a Change of Zone (Case 5.0934 PD-281) to expand the POD boundaries to include all properties within the 13.2-acre Desert Aids Project campus located at 1695 North Sunrise Way (APN's 507-100-026,041,042,044,045) and establish specific development standards for the Vista Sunrise II apartment building; ("Project"). B. The Applicant submitted related Project applications, including a General Plan Amendment to change the lands use designation of the Project site from "Public/Quasi Public and Medium Density Residential" to "Mixed Use/Multi-Use", a Major Architectural application (Case 3.1047 MAJ) for overall site improvements to include an 18,000-square foot addition connecting the OAP Building to the adjacent OAP Annex, site and landscape improvements, the construction of Vista Sunrise II (61-unit) special needs housing apartment building, and a reconfiguration and improved retention basin and dog park; and a Development Agreement (Case 5.0934 DA) to establish terms and obligations of the applicant and the City relative to a ten (10) year entitlement and fee exemptions. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law, and on November 18, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, and all written and oral testimony presented and voted 6-0-1 (recuse, Song) to recommend approval to City Council of the Project.
5Ordinance No. 2036 Page2 D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law and on December 10, 2020, the City Council held a public hearing in accordance with applicable law. E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Project, including but not limited to the staff report, the Environmental Impact Report (Draft and Final versions), and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00and 94.03.00(E) of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 1. The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site. The proposed General Plan amendment to change the land use designation to Mixed Use/Multi-Use (MU) which is intended for community-servicing retail commercial, professional offices, service business, public and quasi-public uses would be consistent with the goals and objectives of the General Plan. In addition the MU designation allows residential development at a maximum density of fifteen (15) dwelling units per acre with planned development districts allowing residential densities up to thirty (30) dwelling units per acre. The proposed development with the expansion of the POD boundary to include the 13.2-acre campus will result in density of twelve (12) units per acre. The quality of the proposed development will provide housing for special needs residents and allow the Desert Aids Project to expand its medical office building. 2. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(0)(1), and are not detrimental to adjacent properties, or residents. The proposed use as a medical office complex with supportive housing for special needs residents can be considered a mix-use development and is permitted by the General Plan land use designation as Mixed Use/Multi-Use (MU). The proposed project will be compatible with the existing campus and will be consistent with other developments within the immediate vicinity which consists of other MU shopping centers and related activities. 3. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(0)(2). The proposed preliminary development plan meets the parameters permitted within the POD with variations as outlined in the PSZC in terms of building height, off-street parking, setbacks, lot width, development form, and open space requirements. The Pavilion building height varies from fourteen (14') feet on the northwest fa9ade to a maximum of twenty-two (22') feet at the entrance. For the
6Ordinance No. 2036 Page 3 housing project, the building height at the front twenty-five (25') foot setback line will be twenty-three (23') feet equating to two-stories. The building adds a third story with height of thirty (30') feet with an appropriate step-back of forty (40') feet from the front property line reducing the overall mass along the street. All mechanical equipment will be screened from view by parapets on the roofs. All other development standards are met. 4. The site is adequate in size and shape to accommodate the density and /or intensity of the proposed development. The 13.2-acre project site is developed with existing medical offices and a one (1) acre vacant flat parcel that can accommodate the office addition, the sixty-one (61) unit apartment building along with, internal driveways, sufficient off-street parking and drainage. The proposal to expand the boundaries of the POD to include all buildings, and parcels of the Desert Aids Project (OAP) campus is necessary to allow for the development to occur. 5. The site for the proposed preliminary development plan has adequate access and streets and highways properly designed and Improved to carry the type and quality of traffic to be generated by the proposed use, and the design for the site enhances or continues the City's grid in accordance with the Circulation Plan of the City of Palm Springs General Plan. Adequate access is proposed from East Vista Chino Road and North Sunrise Way with three (3) ingress/egress points proposed as a right-in, right-out onto North Sunrise Way with the reconfiguration of medians within the street to direct traffic. The intersection of two Major Throughfares provides an activity center with other large-scale commercial developments and the Desert Aids Project 13.2-acre campus with a mix of commercial and residential uses is consistent with the adjacent developments. The request will include the construction of traffic control medians that will be landscaped and enhance the public right-of-way and help direct traffic on North Sunrise Way and will not be detrimental to adjacent property or residents. Enhanced pedestrian crossings are to be studied and return at at final plan review. 6. The public benefit provided by the development is mitigates any waivers or exemptions requested as part of the preliminary development plan. The public benefit to the community will be providing sixty-one (61) units serving special needs clients that are either low or very low-income residents of the City. The mission of the Desert Aids Project and Coachella Valley Housing Coalition provides vital services to underserved communities and the request for a deviation for two specific development standards in building height and front yard setback for the residential building is equivalent to the benefit provided.
7Ordinance No. 2036 Page4 7. That the conditions to be Imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety, and general welfare. An extensive set of Conditions of Approval have been approved by the Planning Commission and recommended to the City Council. These conditions are meant to provide for the orderly development of the site and include specific requirements from the Building and Engineering divisions, and the Fire Department. In addition, project specific imposed conditions by the Planning Commission and Architectural Advisory committee are included to address, parking, building architecture, site access, and landscaping. These conditions are meant to protect the public health, safety and general welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. CEQA. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Project resulting in a Mitigated Negative Declaration (MND). The City Council has reviewed and considered the information in the Initial Study and has, by separate resolution, certified the final Mitigated Negative Declaration in accordance with CEQA. SECTION 2. Planned Development District in Lieu of a Zone Change. The City Council approves the expansion of PD 281 in lieu of a Change of Zone as conditioned by City Council Ordinance Nos. 2036, 2037, and Resolutions Nos. 24835, 24836, and 24837 for Case Nos. 5.0934 PDD-281, and 3.1047 MAJ. SECTION 3. Zoning Map. The City Council hereby approves the change to the City's Zoning Map to expand PD 281 in lieu of a Change of Zone as set forth herein. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL this 14th day of January, 2021.
8Ordinance No. 2036 Page5 ATTEST: Anthony J. Mejia, MMC City Clerk CHRISTY HOLSTEGE, MAYOR
9Ordinance No. 2036 Page6 STATE OF CALIFORNIA ) CERTIFICATION: COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. __ is a full, true and correct copy, and was introduced at a regular meeting on January 14, 2021 and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, MMC City Clerk
10ORDINANCE NO. 2037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH THE COACHELLA VALLEY HOUSING COALITION, A NONPROFIT PUBLIC BENEFIT CORPORATION, FOR THE CONSTRUCTION OF THE VISTA SUNRISE II SPECIAL NEEDS HOUSING PROJECT CONSISTING OF SIXTY-ONE (61) UNITS AS PART OF THE DESERT AIDS PROJECT CAMPUS LOCATED AT 1695 NORTH SUNRISE WAY (CASE NO. 5.0934 PD 218 AND 3.1047 MAJ). City Attorney's Summary This Ordinance approves a Development Agreement for a term of five (5) years unless otherwise terminated or modified as set forth in the Development Agreement, vesting the discretionary entitlements associated with the Vista Sunrise II special needs housing apartments, identified by Case No. 's 5.0934 PD 218 and 3.1047 MAJ. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. The Coachella Valley Housing Coalition, a nonprofit public benefit corporation, ("Applicant") in association with the Desert Aids Project filed an application with the City, pursuant the Palm Springs Zoning Code (PSZC) Chapter 94 and State of California Governmental Code Sections 65350-65362 to modify the General Plan land use designation of the subject site from "Public/Quasi Public and Medium Density Residential" to "Mixed Use/Multi-Use" for the development known as the Desert Aids Project on a 13.2-acre campus, including a Planned Development District (POD) in lieu of a Change of Zone (Case 5.0934 PD-281) to expand the POD boundaries, and establish development standards to allow a reduced front yard setback to twenty-five (25') feet and increase in building height to thirty (30') feet for the residential building (Vista Sunrise II); a Major Architectural application (Case 3.1047 MAJ) for overall site improvements to include an 18,000-square foot addition connecting the OAP Building to the adjacent OAP Annex, site and landscape improvements, the construction of Vista Sunrise II (61-unit) special needs housing apartment building, and a reconfiguration and improved retention basin and dog park located at 1695 North Sunrise Way , (APN's 507-100-026,-041,-042,-044,-045) ("Project"). B. On July 20, 2020, the Architectural Advisory Committee voted to recommend conditional approval of the Project to the Planning Commission. C. The Applicant has also submitted an application with the City (Case 5.0934 DA to vest the above-stated land use entitlements with respect to the 1 .14-acre apartment housing portion of the Project for a period of five (5) years, exempting the housing portion from certain development fees, and such other terms and conditions as provided therein.
11D. 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 has enacted California Government Code § 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. This Development Agreement has been processed and, considered in accordance with the procedures and requirements as set forth in the Development Agreement Statute. E. Pursuant to Government Code section 65865(c), the City of Palm Springs previously adopted Ord. 1829 § 3, 2013; Ord. 1294, 1988 [PSMC § 94.08.00], that set forth rules and regulations establishing procedures and requirements for consideration of development agreements. This Development Agreement has been processed and, considered, in accordance with the procedures and requirements as set forth in the City's Ordinances and Municipal Codes. F. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the proposed Development Agreement as well as the land use entitlements for the Project was given in accordance with applicable law, and on November 18, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project entitlements and Development Agreement for the Project, including but not limited to the staff report, and all written and oral testimony presented, and voted 5-0-1 (recuse, Song) to recommend approval of the proposed Project entitlements and Development Agreement for the Project, with recommendations for amendment, to the City Council. G. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the proposed Project and entitlements and Development Agreement was given in accordance with applicable law and on December 10, 2020, the City Council held a public hearing in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project and entitlements and Development Agreement for the Project, including but not limited to the staff report, all written and oral testimony presented, and the Planning Commission's recommendations. H. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Project resulting in a Mitigated Negative Declaration (MND). The City Council has reviewed and considered the information in the Initial Study and has, by separate resolution, certified the final Mitigated Negative Declaration in accordance with CEQA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
12SECTION 1. The findings and determinations reflected above are all true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. The Final Initial Study and Mitigated Negative Declaration and its Addenda are the controlling environmental documents for the Council's consideration of the Development Agreement for the Project. SECTION 3. The Development Agreement complies with the provisions of the Palm Springs Municipal Code PSMC § 94.08.00, as follows: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. The Development Agreement is consistent with the City of Palm Springs General Plan in that the Development Agreement conforms to the Mixed Use/Multi-Use land use designation. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. c. The Development Agreement is in conformity with public convenience, general welfare and good land use practice. The Development Agreement is in conformance with established City goals, objectives, and regulations outlined in the City's General Plan, the Specific Plan, and the City's Zoning Ordinance. d. The Development Agreement will not be detrimental to the health, safety and general welfare. The Development Agreement is not detrimental to the health, safety, and welfare of the community in that all established zoning and development standards continue to be applicable. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The Development Agreement reflects the approved conditions of approval of the Project which serve to insure the preservation of property values in the vicinity. SECTION 4. The Development Agreement is hereby approved in exchange for the following mutual benefits: a. The Development Agreement will assure adequate public facilities at the time of development.
13b. The Development Agreement will facilitate the construction of sixty-one (61) units of special needs housing serving low, and very-low income residents of the City. c. The Development Agreement will assure development in accordance with City's land use policies and goals d. The Development Agreement will provide for orderly growth consistent with the City's General Plan, and other public policies. e. The Development Agreement is intended to provide certainty in the development approval process by vesting the permitted uses, densities and intensity of use with respect to the housing project on the subject property. f. The execution of the Development Agreement furthers the public health, safety and general welfare of the community. SECTION 5. Approval of the Coachella Valley Housing Coalition (Vista Sunrise 11} Development Agreement. The City Council hereby approves the Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Coachella Valley Housing Coalition, a California non-profit public benefit corporation, Case No. 5.0934 PD 218 and 3.1047 MAJ" and authorizes execution thereof by the City Manager. The provisions of this section shall apply to all property described on Exhibit "A". SECTION 6. The Palm Springs Zoning Code§ 94.08 is hereby amended by adding Section 94.08.11 to read as follows: "Section 94.08.11 Vista Sunrise II A. Vista Sunrise II Development Agreement 1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of a 1.14-acre vacant parcel located within the Desert Aids Project campus which is located at 1695 North Sunrise Way (APN 507-100-041) in the City of Palm Springs as legally described on Exhibit "A" of the Development Agreement, attached to the Ordinance codified in this section and incorporated herein by reference. The property is part of the mixed-use Desert Aids Project campus providing a variety of medical services and special needs housing. Hereafter, the property shall also be designated "Development Agreement No. 7" or "DA7'' which shall be an overlay designation incorporating the restrictions of the "Vista Sunrise II Development Agreement". The Vista Sunrise II Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Vista Sunrise II Development Agreement provides for ultimate development of a sixty-one (61) unit special needs housing apartment building serving low and very-low income residents and is consistent with the General Plan objectives, policies, and programs of the City. 2. Adoption of Vista Sunrise II Development Agreement. There is adopted the Vista Sunrise II bevelopment Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Coachella Valley Housing Coalition, a California nonprofit public benefit corporation to be built within the Desert Aids Project campus per Case No. 5.0934 PD 281 and Case No. 3.1047 MAJ", included with the ordinance which codified this section. which aareement is incomorated
14in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the Development Agreement and incorporated herein by reference. 3. Property Development and Other Standards. The property which is subject to the Vista Sunrise II Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Vista Sunrise II Development Agreement. The developer's performance of its obligations under the Vista Sunrise II Development Agreement shall be subject to annual review as provided therein. SECTION 7. The Official Zoning Map of the City of Palm Springs is hereby amended by reclassifying the property from Case 5.0934 PD 281 to being subject to the Vista Sunrise II Development Agreement "Development Agreement No. 7" or "DA?," all of that real property described in Exhibit "A". SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 14TH DAY OF JANUARY, 2021 ATTEST: Anthony J. Mejia, MMC City Clerk CHRISTY HOLSETGE, MAYOR
15STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) CERTIFICATION I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 2037 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 14, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________ _ Anthony J. Mejia, MMC City Clerk
16RECORDING REQUESTED BY: CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS AND COACHELLA VALLEY HOUSING COALITION A NONPROFIT PUBLIC BENEFIT CORPORATION FOR VISTA SUNRISE II AFFORDABLE HOUSING PROJECT CASE# 5.0934 AMENDED PLANNED DEVELOPMENT DISTRICT 281 CASE# 3.1047 MAJOR ARCHITECTURAL REVIEW Title of Document THIS AREA FOR RECORDER'S USE ONLY
17DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement" or "Development Agreement") is entered into by and between the City of Palm Springs, a California Charter City and municipal corporation, ("City"), and the Coachella Valley Housing Coalition, a nonprofit public benefit corporation, ("CVHC" or "Developer"), pursuant to California Government Code§ 65864 et seq. RECITALS A. Development Agreement Statute. To eliminate uncertainty in planning, strengthen the public planning process, encourage private participation in comprehensive planning, provide for the orderly development of projects, and reduce the economic risk of development, the Legislature of the State of California has enacted California Government Code § 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. The purpose of the Development Agreement Statute is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Developer, and to meet certain public purposes of the municipality. This Development Agreement has been processed, considered, and executed in accordance with the procedures and requirements as set forth in the Development Agreement Statute. B. City Ordinance. Pursuant to Government Code section 65865(c), the City has adopted Palm Springs Municipal Code (PSMC) § 94.08.00 that sets forth local rules and regulations establishing procedures and requirements for consideration of development agreements. The parties acknowledge: a. This Agreement will assure adequate public facilities at the time of development. b. This Agreement will assure development in accordance with City's land use policies and goals. c. This Agreement will provide for orderly growth consistent with the City's General Plan, and other public policies. d. This Agreement is intended to provide certainty in the development approval process by vesting the permitted uses, densities and intensity of use with respect to the Housing Project (as defined herein). e. The execution of this Agreement furthers the public health, safety and general welfare of the community. f. This Agreement will allow development of 61 housing units for very-low-and low-income at-risk individuals in the City. C. Binding Effect of Development Agreement. By electing to enter into this Development Agreement, the City shall bind future City Councils of the City by the 1
18obligations specified herein and limit the future exercise of certain government and proprietary powers of the City. D. Description of the Housing Project, Expansion Project, and Project Site. Developer represents and warrants that it has a legal interest in certain real property as legally described in Exhibit A attached hereto (the "Project Site"), currently owned by the Desert Aids Project, a California non-profit public benefit company ("OAP"). Developer is pursuing the financing, design and construction of a 61-unit special needs affordable housing project within a three-story building featuring a community room and laundry, (the "Housing Project"). Developer, OAP, and a future investor limited partner, may ultimately enter into a limited partnership or similar legal relationship in Developer's construction and operation of the Housing Project, (the "Partnership"), however, this Development Agreement is entered into solely with Developer as the lead applicant proposing the Housing Project. The Entitlements approved concurrently with this Development Agreement, as referenced in Recital E herein, include the City's approval of a separate project to be constructed solely by OAP that includes construction of 18,500 square feet Pavilion to connect the two existing medical buildings owned and operated by OAP, (the "Expansion Project"). OAP and its Expansion Project are expressly excluded from and not a part of this Development Agreement. The City acknowledges that after City's approval of this Development Agreement, OAP may request an amendment to incorporate the Expansion Project, with such amendment to be processed in accordance with PSMC § 94.08.00. E. Entitlements. Concurrent with the approval of this Agreement, City approved the following land use entitlements for the Housing Project, the adjacent Expansion Project and the Project Site: a. General Plan Amendment: From "Public/Quasi-Public" to "Mixed Use/Multi-Use" for Assessor's Parcel Nos. 507-100-042 and 507-100-044; and from "Medium Density Residential" to "Mixed Use/Multi-Use" for Assessor's Parcel Nos. 507-100-045 and 570-100-041. b. Planned Development District 281 Amendment as follows: 1. In lieu of Change of Zone from Limited Multiple-Family Residential (R-2) and Professional Office (P) to Planned Development District 281 (POD). 2. Modification of the POD boundary to include Assessor's Parcel Nos. 570-100-026, 570-100-041, 570-100-042, 570-100-044 and 570-100-045, for a total land area of 12.7± acres. c. Major Architectural Approval: 1. Approval of architectural and landscape plans for a 18,500 square foot pavilion and associated improvements on Assessor's Parcel No. 570-100-042 and 570-100-044, (the "Expansion Project"); and 2. Approval of architectural and landscape plans for a 61-unit special needs affordable housing project on the Project Site identified by Assessor's Parcel No. 570-100-041, (the "Housing Project". 2
19The Entitlements applicable to the Housing Project are the subject of this Development Agreement. The Entitlements applicable to the Expansion Project are excluded from this Development Agreement. The above Entitlements have been approved subject to various conditions and requirements with which Developer will be required to comply in order to develop the Housing Project, (the "Conditions of Approval"). The approvals described above, including without limitation the Conditions of Approval as referenced in this Recital and this Agreement, applicable to the Housing Project are referred to herein as the "Entitlements" and have been reviewed and approved in accordance with the Municipal Code, California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA"), and all other applicable local, state, and federal laws and regulations. The Entitlements and Conditions of Approval applicable to the Housing Project, and this Agreement, shall be collectively referred to as "the Project Approvals." F. Substantial Costs to Developer. Developer will incur substantial costs in order to comply with the Project Approvals and to construct the infrastructure improvements requested by the City to assure development of the Housing Project in accordance with the terms of this Agreement. G. Vesting of Rights. In exchange for the benefits to City described in the preceding Recitals, together with the other public benefits that will result from the development of the Housing Project, Developer will receive by this Agreement assurance that it may proceed with the Housing Project in accordance with the "Applicable Law" (defined below) and therefore desires to enter into this Agreement. H. Planning Commission -Council Findings. The approval of this Agreement is made pursuant to findings by the Planning Commission and the Council that this Development Agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; c. Is in conformity with public convenience, general welfare and good land use practice; d. Will not be detrimental to the health, safety and general welfare; and e. Will not adversely affect the orderly development of property or the preservation of property values. I. City Council Actions. City Council, after gIvmg due notice of intention, conducting required public hearings, considering the recommendations of the Planning Commission, conducting extensive environmental analysis, approved the following Entitlements applicable to the Housing Project and the Project Site: a. By Resolution No. 24836, dated December 10, 2020, amended City's General Plan Land Use Designation for the subject property from Public/Quasi-Public and Medium Density Residential to Mixed Use/Multi-Use. 3
20b. By Ordinance No. 2036, effective February 13, 2021, conditionally amended the Planned Development District in lieu of Change of Zone, changing the zoning from R-2 and Professional Office to Planned Development District 281 (PDD-281); and modified the PDD-281 boundary to include Assessor's Parcel Nos. 570-100-026, 570-100-041, 570-100-042, 570-100-044 and 570-100-045, for a total land area of 12.7± acres. c. By Resolution No. 24837, dated December 10, 2020, conditionally approved Major Architectural Approval: Conceptual architectural and landscape plans. d. By Resolution No. 24835, dated December 10, 2020, adopted an Initial Study/Mitigated Negative Declaration document, which outlines the significant environmental impacts of the Project and any applicable mitigation measures thereby satisfying the requirements of CEQA. J. Ordinance. On January 14, 2021, Council adopted Ordinance No. 2037 at second reading, approving this Agreement and authorizing the City Manager to execute the Agreement. The Ordinance was effective on February 13, 2021; a copy of the Ordinance is attached hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. DEFINITIONS o "Agreement" shall mean this Development Agreement by and between Developer and City, dated _____ , 2020. o "Applicable Law" shall have that meaning set forth in Section 7.03 of this Agreement. o "Changes in the Law" shall have that meaning set forth in Section 7 .08 of this Agreement. o "City" is the City of Palm Springs, a California Charter City and municipal corporation. o "Conditions of Approval" shall have that meaning set forth in Section 4.04 of this Agreement. o "Default" shall have that meaning set forth in Section 11.01 of this Agreement. o "Default Notice" shall have that meaning set forth in Section 11.01 of this Agreement. o "Development Agreement Statute" shall have that meaning set forth in Recital A of this Agreement. 4
21o "Developer" is the Coachella Valley Housing Coalition, a nonprofit public benefit corporation ("CVHC"). All references throughout this Agreement to "Developer" shall be deemed to refer to CVHC. o "Entitlements" shall have that meaning set forth in Recital E of this Agreement. o "Effective Date" shall have that meaning set forth in Section 3.01 of this Agreement. o "Excusable Delay" shall have that meaning set forth in Section 11.04 of this Agreement.. o "Expansion Project" shall mean the construction of 18,500 square feet Pavilion to connect the two existing medical buildings owned and operated by DAP as more particularly set forth Recital D, the submitted site plans and entitlements applicable thereto. o "Force Majeure" shall have that meaning set forth in Section 11.04 of this Agreement. o "Housing Project" shall have that meaning set forth in Recital D of this Agreement. o "Project Approvals" shall have that meaning set forth in Recital E of this Agreement. o "Project Site" shall have that meaning set forth in Recital D of this Agreement. o "Prompt Review" means review of all plans, specifications, and applications by Developer in accordance with Section 7.11, below. o "Reasonable Progress" shall mean commercially reasonable efforts by Developer to achieve full build-out and completion of all executory obligations herein within five years in accordance with Section 7.10, below, subject to any Force Majeure or Excusable Delay. o "Term" shall have that meaning set forth in Section 3.02 of this Agreement. ARTICLE 2. INCORPORATION OF RECITALS. Section 2.01. Recitals. The Recitals set forth above, the introductory paragraph preceding the Recitals, and all defined terms set forth in both, are hereby incorporated into this Agreement as if set forth herein in full. ARTICLE 3. EFFECTIVE DATE AND TERM 5
22Section 3.01. Effective Date. This Agreement became effective as of the effective date of Ordinance No. 2037 approving this Agreement and authorizing the City Manager to execute this Agreement (the "Effective Date"). Section 3.02. Term. The term of this Agreement (the "Term") shall commence upon the Effective Date and continue for a period of five (5) years, unless the Term is terminated or modified as set forth in this Agreement or by mutual consent of the parties hereto. The Developer has provided a preliminary schedule identifying milestone dates for obtaining local permits and approvals, securing financing, and the start and completion of construction of the Housing Project, identified on and attached hereto as Exhibit C. ARTICLE 4. OBLIGATIONS OF DEVELOPER Section 4.01. Obligations of Developer Generally. In consideration of City entering into this Agreement, Developer agrees that, in developing the Housing Project, it will comply with this Agreement and with all Project Approvals. The Housing Project is hereby made subject to this Agreement. Development of the Housing Project is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. The parties acknowledge and agree that City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long term covenants and obligations, as set forth herein. The Parties further acknowledge that this agreement only applies to the Housing Project and not the Expansion Project or any other approved development not related to the Housing Project, including but not limited to, the Expansion Project. Section 4.02. Fee Reduction. Because the Housing Project will provide 100% of its units as low-and very-low income affordable housing units, the Housing Project is eligible to participate in the City's Affordable and Multi-Family Housing Incentive Program adopted pursuant to City Council Resolution No. 24654, (the "Program"). Pursuant to the Program, as an affordable housing project constructing 100% of the units as affordable units, Developer is eligible to receive a reduction of 100% of applicable Developer Fees and Development Impact Fees (as those terms are defined in the Program) in effect as of the Effective Date. Developer acknowledges that only Development Impact Fees imposed by the City may be waived or reduced under the Program, and any other impact fees imposed by other public agencies are excluded from the Program. Provided the Developer complies with all requirements of the Program, including but not limited to, execution of a Fee Program Participation Agreement with the City and recording of covenants running against the Housing Project to restrict the amount of rents charged per unit to qualifying levels, the applicable Developer Fees and Development Impact Fees shall be reduced 100% to $0. Pursuant to the Program, City shall pay any third-party fees related to the City's review and approval of Developer's plans associated with the Housing Project. 6
23In addition to the 100% reduction of City Developer Fees and Development Impact Fees applicable to the Housing Project provided by the Program, Developer has requested the City to pay on its behalf certain impact fees imposed by Palm Springs Unified School District ("PSUSD") and Desert Water Agency ("DWA") that are applicable to the Housing Project. Developer has estimated these fees at One Thousand Four Hundred Six Dollars ($1,406.00) to be paid to PSUSD and Sixty-One Thousand Seven Hundred Seventy-One Dollars ($67,771.00). In exchange for the public benefits provided by the Housing Project, pursuant to this Agreement the City shall pay to PSUSD and DWA the amounts identified herein. Developer shall be responsible to furnish such additional sums if the final impact fees to be paid to PSUSD and DWA exceed the amounts identified herein. Section 4.03. Public benefits provided by Developer. a. Addition of more very-low and low-income affordable housing units to reduce the City's required Regional Housing Needs Assessment numbers. b. Creation of 61 special needs housing units affordable to very-low-and low-income at-risk individuals and households. Section 4.04. Compliance with Project Conditions. In addition to any and all obligations contained in this Agreement, Developer shall comply with and fulfill any and all Conditions of Approval applicable to the Housing Project. The Development of the Housing Project on the Project Site shall be governed by the terms of the Conditions of Approval and this Agreement. The Conditions of Approval and this Agreement shall, to the fullest extent possible, be read and considered as fully integrated documents, and shall be interpreted so as to avoid inconsistencies, comply with all applicable federal and state laws and City Law, and ensure that the objectives of the parties will be fully realized. Nothing in this Agreement is intended to supersede, terminate, modify or otherwise affect any provision of the Conditions of Approval, except to the extent that a provision of this Agreement is in direct conflict with a provision of such Condition of Approval. Then, and only in that event, the provisions of this Agreement shall prevail over the contradictory provisions of any such Condition of Approval. The execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of the Conditions of Approval. ARTICLE 5. OBLIGATIONS OF CITY Section 5.01. Obligations of City Generally. In consideration of Developer entering into this Agreement, City agrees that it will comply with the terms and conditions of this Agreement. The parties acknowledge and agree that Developer's agreement to perform and abide by its covenants and obligations set forth in this Agreement is a material consideration for the City's agreement to perform and abide by the long term covenants and obligations of the City, as set forth herein. 7
24Section 5.02. Sunrise Way Street Improvements. The City shall, at its sole cost and expense, construct the improvements to Sunrise Way required in the Conditions of Approval, (the "Street Improvements"). The Street Improvements are graphically depicted in the attached Exhibit "D" and will include, but not be limited to, the removal of existing asphalt and base, median curb and landscaping, and removal of existing traffic signage; and the installation of asphalt and base, concrete curbs, curb and gutter, median pavers, driveway approach, manhole adjustments, and landscaping. Developer remains obligated to and shall furnish complete street improvement and landscaping plans acceptable to and approved by the City Engineer for City's use in constructing the Street Improvements. The Street Improvements shall be completed by the City on a mutually agreed upon schedule established prior to the issuance of grading permits. The City's financial obligation to construct the Street Improvements is limited to and shall not exceed the sum of Eighty Thousand Dollars ($80,000.00). Developer shall be responsible to furnish such additional sums necessary for the City to complete the Street Improvements. ARTICLE 6. COOPERATION -IMPLEMENTATION The parties agree to cooperate in good faith to implement this Agreement. ARTICLE 7. STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT Section 7.01. Vested Right to Develop. Subject to the terms of this Agreement, Developer shall have a vested right to build out the Housing Project through the Term on the Project Site in accordance with, and to the extent of, the terms and conditions of the Project Approvals. This vested right is limited to the Housing Project, and shall not apply to the Expansion Project or any other development not related to the Housing Project. Section 7.02. Permitted Uses Vested by This Agreement. Except as otherwise provided in this Agreement, the permitted uses of the Housing Project, the density and intensity of use of the Housing Project, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and the location of public improvements, the general location of public utilities, and other terms and conditions of development applicable to the Housing Project are set forth in the Project Approvals, including applicable Conditions of Approval. Section 7.03. Applicable Law. Except as otherwise provided in this Agreement, the rules, regulations, official policies, standards and specifications applicable to the Housing Project (the "Applicable Law") shall be those set forth in the Project Approvals, and, with respect to matters not addressed by the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, and heights in force and effect on the Effective Date of this Agreement. Section 7.04. Uniform Codes. Subject to Section 7.05 below, City may apply to the Housing Project, at any time during the Term, the then current Uniform building construction, fire or other codes, as the same may be adopted or amended from time to time by City, and City's then current design and construction standards for public 8
25improvements, as the same may be adopted or amended from time to time, provided any such uniform code or standard has been adopted and uniformly applied by City on a citywide basis, and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Housing Project. Section 7.05. No Conflicting Subsequent Enactments. City shall not impose on the Housing Project (whether by action of the City Council or by initiative, referendum or other means) any ordinance, resolution, rule, regulation, standard, directive, condition or other measure or any amendment or revision to any of the foregoing (each individually, a "City Law") that is in conflict with Applicable Law, or the Project Approvals, or that reduces the development rights or assurances provided by this Agreement with respect to the Housing Project, except where such City Law is enacted to address a significant public health or safety issue. Any City Law shall be deemed to conflict with Applicable Law, or the Project Approvals, or reduce the development rights provided hereby if it would accomplish any of the following results, either by specific reference to the Housing Project or as part of a general enactment which applies to or affects the Project Approvals applicable to the Housing Project. Approvals: a. Change any land use designation or permitted use of the Housing Project existing as of the Effective Date of this Agreement; b. Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Housing Project; c. Limit or control the location of buildings, structures, grading, or other improvements of the Housing Project in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals; d. Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Housing Project in any manner inconsistent with the Project Approvals; e. Apply to the Housing Project any City Law otherwise allowed by this Agreement that is not uniformly applied on a citywide basis to all substantially similar types of development projects and project sites; f. Result in Developer having to substantially delay construction of the Housing Project or require the issuance of additional permits or approvals by the City other than those required by the Project Approvals or Applicable Law; g. Substantially increase the cost of constructing or developing the Housing Project or any portion thereof; 9
26h. Establish, enact, increase, or impose against the Housing Project or Project Site any fees, taxes (including without limitation general, special and excise taxes), assessments, liens or other monetary obligations other than those specifically permitted by this Agreement; i. Impose against the Housing Project any condition, dedication or other exaction not specifically authorized by the Project Approvals or Applicable Law; j. Grant any development right, entitlement or approval for any portion of the Housing Project on the Project Site that will reduce, limit or encumber Developer's rights hereunder, or k. Unreasonably limit the timing, processing or procuring of applications and approvals for the Housing Project. If City attempts to apply to the Housing Project a City Law that Developer believes to conflict with Applicable Law or the Project Approvals, Developer shall provide to City in writing a notice describing the legal and factual basis for Developer's position. The parties shall meet and confer within thirty (30) days after the date of such written notice with the objective of attempting to arrive at a mutually acceptable solution to this disagreement. If no mutually acceptable solution can be reached, either party may take such action as may be permitted under Section 11.07, below. Section 7.06. Initiatives and Referenda. a. To the maximum extent permitted by law, if any City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with Applicable Law, or the Project Approvals or reduce the development rights provided by this Agreement, such City Law shall not apply to the Housing Project. b. Without limiting the generality of any of the foregoing and to the maximum extent permitted by law, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting building permits or other entitlements to which Developer is entitled pursuant to the Project Approvals shall apply to the Housing Project. c. To the maximum extent permitted by law, City shall take reasonable actions to prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City shall cooperate with Developer and shall undertake such reasonable actions as may be necessary to ensure this Agreement remains in full force and effect. 10
27d. Except as required by State or Federal law, City shall not adopt or enact any City Law, or take any other action which would violate the express provisions or spirit and intent of this Agreement. e. Developer reserves the right to challenge in court any City Law that is enacted after the Effective Date of this Agreement that would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement. Section 7 .07. Environmental Determination. The parties understand that (i) all procedures of CEQA have been satisfied, (ii) an initial study evaluating the environmental impacts of the Housing Project and all other Entitlements has been completed, and (iii) as a result, the City has made certain findings determining that this Agreement and the development approved by the Entitlements will not have a significant impact on the environment with the implementation of the mitigation measures included, and therefore, in an Initial Study/Mitigated Negative Declaration was adopted by the City pursuant to CEQA the California Environmental Quality Act as part of the Project Approvals. Section 7.08. State and Federal Law. As provided in California Government Code§ 65869.5, this Agreement shall not preclude the application to the Housing 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 federal laws or regulations, or by any regional governmental agency that, due to the operation of state law, has binding legal authority on City ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article 10 (Cooperation-Implementation) and Section 11.04 (Force Majeure and Excusable Delays; Extension of Time of Performance). Nothing in this Agreement shall preclude City from imposing on Developer any fee specifically mandated and required by state or federal laws and regulations, provided that nothing shall limit Developer's ability to challenge such laws and the imposition of such fees. Section 7.09. Timing of Project Construction and Completion. The parties acknowledge that neither City nor Developer can predict the timing, rate, order or actual timing of development of the Housing Project with certainty. The parties further acknowledge that the construction of the Housing Project is dependent on numerous factors outside the Developer's control, including securing donations, grants, loans and other funds from third parties, and that funding sources include State and federal programs with timelines and award schedules that are outside of Developer's control. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, subject to the terms of this Agreement, Developer shall 11
28have the right to develop the Housing Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Project Approvals or this Agreement. Section 7.10. Annual Review. City shall, at least every twelve (12) months during the Term of this Agreement, and, prior to issuance of building permits for the Housing Project, review the extent of good faith substantial compliance by Developer with the terms of this Agreement. The review may specifically include a review of whether Developer is making Reasonable Progress. To assess such progress, the Development Services Director may require at any time subsequent to the execution of this Agreement, and as frequently as annually thereafter, an update to the Developer's preliminary schedule identified on and attached hereto as Exhibit C. Reasonable Progress shall take into account market conditions, State and federal funding sources and prudent construction practices. Reasonable Progress is expressly subject to City's obligation of Prompt Review specified in Section 7.11, below. Such periodic review shall be limited in scope to good faith compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1 and PSMC § 94.08.00. Said review shall be diligently completed according to PSMC § 94.08.00. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. A finding by City of good faith compliance by Developer with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. However, if a finding is made by City that there is not good faith compliance by Developer, the City shall follow those procedures set forth in PSMC § 94.08.00. City shall mail to Developer a copy of all staff reports concerning contract performance at least seven (7) calendar days prior to such periodic review. Developer shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council and, if the matter is referred to a City Planning Commission, before said Commission. Notwithstanding anything to the contrary set forth in this Agreement, upon issuance of building permits for the Housing Project, and provided the Developer completes construction of the Housing Project, the Housing Project shall be deemed to have satisfied the obligation to make Reasonable Progress and the City shall have no right to terminate or amend this Agreement as a result of any review by the City pursuant to this Section 7.10. Section 7 .11 Prompt Review by the City. City and Developer shall cooperate and use reasonable efforts to timely review and approve the development design review process, building plan review process, improvement plan review process, and if necessary, the entitlement review process for the Housing Project. Review of any application provided by this subparagraph shall not be deemed to waive any of the Applicable Law pertaining to review or approval of such application, including, but not limited to, a public hearing, if any, required therefore. In the event the Parties agree to use an expedited process to perform any review pursuant to this subparagraph, Developer authorizes the imposition of City Fees paid to the City sufficient to cover City's estimated costs of utilizing City staff, retaining an outside consultant or any combination thereof in order to expedite the review process. Any such process shall terminate upon 12
29the expiration or termination of this Agreement or the issuance of the final certificate of occupancy for development within the Project, whichever occurs first. Section 7 .12. Exempting Fees Imposed by Outside Agencies. Except as specified in 7.08, above, City agrees to exclude Developer from any and all collection agreements regar~Hng fees, including, but not limited to, development impact fees which other public agencies or responsible agencies request City to impose at City's discretion on the Housing Project after the Effective Date through the Term of this Agreement. Excluded fees from other public agencies shall include, but not be limited to State-mandated school impact fees, and Coachella Valley Multiple Species Habitat Conservation fees. Section 7 .13. Prevailing Wage Laws. In accordance with Labor Code section 1781 (a)(2), Developer acknowledges that the City has expressly indicated to the Developer and persons associated with the Developer that its receipt of public funds from the City pursuant to this Development Agreement and/or such other separate agreement between the City and Developer whereby City provides financial assistance to the Housing Project, that all laborers employed relative to the construction of the Housing Project must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Sections 1720, et seq. and Palm Springs Municipal Code Section 7.06.030(1). The Developer agrees with the City that the Developer shall assume the responsibility and be solely responsible for compliance with all state regulations applicable to Public Works Projects, including payment of the prevailing per diem wage rate for their labor classification. The prevailing per diem wage rates shall in effect at the time of construction of the Housing Project shall be paid, and are published by the state and available online at: https://www.dir.ca.gov/oprl/dprewagedetermination.htm. All applicable provisions imposed on Developer in constructing a Public Works Project (as the Awarding Body and Project Owner of the Housing Project as defined by the California Department of Industrial Relations) are available online at: https://www.dir.ca.gov/Public-Works/ Awarding-Bodies. html. In executing this Development Agreement, Developer expressly understands its responsibilities for compliance of all applicable state laws and administrative regulations applicable to the Housing Project as it is considered a Public Works Project. The Developer, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to it pursuant to Labor Code Sections 1726 and 1781. The Developer acknowledges the protections of Civil Code Section 1542 relative to the waiver and release contained in this Section 7 .13, which reads as follows: "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 13
30FAVOR 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." BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 7.13. Developer's Initials Additionally, in accordance with this Section 7 .13, the Developer shall indemnify, defend with counsel acceptable to the City and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure of the Developer to comply with the Prevailing Wage Laws, and against any claims, pursuant to Labor Code Sections 1726 and 1781, which claims arise from or relate to this Development Agreement or the construction of the Housing Project. Section 7.14. Covenant against Non-Discrimination. In connection with its performance under this Agreement, including without limitation performance under the Agreement, Developer shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Developer shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Developer certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Developer activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Developer is in full compliance with the provisions of PSMC § 7 .09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 8. AMENDMENT This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, in accordance with the Development Agreement Statute. ARTICLE 9. ASSIGNMENT, TRANSFER AND NOTICE Section 9.01. Assignment of Interests. Rights and Obligations. Developer may only transfer or assign all or any portion of its interests, rights or obligations under this 14
31Agreement to another person or entity acquiring an interest or estate in the Housing Project or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities that accepts all of the then-applicable responsibilities of the Developer. Notwithstanding the foregoing, Developer may assign its interests, rights or obligations under the Project Approvals for the Housing Project only to a limited partnership of which CVHC and OAP are general partners. Section 9.02. Limits of Liability. To the extent the Developer's responsibilities are transferred in good faith to another person or entity, Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person. ARTICLE 10. COOPERATION IN THE EVENT OF LEGAL CHALLENGE Section 10.01. Cooperation. a. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of the Agreement or any Project Approval, the parties shall cooperate in defending such action or proceeding. The parties shall use best efforts to select mutually agreeable legal counsel to defend such action, and Developer shall pay compensation for such legal counsel; provided, however, that such compensation shall include only compensation paid to counsel not otherwise employed as City staff and shall exclude, without limitation, City Attorney time and overhead costs and other City staff overhead costs and normal day-to-day business expenses incurred by City. In the event City and Developer are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel. b. The parties agree that this Section 10.01 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this section, which shall survive such invalidation, nullification or setting aside. Section 10.02. Waiver of Challenges to Project Approvals. a. As a condition precedent to receiving the benefits of this Agreement, Developer, its successors in interest, transferees, assignees, etc., expressly waive any legal or equitable right to challenge any Project Approvals or other act, entitlement, fee, or approval expressly set forth in this Agreement, including without limitation, all acts of protest pursuant to California Government Code Sections 66008 and 15
3266009 as to any fee against which Developer has vested in accordance with this Agreement. b. The parties agree that this Section 10.02 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this section, which shall survive such invalidation, nullification or setting aside. ARTICLE 11. DEFAULT; REMEDIES; TERMINATION Section 11.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default under this Agreement ("Default"). Any written notice ("Default Notice") shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 30-day period. Upon the occurrence of a Default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material Default, terminate this Agreement. If the Default is cured, then no Default shall exist and the noticing party shall take no further action. Notwithstanding the foregoing, no Default with respect to the Expansion Project or any other development on the Project Site not related to the Housing Project shall cause a Default as to the Housing Project. The Partnership and the investor limited partner of the Partnership shall receive notice of any Default and shall have the right, but not the obligation, to cure any Default hereunder on the same terms and within the same time periods as Developer. Section 11.02. Termination. If City elects to consider terminating this Agreement due to a material Default of Developer, then City shall give a notice of intent to terminate this Agreement. City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter. Notwithstanding the foregoing, City shall have no right to terminate this Agreement due to a Default with respect to the Expansion Project or any other development on the Project Site not related to the Housing Project. Section 11.03. Default by City or Developer. In the event that City or Developer defaults under the terms of this Agreement, the City or Developer shall have all rights and remedies provided herein or under law. The Partnership shall be an express third-party beneficiary of this Section 11.03. Section 11.04. Force Majeure and Excusable Delay: Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Default where delays in performance or failures to perform are due to, 16
33and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, pandemics, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations, stay at home orders and shelter in place orders), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excusable performance which is not within the reasonable control of the party to be excused (collectively "Force Majeure"). Litigation attacking the validity of this Agreement or any of the Project Approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Housing Project pursuant to this Agreement, shall also be deemed to create an excusable delay as to Developer (collectively "Excusable Delay"). The party whose performance is prevented or delayed by such event of Force Majeure or Excusable Delay shall give prompt written notice thereof to the other party and both parties shall have agreed that performance is appropriately excused or delayed pursuant to this Section 11.04. In the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term of any such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties. Section 11.05. Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, recover damages for any default, enforce by specific performance the obligations and rights of the parties hereto, or to obtain any remedies consistent with the purpose of this Agreement. Section 11.06. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be in Riverside County, California. Section 11.07. Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer and City shall, at the request of the party, meet and shall attempt in good faith to resolve any such disputes. Nothing in this Section 11.07 shall in any way be interpreted as requiring that Developer and City and/or City's designee reach an agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings. Section 11.08. Attorneys' Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, each party shall bear its own costs and expenses, including attorneys' fees. Section 11.09. Hold Harmless. Developer shall, at its sole expense, defend and hold City and its elected and appointed officers, agents, employees, and representatives 17
34harmless from all claims, costs, and liabilities for any personal injury, death, or property damage which arises directly or indirectly as a result of the construction of the Housing Project, or of operations performed under this Agreement by Developer or by Developer's contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer's contractors, subcontractors, agents, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer's contractors or subcontractors. Nothing in this section shall be construed to mean that Developer shall hold City or its elected and appointed officers, agents, employees, or representatives harmless from any claims of personal injury, death or property damage arising from, or alleged to arise solely from, any negligent or intentional act, or failure to act, on the part of City, its elected and appointed representatives, officers, agents, employees or representatives. Notwithstanding the forgoing, neither CVHC nor the Partnership, nor any successor or assign of either, shall have any obligation under this Section 11.09 to hold harmless, defend or indemnify the City or any of its elected and appointed officers, agents, employees, and representatives harmless with respect to any other development on the Project Site other than the Housing Project. This hold harmless agreement applies to all damages or claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this section regardless of whether or not City prepared, supplied or approved plans or specifications, or both, for the Project and/or Project Site. The parties agree that this Section 11.09 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this section, which shall survive such invalidation, nullification or setting aside. ARTICLE 12. NO AGENCY, JOINT VENTURE OR PARTNERSHIP It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. ARTICLE 13. MISCELLANEOUS 18
35Section 13.01. Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code Section 65866. Section 13.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. Section 13.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. Section 13.04. Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals shall be deemed to refer to the Agreement or the Project Approvals as they may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. Section 13.05. Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several. Section 13.06. Covenants Running with the Land. All of the provisions contained in this Agreement shall constitute covenants or servitudes which shall run with the land comprising the Project Site and the burdens and benefits hereof shall be binding upon and inure to the benefit of the parties and their respective heirs, successors in interest, transferees and assignees, representatives, lessees, and all other persons acquiring all or a portion of the Housing Project or the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants 19
36running with the land pursuant to California law including, without limitation, Civil Code Section 1468. Section 13.07. Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by facsimile or electronic mail (with original forwarded by regular U.S. Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days 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: If to the City, to: David H. Ready, Esq., Ph.D. City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Fax: (760) 322-8362 David.Ready@palmsprings-ca.gov With Copies to: City Attorney City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Fax: (760) 323-8299 20 If to Developer, to: Coachella Valley Housing Coalition 45701 Monroe St., Suite G Plaza 1 Indio, CA 92201 Attention: Maryann Ybarra Tel: 760-347-3157 Fax: 760-342-6466 Email: maryann. ybarra@cvhc.org With Copies to: Vista Sunrise II, LP. 45701 Monroe St., Suite G Plaza 1 Indio, CA 92201 Attention: Maryann Ybarra Tel: 760-347-3157 Fax: 760-342-6466 Email: maryann.ybarra@cvhc.org Gubb & Barshay LLP
37505 14th Street, Suite 450 Oakland, CA 94612 Attention: Nicole Kline Tel: 415-781-6600 ext 8 Email: nkline@gubbandbarshay.com Section 13.08. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement consists of 22 pages and four exhibits which constitute in full, the final and exclusive understanding and agreement of the parties. Section 13.09. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or conditions contained in this Agreement shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant. Section 13.10. Recordation of Development Agreement. No later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of Riverside. Section 13.11. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City, Developer and the Partnership, any rights, remedies, obligations or liabilities under or by reason of this Agreement. Section 13.12. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions. Section 13.13. Discretion of City. City's execution of this Agreement in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction, except to the extent expressly and unequivocally stated herein. Section 13.14. Representations of Authority. As to each person signing this Agreement on behalf of an entity, all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. [SIGNATURES ON NEXT PAGE] 21
38IN WITNESS WHEREOF, the City of Palm Springs California, a California Charter City and municipal corporation, has authorized the execution of this Development Agreement in duplicate by its City Manager and attestation by its City Clerk, and approved by the Council of the City on the _day of ______ , 2020, and Developer has caused this Agreement to be executed by its authorized representatives. Date: APPROVED AS TO FORM: By: Jeff Ballinger, City Attorney APPROVED BY CITY COUNCIL: Date: ____ Agreement No. __ _ "CITY" CITY OF PALM SPRINGS By: David H. Ready, PhD, Esq. City Manager ATTEST By: Anthony J. Mejia, MMC City Clerk Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial officer. "DEVELOPER" Coachella Valley Housing Coalition, a nonprofit public benefit corporation By: ____________ By: ___________ _ Signature (Notarized) Signature (Notarized) Printed Name I Title Printed Name I Title 22
39EXHIBIT A REAL PROPERTY DESCRIPTION Exhibit A
40EXHIBIT B ORDINANCE NO. -----Exhibit B
41LOCAL PERMITS& APPROVALS EXHIBIT C PRELIMINARY SCHEDULE Submit Site Plan / Design Review (Entitlements) General Plan Amendment I Change of Zone Approval of Entitlements Submit Construction Documents Grading Permit Buildin Permit Loan Application CONSTRUCTIO Enforceable Commitment N FINANCING Closin and Disbursement Type and Source: Applicatio n Closin or Award Type and Source: Applicatio PERMANENT n FINANCING Closin or Award Type and Source: Applicatio n Closin or Award City of Pal_m Springs No Place Like Home CA Tax Credits Allocation Committee Round 2 Construction Start Construction Completion Placed In Service 25 Actual or Scheduled Month II -5 I 2020 5 I 2020 12 I 2020 11 I 2021 3 I 2022 4 I 2022 5 I 2021 6 I 2021 3 I 2022 I 5 I 2020 12 I 2020 1 2021 5 2021 I 7 I 2021 9 I 2021 3 I 2022 9 I 2023 9 I 2023 11 I 2023
42EXHIBIT D SUNRISE WAY STREET IMPROVEMENTS 26