HomeMy WebLinkAbout2B Amended COA MemoCITY OF PALM SPRINGS
CITY COUNCIL
MEMORANDUM
Date: October 10, 2024
To: City Council
From: Scott C. Stiles, City Manager
Subject: APPEALS BY THE NEW MESQUITE HOMEOWNERS’ ASSOCIATION
AND DESERT CHAPEL OF THE PLANNING COMMISSION DECISION
TO APPROVE A MINOR AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT (PDD 153) TO ALLOW THE RESTORATION OF
APPROXIMATELY 90 ACRES OF THE 120-ACRE FORMER MESQUITE
GOLF COURSE AND COUNTRY CLUB SITE INTO A NATIVE DESERT
HABITAT AND NATURE PRESERVE (CASE 5.0303-PD 153).
A minor change has been made to Condition of Approval ADM 5 to read as follows:
ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of
Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from
any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s),
arising, in any way, out of the approval of this application or the activities authorized by
this Land Use Permit, including any award of attorneys’ fees and/or costs. The City will
promptly notify the applicant of any such claim, action, or proceeding and the applicant
will either undertake defense of the matter and pay the City's associated legal costs or
will advance funds to pay for defense of the matter by the City Attorney. If the City fails
to promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing, the
City retains the right to settle or abandon the matter without the applicant's consent, but
should it do so, the City shall waive the indemnification herein, except, the City's decision
to settle or abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.”
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