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HomeMy WebLinkAbout10/18/2000 - STAFF REPORTS (7) DATE: October 18, 2000 TO: City Council FROM: City Engineer SECOND AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 17043 RECOMMENDATION: That the City Council approve a Second Amendment to the Subdivision Improvement Agreement/Palm Hills Land Corp., for a five (5) year time extension and direct the City Clerk to record same. BACKGROUND: Tentative Map No. 17043 was approved by the City Council on June 17, 1981 for a 106 lot subdivision. A Final Map was subsequently recorded with a Subdivision Improvement Agreement dated May 11, 1984. Improvement plans were approved by the City Engineer on May 29, 1984. Section 13 of the Subdivision Improvement Agreement requires that "Subdivider shall commence the construction and installation of such improvements within 180 days from the approval of such improvement plans for Tract No. 17043 by the City Engineer, and shall complete such construction and installations within 12 months from such date of commencement." Palm Hills Land Corp, a California corporation, the owner of said subdivided lands, requested a First Amendment to the Subdivision Improvement Agreement involving a) a time extension for a five year period, expiring on November 1, 1997, within which to complete the improvements and b) a substitution of security in the form of a Deed of Trust with Assignment of Rents to the City of Palm Springs (recorded in the Riverside County Recorder's Office on February 25, 1993 as Instrument No. 72634) which would insure faithful performance of said improvements. The First Amendment to the Subdivision Improvement Agreement also provided for the Subdivider to elect to delay or extend the performance of the Subdivision Improvement Agreement annually for a period of up to three (3) additional years from Termination. The Subdivider exercised its options through November 1, 2000. The City Council of the City of Palm Springs approved said First Amendment to the Subdivision Improvement Agreement per Resolution No. 17995 on December 2, 1992. Palm Hills Land Corporation, a California corporation, (the current owner) is requesting a Second Amendment to the Subdivision Improvement Agreement for an additional five (5) years commencing November 1, 2000, subject to all terms and conditions of said Subdivision Improvement Agreement, as amended. The City's Engineering staff has reviewed this project and finds that there are no liens, judgement or monetary encumbrances per the title report against the land. VJq October 18, 2000 Second Amendment - Subdivision Improvement Agreement for Tract No. 17043 Page 2 j � DAVID J. BARAKIAN City Engineer City Manager Attachments: 1. Second Amendment to the Subdivision Improvement Agreement 2. Resolution f)f*A***w SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT WITH CITY OF PALM SPRINGS THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT is made and entered into this day of October, 2000 by and between PALM HILLS LAND CORP., a California corporation, ("Subdivider") and THE CITY OF PALM SPRINGS, a municipal corporation of the State of California, ("City") and is made with reference to the following recitals: RECITALS: A. This Second Amendment refers to Subdivision Improvement Agreement dated May 11, 1984 affecting Tract No. 17043 in the City of Palm Springs. B. The City and the Subdivider entered into a First Amendment to Subdivision Improvement Agreement dated December 2, 1992, a copy of which is attached hereto and incorporated herein by reference. C. All of the recitals set forth in said First Amendment to the Subdivision Improvement Agreement are herein incorporated by reference. D. The Subdivider is currently processing an application before the City for approval of a Specific Plan for property affecting Tract No. 17043 and other related property. Accordingly, the Subdivider requests, and the City concurs, that a further extension of time in which to install the subdivision off-site improvements should be granted. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Recital paragraphs A through D above are by this reference incorporated herein as though fully set forth. 2. The Subdivision Improvement Agreement is hereby extended so that the commencement of construction of the street drainage, domestic water, sanitary sewer and other improvements pursuant to the "Improvement Plans for Tract 17043" shall be deferred for a period of five (5) additional years from the date hereof or until November 1, 2005, whichever comes first, subject to all terms and conditions of said Subdivision Improvement Agreement, as amended. Subdivider shall complete construction twelve (12) months after commencement. 3. Subdivider has furnished the City a Performance Deed of Trust which Deed of Trust was recorded of record in the Riverside County Recorder's office on February 25, 1993 as Document No. 72634. Such Deed of Trust shall continue to apply for the Subdivision Improvement Agreement, as herein amended, to assure the faithful performance of the provisions P/9517.15/AMENDMENT/JMS.CT/100900\09:59AM 11463 of this Agreement and to assure payment of the costs of the labor and materials for the improvements required to be constructed or installed under the terms of the Subdivision Improvement Agreement. 4. Paragraphs 4 and 5 of the First Amendment to the Subdivision Improvement Agreement are incorporated herein by reference. 5. All other provisions of the Subdivision Improvement Agreement, as amended, shall remain in full force and effect. The parties hereto have executed this Agreement as of the day and year first above written. SUBDIVIDER: CITY: PALM HILLS LAND CORP., CITY OF PALM SPRINGS, a California corporation a California municipal corporation By By Edmund J. O'Connor, President City Manager BY ATTEST: Mary Jane O'Connor, Secretary By City Clerk REVIEWED AND APPROVED: By City Attorney y�y P/9517.15/AMENDMENT/JMS.CT/100900\09:59AM 2 RETURN TO: CITY CLERK CITY OF PALM SPRINGS 143 FIRST AMENDMENT aox G PALM SPRINGS, CA 92203 TO 7/ SUBDIVISION IMPROVEMENT AGREEMENTS _ --- WITH TIIE CITY OF PALM SPRINGS THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT is made and entered into this 2nd day of December, 1992, by and between PALM HILLS LAND CORP., a California corporation (hereinafter referred to as the "Subdivider"), and THE CITY OF PALM SPRINGS, a municipal corporation of the State of California (hereinafter referred to as the "City"), and is made with reference to the following recitals: RECITALS : A. City and Environmental Research and Development Corporation ("ERDC") entered into a Subdivision Improvement Agreement dated May 11, 1984, affecting Tract No. 17043 in the City of Palm Springs. B. Edmund J. O'Connor and William F. O'Connor (the "O'Connors") guaranteed said Subdivision Improvement Agreement by that certain Guaranty Agreement dated May 14, 1984, as a material inducement to City approving the Subdivision Improvement Agreement, and on condition that the O'Connors could succeed to the rights and obligations of the Subdivision Improvement Agreement should they foreclose their Deed of Trust on Tract 17043. C. The O'Connors acquired title to Tract 17043 at a foreclosure sale conducted June 27, 1989, evidenced by Trustee's Deed Upon Sale dated June 27, 1989, recorded June 28, 1989, as Instrument No. 213964 in the Official Records of Riverside County, California. The O'Connors conveyed Tract 17043 to Subdivider, their wholly owned corporation, by Grant Deed dated September 25, 1991, and recorded November 15, 1991, as Instrument No. 397934, in the Official Records of Riverside County, California. 0/6315.30/A-IMPROVE.DLR/CWM/120392 D. Through acquiring title to Tract 17043, Subdivider has succeeded to the development rights under Tract 17043 and the rights and obligations under the Subdivision Improvement Agreement. The City desires to acknowledge the Subdivider's succession to those rights and obligations. E. Subject to certain conditions contained in the Subdivision Improvement Agreement, the Subdivider had until one hundred eighty (180) days from the approval of the improvement plans for Tract 17043, by the City Engineer, in which to commence installation of all of the off-site public improvements described in said Subdivision Improvement Agreement, and twelve (12) months thereafter to complete the same. F. As the result of the current depressed state of the real estate market in the desert area and as a result of the Subdivider's recent acquisition of Tract 17043 from ERDC and desire to restudy the most probable method of developing the property, the Subdivider requests and the City concurs that a further extension of time in which to install the subdivision off-site improvements should be granted. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Recital paragraphs A through F are by this reference incorporated herein as though fully set forth. 2. City hereby acknowledges that Subdivider has succeeded to the development rights under Tract 17043 and the rights and obligations of the Subdivision Improvement Agreement. Subdivider hereby assumes each and every covenant, term, condition, and obligation of the Subdivider under the Subdivision Improvement Agreement, as amended by this Agreement. 3. The Subdivision Improvement Agreement-is hereby extended so that the commencement of construction of the street, drainage, domestic water, sanitary sewer and other improvements pursuant to the "Improvement Plans for Tract 17043" shall be deferred for a period of five (5) 0/6315.30/A-IMPROVD.DLR/CWM/120392 2 09& additional years from the date hereof or until November 1, 1997 ("Termination"), whichever comes first, subject to all of the terms and conditions of said Subdivision Improvement Agreement, as amended. Subdivider shall complete construction 12 months thereafter. 4. Throughout the term of this Agreement, including any extensions thereof, pursuant to Section 5 below, City shall have the right to give Subdivider a six (6) month notice requiring the Subdivider to commence construction of the improvements called for by the Subdivision Improvement Agreement. If the City gives such notice, Subdivider shall have twelve (12) months to complete such construction. 5. If the City elects not to give the six month notice during the term of this Agreement, then not more than ninety (90) days prior to, but not less than sixty (60) days prior to, Termination or the Termination of any extended term of this Agreement, Subdivider shall give notice to the City that either Subdivider shall commence construction of the subdivision improvements or Subdivider desires to delay construction of the subdivision improvements for a period of one additional year from Termination or the Termination of any properly extended term hereunder. Subdivider may elect to delay or extend the performance of the Subdivision Improvement Agreement pursuant to this paragraph annually for a period of up to three additional years from Termination. Failure of the City to provide the six month notice to commence construction of the improvements pursuant to Section 4 above, or to otherwise enforce the provisions of this Agreement during the term hereof, shall not be deemed a waiver of its rights to enforce this Agreement or to foreclose the Performance Deed of Trust. Execution of this First Amendment shall constitute a waiver of any default of Subdivider which may exist as of the date of this First Amendment. 6. Subdivider shall furnish to the City a new Performance Deed of Trust in the form of the attached Exhibit "A," which is herein incorporated by reference, to assure the faithful performance of the provisions of this Agreement and to assure payment of the cost of the labor and materials for 0/6315 30/AAMPROVE.DLR/CWM/120392 3 )/ the improvements required to be constructed or installed under the terms of the Subdivision Improvement Agreement. 7. All other provisions of the Subdivision Improvement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVIDER: CITY: PALM HI AN PORATION, a Cl%PALM RI GS, aCalif orati C ration B E J. / CONNOR, President City Manager B ATTEST: WILLIAM F. O'CONNOR, Vice President BYE_, ! City Clerk REVIEWED AND iAPPROVED: BYE~-Zn&�%fir/Q�CC+//f 6 LI City Attorney 0/6315.30/A-IMPROVE DLR/CWM/120392 4 0 0 RESOLUTION NO. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT NO. 2171 WHEREAS, the City of Palm Springs and Environmental Research and Development Corporation entered into an Agreement on May 11, 1984, to accept security for required improvements of Tract Map No. 17043 (duly filed in the County of Riverside Recorder's Office); and WHEREAS, securities for the improvements required as a condition precedent to the filing of the final Subdivision Map of Tract 17043 were placed with the City of Palm Springs; and WHEREAS, the owner of said subdivided lands requested a First Amendment to the Subdivision Improvement Agreement involving a) time extension for a five year period within which to complete the improvements and b) a substitution of security in the form of a Deed of Trust to the City of Palm Springs (recorded in the Riverside County Recorder's Office on February 25, 1993 as Instrument No. 72634) which would insure faithful performance of said improvements; and WHEREAS, the City Council of the City of Palm Springs approved said First Amendment to the Subdivision Improvement Agreement per Resolution No. 17995 on December 2, 1992; and WHEREAS, the First Amendment to the Subdivision Improvement Agreement also provided for the Subdivider to elect to delay or extend the performance of the Subdivision Improvement Agreement annually for a period of up to three (3) additional years from Termination. The Subdivider exercised its options through November 1, 2000; and WHEREAS, Palm Hills Land Corporation, a California corporation, (the current owner) is requesting a Second Amendment to the Subdivision Improvement Agreement for an additional five (5) years commencing November 1, 2000, subject to all terms and conditions of said Subdivision Improvement Agreement, as amended. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, does hereby approve the Second Amendment to the Subdivision Improvement Agreement with the City of Palm Springs, accepts substitution of security, and directs the City Clerk to record same. ADOPTED THIS day of 2000. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: ��