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Home My WebLink About05150 - PALM SPRINGS MARQUIS LLC DEVELOPMENT AGR NEVER EXECUTED DOCUMENT TRACKING Page: 1 Report: One Document Detail December 19, 2006 Condition: Document Number a5150, Document# Description Approval Date Expiration Date Closed Date A5150 Development Agreement 0 910 712 0 0 5 Company Name: Palm Spring Marquis LLC Address: Group: COMMUNITY & ECONOMIC Service: Incomplete 1 Missing xRef: COMM & ECON Ins. Status: No Certificate on file. Document Trac kin a items: Due Comoleted Tracking Amount Amount Code Item Description Date Date Date Added Paid Res 21386 - not prov by dept 0910712005 Memo to JR requesting update. 0 312 812 0 0 6 Memo from JR indicating we may have to recind 0W2612006 action. * * * " " END OF REPORT*' �� vl� S PAL/H City of Pall"S rings �h Department of Economje,Development • RM�Ca,o'F c,O�'' ' 6+" 3200 Ta6gvm Canyon Way • palm Sprinp,�CpDrarLlW 9,2262,, "� 1 FO RNA TEL (760)323-R259/5197• FAX:(760)3Z2-9325 •TDD:(760)B64-9527 December 15, 2006 Jeffrey Fromberg, Esq. 2825 East. Tahquitz Canyon Way Suite D1 Pahn Springs, CA 92262 Re: Palm Springs Marquis, LLC Development Agreement Dear Mr. Fromberg= As you know, the City of Pahn Springs approved a Development Agreement with Palm Springs Marquis, LLC on September 7, 2005 related to the expansion of the Marquis Villas time share resort. To this date, the Agreement has not been executed nor has the Developer proceeded with the construction of the project according to the schedule set forth in the Agreement_ I therefore assume the Developer does not intend to move forward on the proposed time share project, I have instructed the City Clerk to close the Agreement. Since the Agreement was never executed, I do not believe the Termination or Default provisions need apply_ Should the Developer or a successor in interest choose to pursue a similar project on the site under similar terns, please feel free to call me and we can negotiate a new agreement. Sincerely, 7ohn_S I2a or of Community& Economic Development cc: Kathie Hart, Chief Deputy City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 City Council Minutes September 7,2005 Page 2 MOTION: Accept the Agenda as amended. Motion Councilmember Pougnet, , seconded by Councilmember Mills and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. The City Council was unable to hear Personal Matters with the General Unit. The City Council received reports, and no reportable actions were taken- 1. PUBLIC HEARINGS: I.A. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO, 2005-2 (ESCENA) CITY OF PALM SPRINGS; AND TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $21,000,000; AND APPROVAL OF A JOINT COMMUNITY FACILITIES AGREEMENT WITH DESERT WATER AGENCY: Mayor Oden opened the public hearing. ACTION: Continue the Public Hearing to October 5, 2005; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Foat, seconded by Mayor Pro Tom McCulloch and unanimously carried. , 1.8. CASE 5.0975 (RELATED CASES TTM 31905, VARIANCE 6.473), AN APPLICATION BY PALM SPRINGS MARQUIS, LLC, FOR A DEVELOPMENT AGREEMENT WHICH INCLUDES A FINANCIAL IMPACT MITIGATION FEE, AN AGREEMENT BY THE APPLICANT TO PAY CERTAIN INFRASTRUCTURE, LANDSCAPING, LIGHTING, AND MAINTENANCE EXPENSES, AND MEMORIALIZING PROPERTY EXPECTATIONS OF THE CITY AND DEVELOPER, LOCATED AT 190 SOUTH CALLS ENCILIA: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 7, 2005, Mayor Oden opened the public hearing, and the following speaker addressed the City Council. ROXANN PLOSS, Palm Springs, stated she has no objections and commented on the FIM fees and the equity between Transient Occupancy Taxes. No further speakers coming forward, the public hearing was closed. , The City Council discussed and/or commented on the following issues relating the Development Agreement: number of net parking spaces City Council Minutes September 7,2005 Page 3 gained, term of the agreement, parking, date to be changed on page 8 of the agreement section 5.2(a), Financial Impact Mitigation (FIM)fees. ACTION: 1) Adopt Resolution No. 21386, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM SPRINGS MARQUIS, LLC, WHICH INCLUDES A FINANCIAL IMPACT MITIGATION FEE, AN AGREEMENT BY THE APPLICANT TO PAY CERTAIN INFRASTRUCTURE, LANDSCAPE, LIGHTING, AND MAINTENANCE EXPENSES, AND MEMORIALIZING PROPERTY EXPECTATIONS OF THE CITY AND DEVELOPER" amending Section 5.2(a) to reflect the Correct commencement date and 2) Authorize the City Manager to execute all necessary documents. A5150. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 1.C. CASE TTM33542 1 5.1038 PD-310 — AN APPLICATION BY VIA ESCUELA LAND PARTNERS, LLC FOR TENTATIVE TRACT MAP 33542 AND PLANNED DEVELOPMENT DISTRICT 310 A TENTATIVE TRACT MAP IS A ONE LOT CONDOMINIUM MAP OF APPROXIMATELY 1.57 ACRES AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE, ZONE C-1 AND R-3, SECTION 3, APN 504-310-035: Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005, Mayor Oden opened the public hearing, and the following speakers addressed the City Council. SKIP GOODELL, Cathedral City, Architect for the Project, provided details on additional space in the courtyards, addressed sound mitigation measures and landscaping. MARK DUPONT, La Qunita, thank the Planning Staff, and requested City Council approval of the project. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following issues relating to the project: no pools or individual unit landscaping has been indicated on the landscape plan, sound mitigation measures, incorporating the Sun Line Bus Stop. ACTION: Adopt Resolution No. 21387, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 33542 AND CASE NO, 5.1038 — CJy council Minutes September 7,2005 Page 4 PD310, FOR A TENTATIVE TRACT MAP FOR A ONE LOT , CONDOMINIUM MAP OF APPROXIMATELY 1.57 ACRES AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE, ZONE C-1 AND R-3, SECTION 3, APN 504-310-035" as amended by modifying condition 12 to include a streetscape plan, conditions 67 and 77 by adding a sentence "The landscape and pool features associated with Unit 7 shall be adjusted to accommodate the required easement" and adding condition 82 to read as indicated in the Memorandum dated September 7, 2005. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. Councilmember Foat stated she has a conflict of interest by proximity for Item 1.D., she owns property within 500 feet of the project, will not participate in the discussion or the vote and left Council Chamber at 7:04 P.M. I.D. CASE TTM31104 AND 5,1049 -- AN APPLICATION BY NEJAT KOHAN TO SUBDIVIDE APPROXIMATELY 1.46 ACRES FOR HOTEL AND RESIDENTIAL CONDOMINIUM USE — THE CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF HOTEL TO CONDOMINIUMS AND THE CONSTRUCTION OF RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY, LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE R3, SECTION 11, APN 507- 183.006: Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005. Mayor Oden opened the public hearing, and the following speakers addressed the City Council, NEJAT KOHAN, APPLICANT, requested City Council support of the project. ROXANN PLOSS, Palm Springs, spoke in support of the project. RANDALL ERICKSON, Palm Springs, spoke in support of the project. SKIP GOODELL, Cathedral City, stated the project is now a CUP not a PUD; commented on the street width and requested support of the project. JOE LUISI, commented on the financial viability of the project, requested City Council support. ' DANA STEWART, Palm Springs, stated her support for the project.