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Home My WebLink About02875 - NE PS PROPERTY OWNERS ASSOCIATION MOU ANNEX 24 25 SPHERE OF INFLUENCE WECS WIND ENERGY . NE PS Property Owners Assoc. Annex 24 & 25 - MOU MEMORANDUM OF UNDERSTANDING AGREEMENT #2875 R17232, 7-31-90 between THE CITY COUNCIL OF THE CITY OF PALM SPRINGS and THE NORTHEAST PALM SPRINGS PROPERTY OWNER'S ASSOCIATION,INC. 1. INTRODUCTION The purpose of this memorandum is to set forth essential agreements between the City Council (City) and the Northeast Palm Springs Property Owners Association (the Association) with respect to the future annexation of certain properties into the City of Palm Springs and the proposed Sphere of Influence expansion application (the Project) for property shown on Exhibit A (the Property) attached hereto. The City and developers intend to enter into formal development agreements pursuant to Government Code Section 65864 through 65869. 5 and Section 9408.00 of the City Zoning Ordinance in conformity with the terms and conditions of the Memorandum of Understanding. 2. PROJECT DESCRIPTION The project will consist of the expansion of the City's Sphere of Influence north of Interstate 10 and annexation of the City' s existing and proposed Sphere of Influence into the City of Palm Springs and to adopt appropriate wind energy development standards which will recognize the legal standing of all existing wind energy conversion system (WECS) entitlements. 3. TERMS The City and the developer agree to comply with the following terms for the purpose of expediting the project. A. That Riverside County Land Use Ordinance #348, Articles XVII (Wind Energy Resource Zone) and Article XVIII, Section 18.41 (Commercial Wind Energy Systems Permits) will be accepted by the City and developers as being generally acceptable insofar as future City zoning standards for wind energy developments. It is further understood that both parties will evaluate certain sections of this ordinance for conformity with existing City ordinances and for appropriate amendments as deemed necessary and desirable. B. That the City will recognize all existing land use entitlements (WECS Permits) previously granted by Riverside County and agrees to designate wind energy resource areas on its General Plan and/or Sphere of Influence Plans. In addition, during the annexation pre-zoning process the City will specifically apply wind energy zoning designations and General Plan Land Use to all existing lands with WECS entitlements. C. The City will adopt specific zoning ordinance criteria for all wind energy and wind energy development standards prior to filing any annexation request for property which currently have a WECS permit. D. That the existing Settlement Agreements unless amended between Riverside County, Bureau of Land Management, developers and Southern California Edison and all provisions contained therein shall remain in full force and effect as to all parties to the Settlement Agreements. E. That the City and developers agree that it is in the best interest of both parties to have binding development agreements in place for each WECS permit prior to annexation of any property which includes WECS permits or appropriate WECS zoning and General Plan Land Use designations. 4. OBLIGATIONS OF THE CITY A. The City will expedite and negotiate in good faith all development agreements and zone changes submitted pursuant to this agreement. B. The City will prepare all necessary General Plan Amendments, Zoning Text Amendments, Zoning Map Amendments, CEQA and other such documents in order to implement the terms of this agreement regarding the expansion of the Sphere of Influence and Annexation. C. The City agrees to work in good faith with all current WECS permit holders and all applicants for WECS permits in the future. 5. OBLIGATIONS OF THE DEVELOPER A. The Association will submit a master development agreement (Agreement) to the City for the purpose of completing the terms of this agreement. The Agreement will be utilized by the City and all WECS permit holders as a guide for executing Pre-Annexation Development Agreements. B. Upon approval of Pre-Annexation Development Agreements the Association will support the City' s proposal to expand the Sphere of Influence and will support the annexation of the proposed and existing Sphere of Influence into the City. C. The Association will assist the City in evaluating revenue generation options. D. The Association will conduct business activities including but not limited to sales transactions which will result in the City receiving additional tax revenues within the City of Palm Springs. E. The Association will utilize its best efforts to secure and utilize convention facilities within the City of Palm Springs for upcoming wind energy meetings, conferences and exhibitions. 6. NOTICES AND OTHER COMMUNICATIONS All notices or other communications which are required or permitted to be given to the parties will be in writing and will be given either by personal service or by mailing the same by certified or registered mail , postage prepaid, return receipt requested, or overnight mail delivery service, addressed as follows: CITY CITY OF PALM SPRINGS P.O. Box 1786 Palm Springs, CA 92263 ATTN: City Manager DEVELOPER NORTHEAST PALM SPRINGS PROPERTY OWNER'S ASSOCIATION Mr. Frederick W. Noble, President P.O. Box 457 North Palm Springs, CA 92258 Mr. Charles T. Schultz Reid & Hellyer 3880 Lemon Street, Fifth Floor P.O. Box 1300 Riverside, CA 92502-1300 If any such notice or other communication is given by personal delivery, then it will be deemed given as of the date of delivery. If any such notice or other communication is given by mail , then it will be deemed given as of the date of receipt, rejection or return undelivered. Addresses to which notices or other communications may be delivered, may be changed from time to time by a notice which is given as provided in this paragraph 2. 7. ASSURANCES Whenever and as often as it is requested to do so by the other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged or delivered, any and all such further documents as may be necessary, expedient or proper in order to achieve the intent of this MOU. 8. COVENANT OF GOOD FAITH In exercising their rights and in performing their obligations as provided in this Agreement, the parties will cooperate with one another in good faith, so the intent of this MOU can be attained. 9. CONDITIONS PRECEDENT This MOU will not be binding on or enforceable against the City until such time as it has been approved by official action of the City Council of the City, as provided in a duly adopted and approved City Council Resolution. 10. COUNTERPARTS This MOU may be executed in counterparts, each of which will be deemed to be an original for all purposes and all such counterparts will constitute one and the same MOU. 11. EXHIBITS Any Exhibit to this MOU is incorporated by reference as though fully set forth hereat. 12. APPROVAL AND IMPLEMENTATION OF AGREEMENT The City acknowledges that the developers have and will extend significant sums of money on designs, plans, engineering, environmental review and legal analysis in connection with the Project. As a material inducement to developer to expend additional sums and effort in performing its obligations as described in this Memorandum, the City will execute and implement this Memorandum and will proceed with the preparation of all documents for purposing of executing and implementing the MOU. Dated this /� C� day of �� ,1990. ATTEST CITY OF PALM SPRIN//GS, CALIFORNIA By City erk — Acting City Manager NORTHEAST PALM SPRINGS PROPERTY OWNERS ASSOCIATION, INC. By F111, F ederick Noble, President REVIEWED & APPROVED: � P17. VFM BY THE CITE' NC1L : of rt Hot City Sphere eof Influence gs I I t : ! .. . ...:.:..... I 1 I 3.....:_.._ :.._ :.:..... .:...:... .:... :.:.,.,... ..:_. .:_.,..: ::..,. . S o. 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