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HomeMy WebLinkAbout97-113 CC ResolutionRESOLUTION NO. 97-113 A RESOLSON OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AGRF_,~NT REGARDING TEMF.,CLR,A RESIDENT GOLF DISCOUNTS AND PARK WHEREAS, concurrent with the execution of this Agreement, the City Council conducted a public hearing pertainingl to Planning Application No. PA97-0204 (Amendment and Restatement of the Development Agreement for Specific Plan No. 199) on October 7, 1997, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA97-0204; WFIlgREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0204; ~, pursuant to Section 12.5 of the Development Agreement, Temelm Hills is entitled to credits against the Park and Recreation Impact Fees; WHEREAS, Temeku Hills is also the owner of an 18-hole golf course adjacent to the Project, the City is interested in obtaining from Temeku Hills discounted rates for its residents to play the golf course and, pursuant to the terms and conditions of this Agreement, Temeku Hills is willing to grant such discounted ra~es in exchange for additional Park Fee Credits equal to the value of such discounted rates, NOW, T!~EREFORE, THE CITY COUNCIL OF THE CITY OF TI~MF_L-TN_~ DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings; to wit: Findings. That the Temecula City Council hereby makes the following A. That the development tO be carried out pursuant to the Development Agreement is consistent with the General Plan for Temecula and with all applicable requirements of State law, City ordinances and Specific Plan NO. 199. B. The overall development of the land is designed for the protection of the public health, safety and general welfare. Section 2. F. nvironmenta[ Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional Resos/97-113 1 studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous ErR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staffs analysis, the project is consistent with the information contained in the previously certified ErR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional ErR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the ErR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. The City Council hereby approves that certain agreement entitled 'Agreement Regarding Temecula Resident Golf Discounts and Park and Recreation Impact Fee Credits' for Temeku Hills, and authorizes the Mayor to execute the Agreement in substantially the form of Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. Resos/9?-113 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 7th day of October, 1997. Patricia H. Birdsall, Mayor ATTEST: /~. Greek, CMC/AAE : City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June $. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 97-113 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 7th day of October, 1997 by the following vote, to wit: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None June S. Greek, CMCIAAE City Clerk Resos/97-113 3 EXHIBIT "A" AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS (Temeku Hills) TI-HS AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS (this "Agreement") is entered into as of this day of October, 1997, by and between the City of Temecula, a California municipal corporation ("City"), and Temeku Hills Development Partners, L.P., a California limited parmership CTemeku Hills"). RECITALS A. Concurrent with the execution of this Agreement, City and Temeku Hills have entered into that certain Amendment and Restatement of Development Agreement (the "Development Agreement") covering that certain 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temeku Hills Golf and Country Club (the "Project"). The Project is more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference. Unless otherwise deftned, the capitalized terms used herein shall have the same meanings as set forth in the Development Agreement. B. Pursuant to Section 12.5 of the Development Agreement, Temeku Hfils is entitled to credits against the Park and Recreation Impact Fees, including the Development Agreement Fee, paid by Temeku Hills (or any other Owner within the Project) as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of a park within the Project (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Credits"). As a result of the Park Fee Credits, the Park and Recreation Impact Fees, including the Development Agreement Fee, otherwise paid by Temeku Hills (or any other Owner within the Projec0 as a component of the City Public Facil~es Fee shall be eliminated until such time as the Park Fee Credits have been exhausted. C. Temeku Hills is also the owner of an 18-hole golf course adjacent to the Project, more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Golf Course"). The Golf Course will provide additional recreational opportunities for Temecula residents. City is interested in obtaining from Temeku Hills discounted rates for its residents to @lay the Golf Course in order to increase the availability of these recreational activities and, pursuant to the terms and conditions of this Agreement, Temeku Hills is willing to grant such discounted rates in exchange for additional Park Fee Credits equal to the value of such discounted rates for each year this Agreement is in effect. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: OPERAITv'E PROVISIONS 1. Tcmecula Residents Discounts. (a) Temeku Hills shall offer all City residents, upon presentation of satisfactory proof o:f such residency (as may be reasonably determined by Temeku Hills and City), and only during the Discou!lt Periods (as defined in Paragraph 2 below), discounts to play the Golf Course (the "Resident Golf Discounts") equal to: (a) twenty-one percent (21%) of the amount for green fees only (curnmtly $24 per golfer per round), and specifically not for golf cart rentals (currently $11 per golfer per round), as the same may exist from time to time, on Mondays through Fridays ("Weekdays'); and (b) eighteen percent (18%) of the amount for green fees only (currently $38 per golfer per round), and specifically not for golf cart rentals (currently $11 per golfer per round), as the same may exist from time to time, on Saturdays and Sundays ("Weekends'). The Resident Goff Discounts shall be rounded either up or down to the closest dollar. Based on these current grin fees, the Resident Golf Discounts would be $5 per golfer per round on Weekdays, and $7 per golfer per round on Weekends. 0a) Persons exercising the Resident Golf Discounts shall be subject to space availability on a first come, first served basis at the Golf Course during the Discount Periods (as def'med in Paragraph 2 below) and shall not apply to the cost of golf cart rentals or any other services offered at the Golf Course from time to time. (c) Temeku Hills reserves the right to increase or decrease green fees at any time, and from time to time, in its sole and absolute discretion; provided, however, the percentages determining the Resident Golf Discounts as set forth in subparagraph l(a) above shall apply to the green fees as they may be determined by Temeku Hills, and as they may exist, from time to time. 2. Discount Periods Schedule. The Resident Golf Discounts shall be available to Temecula residents only at the following days and times (the "Discount Periods'): (a) Weekdays b~fore 7:30 a.m. all year long (for Discount Periods of .5 hours for weekdays during the months of November through April ("Winter Months"), and 1.0 hour for weekdays during the months of May through October ("Summer Months")); (b) Weekdays from 10:00 a.m to 12:30 p.m. during Winter Months (for Discount Periods of 2.5 hours for weekdays during Winter Months); (c) Weekdays f'~om 11:00 a.m to 1:30 p.m. during Summer Months (for Discount Periods of 2.5 hours for weekdays during Summer Months); (d) Weekends from 10:30 a.m. to 12:30 p.m. during Winter Months (for Discount Periods of 2 hours for weekend days during Winter Months); and GOLF2.AGM/! 8536.001/100197 -'~- (e) Weekends from 11:00 a.m to 1:30 p.m. during Summer Months (for Discount Periods of 2.5 hours for weekend days during Summer Months). 3. Temecula Residents~ Reservations. In order to more fully utilize the Resident Golf Discounts during Discount Periods, City residents shall have the right to make reservations for two (2) or more golfers eight (8) days in advance for tee times at the Golf Course during Discount Periods. Non-City residents shall have the right to make reservations for two (2) or more golfers seven (7) days in advance for tee times at the Golf Course during Discount Periods. 4. Amount of Park Fee Credits. (a) City and Temeku Hills hereby understand and agree that for purposes of this Agreement 28 golfers per hour could be accommodated during Discount Periods. Based thereon, the value of the Resident Golf Discounts for any particular year shall be determined as follows: Weekdays. On a monthly basis, multiply 28 golfers per hour by the number of hours per day the Weekday Resident Golf Discount is available (3 hours for Winter Months and 3.5 hours for Summet Months). Then, multiply such amount by the number of Weekdays in that month and, then, multiply such product by the amount of the then applicable Weekday Resident Golf Discount (currently $5). This calculation provides the value of the Weekday Resident Golf Discount for that month. The value of the Weekday Resident Golf Discount for any given year is determined by adding together the value of the Weekday Resident Golf Discounts for each month in that year. Weekends. On a monthly basis, multiply 28 golfers per hour by the number of hours per day the Weekend Resident Golf Discount is available (2 hours for Winter Months and 2.5 hours for Summer Months). Then, multiply such amount by the number of Weekend days in that month and., then, multiply such product by the amount of the then (b) City and Temeku Hills hereby understand and agree that Temeku Hills shall receive, on an annual basis, additional Park Fee Credits in the amount of seventy-five percent (?5%) of the Annual Resident Golf Discounts Value (as shown as a *Grand Total~ of $164,724 on Exhibit "C~ for the first year of this Agreement), as the same may be modified in accordance with subparagraph 4(c) below. Based on the foregoing, and absent any modification in accordance with subparagraph 3(c) below, Temeku Hills shall receive additional Park Fee Credits in the amount of $123,543 (.?$ x $164,724) for the ir~rst year of this Agreement. (c) Temeku Hills shall have the right, once a year during the term of this Agreement, and upon written notice delivered to City pursuant to Paragraph 8 below, to cause an adjustment in the amount of the benefit of the then applicable Annual Resident Golf Discounts Value (with a corresponding adjustment in the amount of additional Park Fee Credits for such year) by: (i) increasing, in its sole and absolute discretion, the percentages determining the Resident Golf Discounts; and/or (ii) increasing or decreasing the green fees determining the Resident Golf Discounts (although Temeku Hills shall have the unilateral right to increase or decrease green fees for the Golf Course as often as Temeku Hills shall determine in its sole and absolute discretion). Within thirty (30) days of City's receipt of any such notice (including a proposed and revised Exhibit "C* showing the calculation of the Annual Resident Golf Discounts Value), City shall verify and acknowledge in writing the recalculated amount of the Annual Resident Golf Discounts Value (along with the corresponding adjustment in the amount of additional Park Fee Credits for such year). (d) Notwithstanding the provisions of subparagraph 4(c) above, upon written notice from Temeku Hills within dirty (30) days of each anniversary date of this Agreement (including a proposed and revised Exhibit *C" showing the calculation of the Annual Resident Golf Discounts Value for the upcoming year), City shall verify and acknowledge in writing the amount of the Annual Resident Golf Discounts Value for the upcoming year (along with the corresponding adjustment in the amount of additional Park Fee Credits for such year). 5. Use of Park Fee Credits. As a result of the additional Park Fee Credits obtained by Temeku Hills pursuant to the terms of this Agreement, the Park and Recreation Impact Fees, including the Development Agreement Fee, paid as by Temeku Hills (or any other Owner in the Project) as a component of the City Public Facilities Fee shall be eliminated until such time as these additional Park Fee Credits have been exhausted. 6. Accounting of Pa~ Fee Credits. City shall maintain books and records accounting for the balance of the Park Fee Credits, as the same may be used from time to time by Temeku Hills (or other Owners within the Project) as set forth in Section 5 above, and upon written request, shall provide Temeku Hills with a written report accounting for the use of the Park Fee Credits to date. GOLF2.AGM/I 8~36.001/100197 ~ (a) The term of this Agreement shall commence on November 1, 1997 and shall extend for a period of four (4) years. Thereafter, upon mutual written consent of the parties hereto, this Agreement may be extended from year to year. (b) This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a result of any lawsuit fried against directing the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement. 8. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Clerk With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Teme!~ Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Teme~ula, CA 92591 Attention: Samuel C. Alhadeff, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter aotices shall be addressed and transmitted to the new address. GOLFi.AGM/I 8.~.001/10019e/ -5- - 9. Miscellaneous Provisions. (a) If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. (b) This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings Or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. (c) If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. (d) This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the draining party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. (e) All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. (0 As used herein, the singular of any word includes the plural. (g) Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. (h) Failure by a party to insist upon the strict performance of any of the provisions of thi.~ Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. GOLF2.AGM/I ~.001/100197 -6- (i) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provisio!~ of this Agreement. O) The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. (k) The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. (1) This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. (m) Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be f'ried and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. (n) Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and frie or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. (o) Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, parmership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity m the performance of its obligations hereunder. GOLF2.AGM/I 8536.001/100197 -7- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. ~CITY ~ C~ty of Temecula ATTEST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a California limited parmership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: I~s: By: Its: GOLF2.AGM/I 8S36.001/10019'/ °8-