HomeMy WebLinkAboutRecorded Doc 2015-026 2015-026 .2c15
DOC # 2015-0134458
04/02/2015 04:0 5P Fee:NC
Recorded inofffcial Records
PLEASE COMPLETE THIS INFORMATION County
RECORDING REQUESTED BY: Peter Ald iana
CITY OF CATHEDRAL CITY Assessor, County Clerk & Recorder
IIIIIIiIII
(IIII Ilill IIII IIIIII
VIII III VIII IIII IIII
AND WHEN MAIL TO:
CITY CLERK
CITY OF CATHEDRAL CITY S R U PAGE SIZE DA MISC LONG RFD COPY
68700 AVENIDA LALO GUERRERO 1 7
CATHEDRAL CITY CA 92234 M A L 465 426 PCOR NCOR SMF CN6H9 EXAM
k.1
*WA CI " I T: CTY UNI e47 I C
817
Exempt from Recording Fees per Space above this line for recorder's use only _ ��
Gov. Code Sec.6103
AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT FOR CONDITIONAL
USE PERMIT CUP 08-006 STAYBRIDGE AT LANTANA HOTEL
Title of Document
This Document Amends:
Doc.#2012-0251078 recorded 05/31/2012
Doc.#2013-0540962 recorded 11/14/2013
Doc.#2014-0130398 recorded 04/10/2014
TRA: N/A
DTT: N/A
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
ACR 238(Rev.03/2008)
Recording Requested By: }
CITY OF CATHEDRAL CITY }
And when recorded mail to: }
}
}
CITY CLERK }
CITY OF CATHEDRAL CITY }
68700 AVENIDA LALO GUERRERO }
CATHEDRAL CITY CA 92234 }
Exempt from Recording Fees }
Per Government Code Sec. 6103 }
}
AMENDMENT NO. 4 TO IMPROVEMENT
AGREEMENT FOR CONDITIONAL USE PERMIT CUP 08-006
STAYBRIDGE AT LANTANA HOTEL
THIS FOURTH AMENDMENT to the Improvement Agreement for Conditional Use
Permit CUP 08-006, ("Amendment No. 4") is entered into this /I day of gekffeetfy,MApsk
2015, by and between Cathedral Hotel Group, L.P., a California Limited Partnership
("Developer"), and the City of Cathedral City, a California municipal corporation
("City"). Developer and City are from time to time collectively referred to herein as the
"Parties".
RECITALS
WHEREAS, the City and Developer previously entered into that certain Improvement
Agreement for Conditional Use Permit CUP 08-006, dated December 14, 2009, which
agreement is incorporated into this Amendment No. 3 by this reference as if set forth
fully herein, (the "Original Agreement"), in connection with the development of a 160+
unit hotel on property south of 30th Avenue and adjoining the east side of the
Whitewater River, as described in the attached Exhibit "A"; and
WHEREAS, the City and Developer previously entered into that certain Amendment No.
1 to Improvement Agreement, dated May 10, 2012 ("Amendment No. 1"), which
amendment is hereby incorporated herein by this reference; and
WHEREAS, the City and Developer previously entered into that certain Amendment No.
2 to Improvement Agreement, dated July 24, 2013 ("Amendment No. 2"), which
amendment is hereby incorporated herein by this reference; and
WHEREAS, the City and Developer previously entered into that certain Amendment No.
3 to Improvement Agreement, dated March 12, 2014 ("Amendment No. 3"), which
amendment is hereby incorporated herein by this reference. The Original Agreement,
CATH\0006-40\240.11-AMENDMENT TO IMPROVEMENT AGREEMENT_V5_LBBS FINAL 022415
1
III 111111 IVII II I I 1 I I VII II Fa4.°2 c ; 4J15P
Amendment No. 1, Amendment No. 2 and Amendment No. 3 collectively shall be
referred to herein as the "Improvement Agreement"; and
WHEREAS, Section 1(c) of the Original Agreement required that all of the public and
private improvement work required by the Conditions of Approval for the hotel project
were to have been completed within twenty-four (24) months of the date of issuance of
the building permit for the main hotel building, or prior to the City's issuance of any
permanent Certificate of Occupancy for any portion of the hotel building, whichever date
occurred first (the "Completion Date"); and
WHEREAS, Amendment No. 1 extended the Completion Date to January 9, 2013; and
WHEREAS, Amendment No. 2 extended the Completion Date to January 9, 2014; and
WHEREAS, Amendment No. 3 extended the Completion Date to January 9, 2015; and
WHEREAS, the building permit for the main hotel building was issued on March 10,
2010, and with City permission, Developer has commenced but not completed the
public and private improvement work required by said Original Agreement, and it is
unlikely that all of said work will be completed by January 9, 2015; and
WHEREAS, Developer cites the past poor economy and market conditions as reasons
for Developer's inability to complete the required public and private improvements
pursuant to the Original Agreement in a timely manner, but still wishes to keep the
Improvement Agreement current and in full force and effect, and has requested that the
term of the Improvement Agreement again be amended to extend the date for
completion of the remaining work; and
WHEREAS, Section 19 of the Original Agreement provides that for good cause, and
subject to the limitations set forth therein, the time for completion of the improvements
may be extended by the City Manager of the City in a writing executed by the Parties;
and
WHEREAS, there appearing to be good cause, the Parties hereto desire to extend the
date for completion of the public and private improvements specified within the
Improvement Agreement by the approval and execution of this Amendment No. 4.
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated into the operative provisions of this Amendment No. 4 by this reference,
and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, City and Developer hereby agree as follows:
1. The first sentence of Section 1(c) of the Original Agreement is hereby amended
to read as follows: IIIIllhiI!IIlIIIill 111111111 111111 liii!Ii 4 3p1 @i1,{ 451,F,
-_-- IIIII IIII IIII .j �£ 7
OATH\0006-401240.11-AMENDMENT TO IMPROVEMENT AGREEMENT-V5-LBBS FINAL 022415
Developer shall complete all of the Improvements and related work described
above in Section 1(b) by January 9, 2016, or prior to the City's issuance of any
permanent Certificate of Occupancy or other evidence of completion for any
portion of the hotel building or its suitability for commercial use and occupancy,
whichever date occurs first.
2. Section 2 (c) of the Original Agreement is hereby amended in its entirety to read
as follows:
(c) Developer agrees that to the extent not already completed, the Private
Improvement work set forth in Exhibit "B" of the Original Agreement shall be included
in the scope of work of Developer's construction contract for the Development and
shall be secured by a completion bond as part of a Guaranteed Maximum Price
("GMP") contract, or by such other security as the City shall approve and deem as
an adequate substitute following Developer's written request.
(i) Prior to such time as Developer begins any actual construction on the
hotel building itself, including any plumbing, electrical, HVAC, framing or
structural work on the hotel building structure or within its building footprint,
Developer shall be required to either: (1) provide City with a copy of its
completion bond along with the relevant portions of the GMP contract which
evidences such Private Improvement work required by the Original Agreement is
included therein; or (2) post/provide to the City such other security ensuring the
completion of the Private Improvement work as the City shall have approved,
following Developer's written substitution request. Regardless of the option
chosen from the preceding sentence, Developer shall provide the City with an
updated Exhibit "B" for approval and for purposes of determining that adequate
security is being provided for the Private Improvement work prior to such time as
the Developer commences work on the hotel building structure as noted above.
(ii) Developer further agrees that within six (6) months of the date Developer
executes this Amendment No. 4, it will complete all of the following: (1) update
the hotel building plans to comply with the 2013 versions of the California
Building Codes (Title 24 of the California Code of Regulations) as last adopted by
the City (collectively hereinafter, "Building Codes") and (2) submit the updated
hotel building plans for review by the City. Developer further agrees that all work
on the hotel building structure, from the date of this Amendment No. 4, shall be
in compliance with such Building Codes.
3. Except as modified by this Amendment No. 4, all other terms, conditions,
provisions, obligations and covenants set forth in the Improvement Agreement shall
remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
X111111111 1111 IIII Hi Ill IN 11 X11 04 Ft1 4 �f a45?5F.
CATI-80006-40A240.11-AMENDMENT TO IMPROVEMENT AGREEMENT_V5_LBBS FINAL 022415
3
IN WITNESS WHEREOF, City and Developer have executed this Amendment No. 4 on
the year and day first written above.
DEVELOPER: CITY:
CATHEDRAL HOTEL GROUP, L.P. CITY OF CATHEDRAL CITY
a California Limited Partnership a California municipal corporation
By: CATHEDRAL HOTEL MANAGEMENT �, ,�, /
GROUP, L.L.C., a California limited harles P. McClendon
liability company, Its General Partner City Manager
By:
oe Nasr,
Its Manager
ATTEST:
111114114.._
ary . Howell
City Clerk
APP'-= ' • AS-TO •RM:
-..ralear Ilk
City Attorney r{,�I
• U
APPRO ED A' T ' NTENT:
J • oea
C ngineer
(Proper Notarization of Developer's Signature is required and shall be attached)
1 94212/75;°6011f53;5 P
CATM0006-401240.11-AMENDMENT TO IMPROVEMENT AGREEMENT_V5_LBBS FINAL 022415
4
EXHIBIT "A"
LEGAL DESCRIPTION OF HOTEL PROPERTY
Parcel "H" as described in the Certificate of Compliance for Lot Merger No. 08-452,
approved by the City of Cathedral City on November 20, 2008, and recorded on
December 1, 2008, as Instrument No. 2008-0631181, in Official Records of Riverside
County, California.
Containing 11.43 acres, more or less.
Assessor Parcels 677-510-007, 008, 009, 010, 018, 028, 031, 032, 043, 054, 055, 058,
059, and 060.
Said Parcel "H" is comprised of:
Lots 8, 9, 10, and 11, and Lots "J" and "K" of Tract No. 26598-1, as filed in Book 242 at
Pages 14 through 17, inclusive, of Maps, records of Riverside County; and
Parcel 1 of Lot Line Adjustment 08-449, as described in the Certificate of Compliance
recorded on December 1, 2008, as Instrument No. 2008-0630881, in said Official
Records; and
Parcel "A" of Lot Line Adjustment 08-450, as described in the Certificate of Compliance
recorded on December 1, 2008, as Instrument No. 2008-0630882, in said Official
Records; and
Parcel "X" of Lot Line Adjustment 08-451, as described in the Certificate of Compliance
recorded on December 1, 2008, as Instrument No. 2008-0630883, in said Official
Records; and
The Westerly 131.88 feet of the Northwest quarter of the Northeast quarter of the
Northeast quarter of Section 17, Township 4 South, Range 5 East, San Bernardino
Meridian.
///
I IIJIII 11111111111111111111111111111111 III 11111 1111 1111 4.EF21 ?f 64. 5p•
CATM0006-40'240.11-AMENDMENT TO IMPROVEMENT AGREEMENT_V5_LBBS FINAL 022415
5
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Tex )
County of Th112i.3 )
?i1 /On ��a �j/ 7 Q/,� , before me, (,(�`t� o/CQ���(��, a Notary Public,
personally appeared Moe Nasr, who proved to me on the basis of satisf�lcto evidence to be the
ry
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing para_+aph is true and correct.
WITNESS , and and official seal.
c
Pioéej ;, * My Commission Expires
///^^^��� Q 10!08!2017
Signature '
11111.111111111 11111 11111111111111111111 III MMMMA AAAI III!
04/0ai Ef?134458
4838-7786-0130.1 - -