HomeMy WebLinkAboutContract 1560-1 a_ ic-60-1 ORIGINAL .
AMENDMENT NO. 2
TO
PROPERTY TRANSFER AGREEMENT
AND
ESCROW INSTRUCTIONS
This Amendment No. 2 (this "Second Amendment") is to that certain Property
Transfer Agreement and Escrow Instructions dated as of August 28, 2013, by and
between the CITY OF CATHEDRAL CITY SOLELY IN ITS ROLE AS THE
SUCCESSOR HOUSING AGENCY TO THE FORMER REDEVELOPMENT AGENCY
OF THE CITY OF CATHEDRAL CITY, a California municipal corporation ("City" or
"Seller"), and THERMAL LAND, LLC, a California limited liability corporation
("Developer" or "Buyer") (said agreement being referred to herein as "the Agreement").
Collectively said parties may be referred to herein as the "Parties" or individually as a
"Party." This Second Amendment bears, for record purposes only, the date of August
14, 2014.
Section 1. Effect of Second Amendment.
Except as specifically set forth herein, the original terms of the Agreement remain
unmodified or altered, and shall be enforceable on their terms. Defined terms not
otherwise defined in this Second Amendment shall have the same meaning as the term
defined in the Agreement. All original provisions of the Agreement not otherwise
modified by this Second Amendment shall apply to all actions taken under this Second
Amendment as if this Second Amendment was an integral part of the Agreement,
including, but not limited to, the provisions of Section 13 in its entirety.
Section 2. Extension of Time.
Section 5.12 of the Agreement provides that the Close of Escrow shall occur"not
later than February 28, 2014." Amendment No. 1 to the Agreement previously extended
this deadline to August 31, 2014. Section 10 of the Agreement provides that all Project
construction and Property development, as approved and accepted by the City, shall be
completed by February 28, 2015, and imposes damages upon the Developer for a
failure to meet this deadline. Amendment No. 1 to the Agreement previously extended
this deadline to August 31, 2015.
Seller hereby grants to Buyer an additional extension of the time period provided
in Section 5.12 from August 31, 2014, to and including February 28, 2015. No further
extensions may be granted except upon approval of the City Council of the City, as it
may determine in its sole and unrestricted determination. Likewise, the deadline of
August 31, 2015, for completion of the Project set forth in Section 10 of the Agreement
is hereby extended six (6) months, ending on February 28, 2016.
Section 5.10 of the Agreement provides specified conditions for the close of
escrow. In addition to those specified conditions, and as a condition of this Extension of
Time for the Close of Escrow, Buyer shall be required to fulfill all the conditions set forth
on Exhibit "A" by no later than October 31, 2014. Should the conditions in Exhibit "A"
1
i
ORIGINAL
not be fulfilled to the satisfaction of the City Manager by October 31, 2014, this Second
Amendment shall be null and void and of no effect and the extension provided under
this provision shall be cancelled, and Buyer shall be deemed to be in violation and
default of the Agreement.
Exhibit "B" is attached hereto for ease of reference as to the new deadlines
imposed following execution of this Second Amendment.
WHEREFORE, the Parties, intending to be bound hereby, have affixed their
authorized signatures to this Second Amendment.
CITY: DEVELOPER:
City of Cathedral City Thermal Land, LLC
B : / 0, By:
Charles McClendon Charlie Knickerbocker f~
City Manager Managing Member
Attest:
Name: a' •'eF_, City Clerk
Approved as to content:
Ps . P.4
Leisa Lukes
Business Development Administrator
Approved as to form:
Charles Green, City Attorney
2
. .
O
Exhibit "A"
Conditions Required to Be Fulfilled by October 31 , 2014
Completed and Signed Development Application
Payment of any additional deposit required for Design Review
The required number of complete plan sets shall be collated,stapled,folded to a size no larger than 81/2"x 14"
SITE PLAN Requirements
All Site Plans shall have a minimum scale of 1 inch =40 feet and the scale (drawing or graphic) and north arrow shall
be clearly shown on the plans. Please see the Planning Department if you desire any other scales on your plans.
The Title Block on all plans shall include the following:
Name,address, phone, E-Mail, and Fax of applicant, person responsible for preparing the plans, owner of record,and
project engineer and/or architect.
➢ Legal Description for Tentative Tract and Parcel Maps only
➢ Site address
➢ Assessor's Parcel Number of Site
Small scale vicinity map with location of property in relation to major streets (need not be to scale) with a north
arrow. This should be placed on the first page of the plans.
Names of utility purveyors and location of existing known public utilities including sewer, water, gas, cable, solid
waste,telephone,etc.
Provide building setback dimensions from all property lines and from any other structure on site.
Provide names and land uses of adjacent properties
Provide property lines, distance from property line to center line of the street; dedicated rights-of-way,typical street
sections, easements on the site and location of adjacent structures and property improvements within fifty(50)feet
of the subject property.
Provide location, size, shape, height, and use of all structures on the site including any proposed or existing fencing,
gates,walls,driveways,and curbs.
Provide location of mail boxes(if applicable), loading areas,trash enclosures, and landscape areas.
Provide location and names of all streets,alleys,easements, and rights-of-way providing legal access to the property.
Provide any land or right-of-way to be dedicated.
3
• (1REEi IN/\ Ls
Provide the location of all utility poles and street lights on and adjacent to the property.
Show location of all existing fire hydrants,catch basins,gutters,and water main sizes within 200 feet of the project.
Indicate parking lot dimensions and pavement indicators such as loading zones, pedestrian walkways, directional
arrows,etc.,including parking stall sizes,and accessible parking stall and access.
Elevations shall show all dimensions and all sides of the structure.
Provide a roof and floor plan with dimensions.
Provide a cross-section(s) showing roof mounted equipment or projections, and method of screening from public
view.
Indicate building materials and textures on the plans and provide a Material Board and Color Palette not to exceed
8'/:"by 11".
Indicate location of proposed signs,including address numbers,on building elevation with dimensions for preliminary
review(final review and approval of signs requires a separate application).
The Landscape Plans should include the following: staking detail with arbor guards if they are in a turf area, use of
drought tolerant materials, use of concrete mow strip between turf and other surfaces, clear indication where
landscaping will be used to screen mechanical, electrical,or irrigation equipment.
Landscape Legend that shall include a specific symbol for each of the species of landscape material used, its
frequency,caliper size,gallon and/or box size,and whether it is deciduous or evergreen including the percentage.
Existing and proposed pad elevations
Approximate grades of proposed roads and street center lines
Identify all curve radii
Show existing contours with maximum interval as follows:
Slope Interval
Less than 2% 2'
2-10% 4'
Greater than 10% 10'
Identify proposed contours and spot elevations
Identify land subject to overflow,inundation,or flood hazard. (If such conditions exist,additional information may be
required by the Engineering Department.)
Show drainage plan to control on-site and off-site storm runoff, water courses, channels, existing culverts, and drain
pipes, including existing and proposed facilities for control of storm waters, data as to amount of runoff and the
approximate grade and dimensions of proposed facilities.
4
• •
• ORIGINAL
Exhibit "B"
The dates on this Exhibit "B" shall apply following execution of this
Second Amendment.
Schedule of Dates:
• October 31 , 2014 — Deadline for completion of all conditions
listed on Exhibit "A." If such conditions are not met by this
date, the Agreement is null and void.
• February 28, 2015 — Deadline for Close of Escrow (Agreement
Section 5.12)
• February 28, 2016 — Deadline for completion of all Project
construction and Property development (Agreement Section
10).
6