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HomeMy WebLinkAboutContract 1934 ( LI AGREEMENT TO POSTPONE ADMINISTRATIVE APPEAL HEARING FOR CUP NO. 19-019 AT APPLICANT'S REQUEST This Agreement to postpone the administrative appeal hearing for CUP No. 19-019("Agreement") is entered into by and between David Herman on behalf of 35900 Date Palm LLC aka Cathedral City Event Center ("Appellant") and the City of Cathedral City ("City"). Appellant and City are collectively referred to as "the Parties" and individually as a"Party." RECITALS A. WHEREAS, on November 26, 2019, Appellant submitted an application to establish an event center utilizing an existing structure with exterior modifications, as well as to construct an outdoor event space in the parking area("CUP No 19-019"or"Project"); B. WHEREAS, on August 18, 2021, the Planning Commission denied Project due to Appellant's expressed disagreement with the Project's conditions of approval and Project's resultant incompatibility with surrounding land uses and inconsistency with the City's Municipal Code and General Plan; C. WHEREAS, on August 30,2021, the Appellant submitted an application appealing the Planning Commission's decision to deny the Project ("Appeal") and also requesting a de novo review of CUP No. 19-019; D. WHEREAS, pursuant to section 9.72.090 of the Municipal Code, a de novo review is limited to reviews initiated by the City Council.The City Council has not initiated a review of CUP No. 19-019 and therefore a de novo review as described in section 9.72.090 is inappropriate here; E. WHEREAS, pursuant to section 9.72.080 of the Municipal Code, the City Council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the Council; F. WHEREAS, a public hearing to consider the Appeal was scheduled for a regularly-held City Council meeting on October 27, 2021; G. WHEREAS, on October 8, 2021, the City received an e-mail from Appellant's representative requesting a postponement of the Appeal hearing until sometime in 2022 due to Appellant's health concerns; and H. WHEREAS, the City is amenable to the requested postponement provided that Appellant acknowledges that the postponement is not depriving Applicant of a timely appeal as provided for in the Municipal Code or as may otherwise be applicable under state law. 1 RIV 44849-2609-3310 v3 . e•//; /Q• %y Z NOW, THEREFORE, the Parties hereto agree, warrant, and represent as follows: TERMS The above recitals are hereby incorporated as terms herein. 1. POSTPONEMENT OF APPEAL HEARING. a. The Appeal hearing will be postponed to the first available City Council meeting in February 2022. b. Appellant acknowledges and agrees that the postponement of the Appeal hearing as described herein does not deprive Appellant of timely appeal as provided for in the Municipal Code or as may otherwise be applicable under state law. c. No extension of time beyond February 2022 will be permitted unless initiated by City or agreed to by both Parties in writing. 2. NO UNWRITTEN REPRESENTATIONS. Each Party represents that in executing this agreement, the Party does not rely upon and has not relied upon any representation, promise, or statement not expressly contained herein. 3. CALIFORNIA AND FEDERAL LAW. This Agreement is executed and delivered in the State of California, and the rights and obligations of the Parties hereunder shall be construed and enforced in accordance with the laws of the State of California. 4. INTERPRETATION AND CONSTRUCTION. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this document or the documents referred to herein. None of the Parties is to be deemed the Party which prepared this Agreement or caused any uncertainty to exist within the meaning of California Civil Code section 1654. The headings used herein are for reference only and shall not affect the construction of the Agreement. 5. COUNTERPARTS. This Agreement may be executed by the Parties in any number of counterparts,all of which taken together shall be construed as one document. 2 RIV#4849-2609-3310 v3 �%/ /q- 2/ 6. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date of the last signatory to this Agreement. 7. NO THIRD-PARTY BENEFICIARIES. This Agreement is not for the benefit of any person or entity not a party hereto. The Agreement is not intended to constitute a third-party beneficiary contract. 8. AGREEMENT SIGNED KNOWINGLY AND VOLUNTARILY AFTER OPPORTUNITY TO CONSULT WITH COUNSEL. The Parties understand and agree to this Agreement and to the terms and conditions contained herein and enter into this Agreement knowingly and voluntarily. The Parties have been advised that they have the right to seek legal advice with respect to this Agreement and have had the opportunity to consult with counsel. The Parties have investigated the facts pertaining to this Agreement and all matters pertaining thereto as deemed necessary. The Parties have relied on their judgment, belief, knowledge, understanding, and expertise after consultation with their counsel concerning the legal effect of the Agreement and its terms. 3 �U 2 / RIV#4849-2609-3310 v3 " , 9. SAVINGS CLAUSE. If any term,condition,provision or part of this Agreement is determined to be invalid,void or unenforceable for any reason,the remainder of this Agreement will continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.g "City" Dated: 11 .b3.wzl City of Cathedral City B lite ► Y r., , Raym'i a Gre_. ,' ;yor ATTEST: Ai . .. IAi_I . _ .J Tracey Ma l' ez, Ci Clerk APPROVED AS TO FORM: _, C4, Eric S. Vail, City Attorney "Appellant" 35900 Date Palm LLC aka Cathedral City Event Center Dated: /0 /'/ 2/ / 1 By David Herman 4 RIV#4849-2609-3310 v3 14 ,0. 4l 2/