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.
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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.
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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.
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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
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Raym'i a Gre_. ,' ;yor
ATTEST:
Ai . .. IAi_I . _ .J
Tracey Ma l' ez, Ci Clerk
APPROVED AS TO FORM:
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Eric S. Vail, City Attorney
"Appellant"
35900 Date Palm LLC aka Cathedral City Event Center Dated: /0 /'/ 2/
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By
David Herman
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