HomeMy WebLinkAboutContract 1362-10 13k02
Recording Requested By: }
CITY OF CATHEDRAL CITY }
DOC p 2013-0540962
} 11/14/2013
And when recorded mail to: l} Customer Copy Label
CITY CLERK i The paper to which this label is
f affixed has not been compared
CITY OF CATHEDRAL CITY } with the filed/recorded document
68700 AVENIDA LALO GUERRERO } Larry W Ward
County of Riverside
CATHEDRAL CITY CA 92234
} Assessor, County Clerk & Recorder
}
Exempt from Recording Fees }
Per Government Code Sec. 6103 }
AMENDMENT NO. 2 TO IMPROVEMENT
AGREEMENT FOR CONDITIONAL USE PERMIT CUP 08-006
STAYBRIDGE AT LANTANA HOTEL
THIS SECOND AMENDMENT to the Improvement Agreement for Conditiwal Use
Permit CUP 08-006, ("Amendment No. 2") is entered into this 2Y - day of
,J / , 2013, 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. 2 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 30t 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. The Original Agreement
and Amendment No. 1 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 ("Completion Date"); and
4822-5160-5266.1 1
WHEREAS, Amendment No. 1 extended the Completion Date to January 9, 2013; and
WHEREAS, the building permit for the main hotel building was issued on March 10,
2010, and no substantial work has been done since that date toward the completion of
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, 2013; and
WHEREAS, Developer cites the current poor economy and financing difficulties 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 terms of the Improvement Agreement 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. 2.
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated into the operative provisions of this Amendment No. 2 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:
Developer shall complete all of the Improvements and related work described
above in Section 1(b) by January 9, 2014, 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. Except as modified by this Amendment No. 2, all other terms, conditions,
provisions, obligations and covenants set forth in the Improvement Agreement shall
remain in full force and effect.
4822-5160-5266.1 2
IN WITNESS WHEREOF, City and Developer have executed this Amendment No. 2 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 i°4
GROUP, L.L.C., a California limited Andy Hall
liability company, Its - eral Partner City Manager i
Moe Nasr,
Its Manager
ATTEST/
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_:fir►.
DE.e71c►-•yCt
•PROVED AS TO FORM:
D, City Attorney
APPROVED AS TO CONTENT:
.n ineer
ty 9
(Proper Notarization of Developer's Signature is required and shall be attached)
CATH\0006-40\DOC230.3 Second Amend to Imp.Agmt 011013 tit
4822-5160-5266.1 3
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.
III
4822-5160-5266,1 4
STATE OF TEXAS
COUNTY OF HARRIS )
On ivyka 0 _, before me. rw[C 1. 4Ce( Notary Public,
personally appeared Moe Nasr who proved to me on the basis of satisfactory evidence, to\be the 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 paragraph is true and
correct.
Witnes my hand and official seal.
L ..:∎7t:,'", NICOLE VORABERGER
• `r Notary Public,State of Texas
SI I NATURE OF NIT•j �,. 41 My Commission Expires
%;;lai,E',, October 08,2013