HomeMy WebLinkAboutContract 1362-11 , • - 1 .62 - II
DOC # 2014-0130398
Recording Requested By: } 04/10/2014 08:33A Fee:NC
CITY OF CATHEDRAL CITY Page f of 6
} Recorded in Official Records
} County of Riverside
And when recorded mail to: Larry W. ward
} Assessor, County Clerk & Recorder
CITY CLERK } IIIIII III III III VIII II IIII VIII VIII I ilI DI III
CITY OF CATHEDRAL CITY } —
68700 AVENIDA LALO GUERRERO } S R U PAGE SIZE DA MISC LONG RFD COPY
CATHEDRAL CITY CA 92234 })
Exempt from Recording Fees } M A L 465 6 426 PCOR NCOR SMF cl EXAM
Per Government Code Sec. 6103 } 1.4(t4(, c.C. IT: CTY UNI
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AMENDMENT NO. 3 TO IMPROVEMENT 809
AGREEMENT FOR CONDITIONAL USE PERMIT CUP 08-006
STAYBRIDGE AT LANTANA HOTEL
THIS THIRD AMENDMENT to the Improvement Agreement for Conditional Use Permit
CUP 08-006, ("Amendment No. 3") is entered into this /Z day of ,
20.4 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 30tn 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. The Original Agreement,
Amendment No. 1 and Amendment No. 2 collectively shall be referred to herein as the
"Improvement Agreement"; and
4845-3792-2071.1 1
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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, 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, 2014; and
WHEREAS, Developer cites the past 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 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. 3.
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated into the operative provisions of this Amendment No. 3 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, 2015, 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.
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2. Section 2(c) of the Original Agreement is hereby amended in its entirety to read
as follows:
Developer agrees that 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 GMP contract, or by such security as the City shall
approve and deem an adequate substitute following Developer's written request.
Prior to commencing construction, Developer shall provide City with a copy of its
GMP contract which evidences such completion bond or shall post/provide such
other security ensuring the completion of the Private Improvement work as the
City shall have requested and approved.
3. Except as modified by this Amendment No. 3, all other terms, conditions,
provisions, obligations and covenants set forth in the Improvement Agreement shall
remain in full force and effect.
[END OF PAGE — SIGNATURE PAGE FOLLOWS]
4845-3792-2071.1 3 I 04/01 2014 08333R
y
IN WITNESS WHEREOF, City and Developer have executed this Amendment No. 3 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 T
GROUP, L.L.C., a California limited CHARLES McCLENDON
liability company, Its General Partner City Manager
By: ,
oe Nasr,
Its Manager
ATTEST
/'Gary F. Howell
Gt
City Clerk
APPROVED S JA�-FORM
City Attorney, :a7
APPROVED AS 76 CONTENT:
Bill Simons
City Engineer
(Proper Notarization of Developer's Signature is required and shall be attached)
P:V\PPS\WPDATA\CATH\0006-40 CIMMARON-STAYBRIDGE\DOC\233.5.1-THIRD AMENDMENT TO IMPROVEMENT AGREEMENT_V2_(GRO)REV TLT 011614 CLEAN.DOC
4845-3792-2071.1 4 11W lIUll UI VIII IWII VIII VIII III 1101 1 II 04, 0, 833A
STATE OF TEXAS
COUNTY OF HARRIS 12(Qbe1%7&On � rtli Jt , , before me, / v t1/e , Notary Public,
personally appeared Moe Nasr who proved to me on the basis of satisfactory eviden 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
core t.
W t'-ss my hand an s official seal.
( /
/A 6)46 o. AA Nicole Voraberger
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'9rGNATU' OF NOTARY '1 h My Commission Expires
10/08/2017
IIII III VIII III)IIII 04 294-01309
61-0130398
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.
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