ORD 475U URGENCY ORDINANCE NO. 475U
AN ORDINANCE THE CITY OF RANCHO PALOS VERDES
APPROVING AMENDMENT NO. 5 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT, WHICH EXTENDS THE
DEVELOPMENT AGREEMENT FROM JULY 18, 2008 THROUGH
OCTOBER 22,2008, AND DECLARING THE URGENCY THEREOF.
WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter
into development agreements with private property owners; and
WHEREAS, the Rancho Palos Verdes City Council (the "City Council") previously
adopted Ordinance No. 328 approving that certain Development Agreement (the "Development
Agreement") by and between the City of Rancho Palos Verdes (the "City") and Palos Verdes Land
Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the
Development Agreement), dated as of November 20, 1997, and recorded on December 8, 1997, as
Instrument No. 97-1929840 in the Official Records of Los Angeles County, California; and
WHEREAS, pursuant to Government Code Section 65868, development agreements
may be amended; and
WHEREAS, the City Council previously approved an Amendment to Ocean Trails
Development Agreement (the "First Amendment"), by and between the City and Ocean Trails, L.P., the
successor in interest to Palos Verdes Land Holdings Company, L.P. and the Zuckerman Entities, on
September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official
Records of Los Angeles County, California. Additionally, the City Council previously approved a second
Amendment to the Ocean Trails Development Agreement (the "Second Amendment"), by and between
the City and VH Property Corp., a Delaware corporation, on March 4, 2003, and recorded as Instrument
No. 03-1139102. Furthermore, the City Council previously approved a third Amendment to the Ocean
Trails Agreement (the "Third Amendment") by and between the City and VH Property Corp., a Delaware
corporation, on November 20, 2007. Furthermore, the City Council previously approved a fourth
Amendment to the Ocean Trails Agreement (the "Fourth Amendment") by and between the City and VH
Property Corp., a Delaware corporation, on March 4, 2008. The Development Agreement, First
Amendment, Second Amendment, Third Amendment and Fourth Amendments are somames ro{3 re,d to
collectively herein as the"Agreement"; and
WHEREAS, VH Property Corp. ("Developer") is the successor in interest to Ocean Trails,
L.P; and
WHEREAS, the parties wish to extend the life of the Development Agreement from July
18, 2008 through October 22, 2008; and
WHEREAS, the City Council conducted a duly noticed public hearing on March 4, 2008,
at which time all interested parties were given an opportunity to be heard and present evidence regarding
the proposed Fourth Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The proposed Fifth Amendment to the Development Agreement makes a
minor amendment to the Development Agreement to extend its life from July 18, 2008 through October
22, 2008. This minor change to the Development Agreement does not make any physical change to the
Project or to the conditions of approval that were imposed on the Project and conforms to the maps and
policies of the City's General Plan. Accordingly, the revision to the Development Agreement is consistent
with all applicable provisions of the General Plan.
Section 2. The proposed Fifth Amendment to the Development Agreement
complies with the requirements of California Government Code Sections 65865 through 65869.5.
Section 3. The proposed Fifth Amendment to the Development Agreement will not
be detrimental, or cause adverse effects, to adjacent property owners, residents, or the general public,
since the project will be constructed in accordance with the plans that were approved previously by the
City Council, including any amendments to the plans that have been approved previously by the City
Council.
Ordinance No. 475U
Page2 of 4
Section 4. The proposed Fifth Amendment to the Development Agreement does not
alter the clear and substantial benefit to the residents of the City of the Project, since the proposed
amendment makes no substantive changes to the Project or to the Development Agreement.
Section 5. During the ten-year term of the Development Agreement a major
landslide occurred on the property that is subject to the Development Agreement. The landslide delayed
completion of the project for several years while the landslide was being studied and repaired. In
addition, two additional landslides on the property caused geologic concerns regarding the completion of
the portion of the project that is within Tentative Tract Map No. 50666. The geologic issues were not
easily resolved and required a panel of three experts to be retained by the City, as requested by the
Developer. Some of these issues still need to be resolved before the development of the project can be
completed. The failure to resolve these geologic issues in a satisfactory manner could result in additional
land failures on the site, which could have an immediate and adverse impact upon the public health,
safety and welfare. If the Development Agreement is not extended to October 22, 2008, the parties will
not be able to revise its terms before it expires. This ordinance, therefore, is necessary for the immediate
protection of the public health, safety and welfare and shall take effect immediately upon adoption as an
urgency ordinance.
Section 6. For the foregoing reasons, and based on the information contained in the
staff reporis, supporting documentation, minutes and other records of the proceedings, all of which are
incorporated herein by this reference, the City Council hereby approves the proposed Fifth Amendment to
the Lieveiopm.nt Agreement with VH Property Corp., which amendment is attached hereto as Exhibit "A"
and incorporated herein by this reference.
Section 7. The City Clerk shall cause this Urgency Ordinance to be posted in three
(3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be
entered in the Book of Ordinances of the Council of this City.
Ordinance No. 475U
Page 3 of 4
•
Section 8. This Ordinance shall go into effect and be in full force aid effect
immediately upon its passage. This ordinance is effective until 11:59 p.m. on October 22, 2008, unless
further extended by the City Council by the adoption of another ordinance.
PASSED, APPROVED and ADOPTED this 15th day of ;u:y..008.
Pa.
•
Mayor
ATTEST:
i /i
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES
• I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole
number of members of the City Council of said City is five; the foregoing Ordinance No. 475U, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held on July 15, 2008,
and that the same was passed and adopted by the following roll call vote:
Ayes: Clark, Gardiner, Long,Wolowicz, and Mayor Stern
Noes: None
Absent: None
Abstain: None
City Clerk
Ordinance No. 475U
Page 4 of 4
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: aii3o 2ao9
CITY CLERK
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
*20090127230*
Rancho Palos Verdes, CA 90275-5391
AMENDMENT NO.5 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Section 65868)
THIS AMENDMENT NO. 5 TO TRUMP NATIONAL DEVELOPMENT
AGREEMENT("Fourth Amendment")is entered into this 15th day of July 2008 by and between
VH Property Corp.,a Delaware corporation("Developer"),and the City of Rancho Palos
Verdes, a municipal corporation organized under the laws of the State of California(the"City").
RECITALS
A. Palos Verdes Land Holdings Company,L.P.,a California limited partnership,and
the Zuckerman Entities(as defined in the Agreement), as predecessors in interest
to Developer, and City entered into that certain Development Agreement(the
"Original Agreement")dated as of November 20, 1997, and recorded on
December 8, 1997,as Instrument No. 97-1929840 in the Official Records of Los
Angeles County,California,as amended by that certain Amendment to Ocean
Trails Development Agreement(the"First Amendment"),dated as of September
18,2001,and recorded on December 3,2001 as Instrument No. 01-2301342 in
the Official Records of Los Angeles County,California,and as further amended
by that certain Amendment No. 2 to Ocean Trails Development Agreement(the
"Second Amendment"),dated as of March 4,2003,and recorded as Instrument
No. 03-1139102 in the Official Records of Los Angeles County,California, and
as further amended by that certain Amendment No. 3 to the Ocean Trails
Development Agreement(the"Third Amendment"),approved on November 20,
2007, and as further amended by that certain Amendment No.4 to the Ocean
Trails Development Agreement(the"Fourth Amendment"),approved on March
4,2008, (referred to collectively with the Original Agreement, as the
"Agreement"),pursuant to which Developer has certain vested rights to develop
that certain real property described and/or depicted on Exhibit A attached hereto
(the"Property"). Except as expressly stated to the contrary,all capitalized terms
set forth herein shall have the same meaning as set forth in the Agreement.
B. City previously approved Tentative Tract Map No. 50666 and Tentative Tract
Map No. 50667 regarding the Property and subsequently approved certain
amendments thereto.
OC\580461.5 Ordinance No.475U
Exhibit A
Page 1 of 4
C. Final Tract Map No. 50667 was previously recorded as Instrument No. 99-
1934089 in the Office of the County Recorder of Los Angeles County,California,
on October 12, 1999.
D. Both parties wish to extend the Development Agreement to October 22,2008.
E. On July 15, 2008,the City Council of City adopted Urgency Ordinance No. U,
approving this Fifth Amendment.Developer and City desire to amend the
Agreement to reflect the foregoing.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing recitals,and the mutual
promises and agreements contained herein, and for other good and valuable consideration,the
receipt and sufficiency of which is hereby acknowledged,it is agreed as follows:
1. Section 7 of the Agreement,entitled Term,is hereby amended by
replacing paragraph 7.2 at the end of that Section 7 with the following new paragraph 7.2,to read
as follows:
"7.2 Extension of Development Agreement. This Development
Agreement is hereby extended from July 18,2008 through October 22,2008. Vesting Tentative
Tract Map No. 50666 is hereby extended along with the term of this Development Agreement."
2. Full Force. Except as specifically set forth herein,the Agreement shall
remain in full force and effect.
3. Counterparts. This Fifth Amendment may be executed in one or more
counterparts, each of which shall be deemed an original,but all of which shall constitute one and
the same instrument. A facsimile signature shall be deemed an original signature.
4. Authority. The persons executing this Fifth Amendment on behalf of
Developer and City represent and warrant that they are duly authorized so as to fully and legally
bind Developer and City,respectively.
2
Ordinance No.475U
Exhibit A
Page 2 of 4
I
IN WITNESS WHEREOF,this Fifth Amendment is executed as of the date first
written above.
"DEVELOPER":
VH PROPERTY CORP.,
a Delaware corporation
B .
ame: fffM1F.
'I
Title: k:V.P. Di vs'Gd,o r
'
B
y: ii: (
.
Name: At
Title: ;,.- . 111M -. itt
(c41 Cblc
THE"CI
CITY OF ►; PALOS nib
By: `
AO
Mayor
A b ST:
,,1
City Clerk
3
Ordinance No.475U
Exhibit A
Page 3 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ! f
0 . 1 a► "pi•efore me, 'r Dat= Here Insert n itl cer t'1
-
personally a =• & . ' L {, _41. � Ii &A •' .t1�,�
P Y PP e. • �
Name(s of Si;er s) 'w
who proved to u e on the basi satisfactory evidence to
be the pers.4,191 hose na =r= .ubscribec to the
within is. ument and acknowle•ged • • me that •
he/sh:',ZPAt.xecuted the same in his/he''hejr authorized .. ` •
capaci 40 and that b his/her 'gna u •n the •
instrume a pe t- , or the en',Ity upon behalf of • '
which the ,cted, executed the instrument.
I certify under PENALTY OF PERJURY under-the laws
ParilltiCetity of the State of California that the foregoing paragraph is
C Pot 2' true and correct. •
0
WITNESS m hand and official s-j I.
Ari
P / AI
Place Notary Seal Above Slg natU r- — •L Sig attire of N. • Pubi
OPTIONAL
• Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:.
Capacity(ies)Claimed by Signer(s) ,
•
Signer's Name: . • Signer's Name:.
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): .. 0 Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General RiGNTTHUMBPRiNT ❑Partner—L7 Limited ❑General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney'in Fact OF SIGNER
Top pf thumb here Top of thumb here
❑ Trustee ❑Trustee
❑ Guardian or Conservator D Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
i�✓i\✓i\✓i�✓i\��i\�:�\�i\✓i\✓i\✓i`�i��i���i\✓i\�i\�i\�i\✓i`✓i��i\✓iL✓i�✓i\✓i\�ice✓i�✓,ice✓i�✓,i\�i\��it✓i�✓i\✓i�✓,i\�i\����i��i\✓i\�i`�ice✓ice✓ice✓ice✓
®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Cali Toll-Free 1-800-876-6827
Ordinance No.475U
Exhibit A
Page 4 of 4
RANCHO PALOS
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on July 29, 2008, she caused to be posted the following document entitled:
City of Rancho Palos Verdes, Ordinance No. 475U, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 5 TO
THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, WHICH EXTENDS
THE DEVELOPMENT AGREEMENT FROM JULY 18, 2008 THROUGH
OCTOBER 22, 2008, AND DECLARING THE URGENCY THEREOF, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
• _
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.475U.doc