ORD 534U ORDINANCE NO. 534U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING AMENDMENT NO. 13 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION
TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21, 2012,
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. Furthermore, the City Council previously approved a
fifth Amendment to the Ocean Trails Agreement (the "Fifth Amendment") by and between the City
and VH Property Corp., a Delaware corporation, on July 15, 2008. Furthermore, the City Council
previously approved a sixth Amendment to the Ocean Trails Agreement (the "Sixth Amendment")
by and between the City and VH Property Corp., a Delaware corporation, on October 21, 2008.
Furthermore, the City Council previously approved a seventh Amendment to the Ocean Trails
Agreement (the "Seventh Amendment") by and between the City and VH Property Corp., a
Delaware corporation, on January 21, 2009. Furthermore, the City Council previously approved
an eighth Amendment to the Ocean Trails Agreement (the "Eighth Amendment") by and between
the City and VH Property Corp., a Delaware corporation, on September 15, 2009. Furthermore,
the City Council previously approved a ninth Amendment to the Ocean Trails Agreement (the
"Ninth Amendment") by and between the City and VH Property Corp., a Delaware corporation, on
March 16, 2010. Furthermore, the City Council previously approved a tenth Amendment to the
Ocean Trails Agreement (the "Tenth Amendment") by and between the City and VH Property
Corp., a Delaware corporation, on September 21, 2010. Furthermore, the City Council previously
approved a eleventh Amendment to the Ocean Trails Agreement (the "Eleventh Amendment") by
and between the City and VH Property Corp., a Delaware corporation, on March 15, 2011.
Furthermore, the City Council previously approved a twelfth Amendment to the Ocean Trails
Agreement (the "Twelfth Amendment") by and between the City and VH Property Corp., a
3
Delaware corporation, on September 20, 2011. The Development Agreement, First Amendment,
Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth
Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment, Tenth Amendment,
Eleventh Amendment, and Twelfth Amendment are sometimes referred 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
March 21, 2012 through September 21, 2012; and
WHEREAS, the City Council conducted a duly noticed public hearing on March 6,
2012, at which time all interested parties were given an opportunity to be heard and present
evidence regarding the proposed Thirteenth Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The proposed Thirteenth Amendment to the Development
Agreement makes a minor amendment to the Development Agreement to extend its life from
March 21, 2012 through September 21, 2012. 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 Thirteenth Amendment to the Development
Agreement complies with the requirements of California Government Code Sections 65865
through 65869.5.
Section 3. The proposed Thirteenth 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.
Section 4. The proposed Thirteenth 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. 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 September 21, 2012, the parties will not be able to revise its terms
Ordinance No. 534U
Page 2 of 3
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 reports, 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 Thirteenth Amendment to the Development 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.
Section 8. This Ordinance shall go into effect and be in full force and effect
immediately upon its passage. This ordinance is effective until 11:59 p.m. on September 21,
2012, unless further extended by the City Council by the adoption of another ordinance.
PASSED, APPROVED and ADOPTED this 6th day of March 2012.
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ATTEST:
041/A--
' !
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 numbers of the City Council of said City is five; that the foregoing Ordinance No. 534U was
duly and regularly adopted by the City Council of said City at a regular meeting thereof held on
March 6, 2012, and that the same was passed and adopted by the following vote:
AYES: Brooks, Campbell, Knight and Mayor Misetich
NOES: None
ABSENT: Duhovic (recused)
ABSTAIN: None
City Clerk
Ordinance No. 534U
Page 3 of 3
jill
RANCHO PALOS VERDES
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 March 7, 2012, she caused to be posted the following
document entitled: ORDINANCE NO. 534U,AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES APPROVING
AMENDMENT NO. 13 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT,AUTHORIZING AN EXTENSION
TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21,
2012, 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.
(Pa It. '?,.4.-Lnifr iciL A ik--
City Clerk
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Ordinance No. 534U
Exhibit A
Page 1 of 7
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275 -5391
0 112012
*2012 243652*
AMENDMENT NO. 13 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Section 65868)
THIS AMENDMENT NO. 13 TO TRUMP NATIONAL DEVELOPMENT
AGREEMENT ( "Thirteenth Amendment ") is entered into this 6th day of March 2012 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
45 2008; and as further amended by that certain Amendment No. 5 to the Ocean
Trails Development Agreement (the "Fifth Amendment "), approved on July 15,
2008; and as further amended by that certain Amendment No. 6 to the Ocean
Trails Development Agreement (the "Sixth" Amendment), approved on October
219 2008; and as further amended by that certain Amendment No. 7 to the Ocean
Trails Development Agreement (the "Seventh" Amendment), approved on -
January 21, 2009; and as further amended by that certain Amendment No. 8 to the
Ocean Trails Development Agreement (the "Eighth" Amendment), approved on
Ordinance No. 534U
Exhibit A
Page 2 of 7
September 15, 2009; and as further amended by that certain Amendment No. 9 to
the Ocean Trails Development Agreement (the "Ninth" Amendment), approved
on March 16, 2010; and as further amended by that certain Amendment No. 10 to
the Ocean Trails Development Agreement (the "Tenth" Amendment), approved
on September 21, 2010; and as further amended by that certain Amendment No.
11 to the Ocean Trails Development Agreement (the "Eleventh" Amendment),
approved on March 15, 2011; and as further amended by that certain Amendment
No. 12 to the Ocean Trails Development Agreement (the "Twelfth" Amendment),
approved on September 20, 2011; (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.
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 September 21, 2012.
E. On March 6, 2012, the City Council of City adopted Urgency Ordinance No. U,
approving this Thirteenth 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 March 21, 2012 through September 21, 2012. 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.
Ordinance No. 534U
Exhibit A
Page 3 of 7
3. Counterparts. This Thirteenth 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 Thirteenth 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.
Ordinance No. 534U
Exhibit A
Page 4 of 7
IN WITNESS WHEREOF, this Thirteenth Amendment is executed as of the date
first written above.
ATTEST:
City Clerk
"DEVELOPER":
VH PROPERTY CORP.,
a Delaware corporation
By
Name:
Title:
• - -
/ / L2anbrl
THE "CITY":
CITY O CHO PALOS VERDES
By:
t2�=
Aayor
Ordinance No. 534U
Exhibit A
Page 5 of 7
IN WITNESS WHEREOF, this Thirteenth Amendment is executed as of the date
first written above.
ATTEST:
jkpu*" City Clerk
"DEVELOPER":
VH P
a Det
By:
N E
Title:
By:41
Name:
Title:
THE "CITY ":
CITY HOP OS ERDES
By:
May
Ordinance No. 534U
Exhibit A
Page 6 of 7
STATE O N'Ew 4L?�K-'
COUNTY OF t4 iw �pR�
On TVI 151 b ore m i4liz,^ GC4 e ✓\
personalty appeared A
F � who proved to me on
the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal. ALAN QARTEN
Notary Public, State of New 11bric
No. 02GA6021578
Qualified in Nassau CouMy (Seal)
Signature Comrr�tssion Expires on March 16.20 �'�
STATE OF 6ALmmX 9126114f1 N
COUNTY OF N6W 'I °!2-1(--
On �f S ��� of re me, 14focK
personalty appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal. ALAN GARTEN
Notary Public, State of New York
No. 02GA6021 578
Qualified in Nassau County 20 L5(S eal)
Signature Commission Expires on March
Ordinance No. 534U
Exhibit A
Page 7 of 7