ORD 465U ORDINANCE NO. 465U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING AMENDMENT NO. 3 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT, WHICH EXTENDS THE
DEVELOPMENT AGREEMENT BY 110 DAYS, 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. Further, 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. The Development Agreement, First Amendment and Second
Amendments 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 for a one
hundred ten days; and,
WHEREAS, the City Council conducted a duly noticed public hearing on November 20,
2007, at which time all interested parties were given an opportunity to be heard and present evidence
regarding the proposed Third Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The proposed Third Amendment to the Development Agreement makes
a minor amendment to the Development Agreement to extend its life for an additional 110 ten days.
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 Third Amendment to the Development Agreement
complies with the requirements of California Government Code Sections 65865 through 65869.5.
Section 3. The proposed Third 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 Third 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 for one
hundred ten days, 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 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 Third
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
Ordinance 465U
Page 2of3
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 March 9, 2008, unless
further extended by the City Council by the adoption of another ordinance.
,.-
PASSED, APPROVED and ADOPTED this 20th day of N•fe ber 200 .
Mayor
ATTEST:
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; that the foregoing Ordinance No.
465U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held
on November 20, 2007, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
fi / /,
City Clerk
Ordinance 465U
Page 3of3
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: uir�o►2o0
CITY CLERK
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard •20090127228*
Rancho Palos Verdes, CA 90275-5391
AMENDMENT NO.3 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Section 65868)
THIS AMENDMENT NO. 3 TO TRUMP NATIONAL DEVELOPMENT
AGREEMENT("Third Amendment")is entered into this 20th day of November 2007 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
"Third Amendment"),dated as of March 4,2003, and recorded as Instrument No.
03-1139102 in the Official Records of Los Angeles County,California(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.
OC\580461.5 Ordinance No.465U
Exhibit A
Page 1 of 4
D. Both parties wish to extend the Development Agreement for a period of 110 days.
E. On November 20,2007,the City Council of City adopted Urgency Ordinance No.
465U,approving this Third 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 adding
new paragraph 7.2 to the end of that Section 7 to read as follows:
"7.2 Extension of Development Agreement. This Development
Agreement is hereby extended for a period of 110 days,specifically, from November 20,2007
through March 9,2007. 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 Third 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 Third 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
O05 80461.5
Ordinance No.465U
Exhibit A
Page 2 of 4
IN WITNESS WHEREOF,this Third Amendment is executed as of the date first 61r
written above.
"DEVELOPER": •
VII PROPERTY CORP.,
a Delaware corporation
B •
Name:ivc' ice//,
Title: Fig R OF`$oO01rF•.-Y
By: 612,,Lof
Name: 1; 'r.07 .I .
• cl
Title: ,-.,� .! ,��! i�: �1�•t�, ��
THE"CI
CITY OF ill 0 P 0‘Ng RDES
By: 1ftb
Mayor
AT S : NAfitic
City Clerk
3
OC\580461.5 Ordinance No.465U
Exhibit A
Page 3 of 4
•
•
•
State of California . .
• County 00-03
0 before me, — �J
'
(insect Na Notary Public and Tits Q
personally appe. d i �' • Ispt6A0‘
who proved to me on the basi 1 ) satisfactory evidence to be the pens.ia whose •
nam s is/3 subscribed to the within instrument and acknowledged to me that
he/she he executed the same in his/her(0 authorized .capacit., ies), and that by .
his/he r. heir .ignature on the instrument the perso 7 or the entity upon behalf of
which the p erso :cted, 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. • •
M A RIR A
:00ipt; Convninion 11166
Nolan,Public Gam
Signatur (Seal) \ La Melba County
My Expires"or 2,
•
Ordinance No.465U
Exhibit A
Page 4 of 4
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 December 4, 2007, she caused to be posted the following document
entitled: City of Rancho Palos Verdes, Ordinance No.465U,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