ORD 499U URGENCY ORDINANCE NO. 499U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING AMENDMENT NO. 8 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION TO THE
DEVELOPMENT AGREEMENT TO MARCH 17, 2010, 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. The Development Agreement, First Amendment, Second Amendment, Third Amendment, Fourth
Amendment, Fifth Amendment, Sixth Amendment, and Seventh 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 July 22,
2009 through March 17, 2010; and
WHEREAS, the City Council conducted a duly noticed public hearing on September 15,
2009, at which time all interested parties were given an opportunity to be heard and present evidence
regarding the proposed Seventh Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The proposed Eighth Amendment to the Development Agreement makes
a minor amendment to the Development Agreement to extend its life from July 22, 2009 through March 17,
2010. 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 Eighth Amendment to the Development Agreement
complies with the requirements of California Government Code Sections 65865 through 65869.5.
Section 3. The proposed Eighth 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. 499U
Page 2 of 4
Section 4. The proposed Eighth 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 March 17, 2010, 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 Eighth 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 March 17, 2010, unless
further extended by the City Council by the adoption of another ordinance.
Ordinance No. 499U
Page 3 of 4
PASSED,APPROVED and ADOPTED this 15th day of Septem.44 ∎09.
•
ayor
ATTEST:
g/(1/1-4-- /
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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. 499U was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on September 15, 2009
by the following vote:
AYES: Dyda, Long, Stern, and Wolowicz
NOES: None
ABSENT: Clark
ABSTAINED: None
//
City Clerk
Ordinance No. 499U
Page 4of4
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275 -5391
AMENDMENT NO.8 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Section 65868)
THIS AMENDMENT NO. 8 TO TRUMP NATIONAL DEVELOPMENT
AGREEMENT ( "Eighth Amendment ") is entered into this 15th day of September 2009 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
c(,CiV »)
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
41) 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, (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.
1
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 July 22, 2009.
E. On September 15, 2009, the City Council of City adopted Urgency Ordinance
No. U, approving this Eighth 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 22, 2009 through March 17, 2010. 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 Eighth 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. Authori . The persons executing this Eighth 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.
IN WITNESS WHEREOF, this Eighth Amendment is executed as of the date first
written above.
"DEVELOPER ":
VH PROPERTY CORP.,
a Delaware corporation
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THE "CITY ":
CITY OF RANCHO PALOS VERDES
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City Clerk
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STATE OF
COUNTY OF
On/Yi%414A 4A 1 26 1'0 before me, ,
personally appeared U! n e_n z o / l / O 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.
SHAHARAZAD KAYUM -PAUL
WITNESS my hand and official seal. -- ____ NOTARY PUBLIC -STATE OF NfWy Vnn
Signature
STATE OF CALIFORNIA
. 01 KA61 55472
d !n W09tehester County
oMMISSIon EXPIrs-1 NOVOMber 13, 20 Seal
COUNTY OF CAS Mt..)%E�.,S
On ffPIL Si a010 before me, U I (il ,Po
personally appeared 2alj tn who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(a'j is /ark subscribed to the
within instrument and acknowledged to me that he/ grey executed the same in his/hcrftkcir
authorized capacity(ies), and that by his/herhftcir signature(,a'jon the instrument the person(g), or
the entity upon behalf of which the personya'j 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 nd a official seal.
Signature
PATRICIA VALLE
D Q 1 NOTARY PUBLIC • CALIFORNIA
+�► COMMISSION # 1822466 c
LOS ANGELES COUNTY
2012
M Comm. Ex November 13,
(Seal)
STATE OF CALIFORNIA
COUNTY OF
On before me, ,
personally 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.
Signature (Seal)
0
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STATE OF CALIFORNIA
COUNTY OF
On before me, ,
personally 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.
Signature (Seal)
0
RANCHO
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 September 17, 2009, she caused to be posted the
following document entitled: ORDINANCE NO. 499U, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING AMENDMENT NO. 8 TO THE TRUMP NATIONAL
DEVELOPMENT AGREEMENT,AUTHORIZING AN EXTENSION
TO THE DEVELOPMENT AGREEMENT TO MARCH 17, 2010,
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.
&MI-4k- /1-4iked,Ce-
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.499U.doc