CC RES 2018-066 RESOLUTION NO. 2018-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, APPROVING AN AMENDED AND RESTATED
DECLARATION OF RESTRICTIONS TO CLARIFY THE MAINTENANCE
RESPONSIBILITIES OF THE DEVELOPER FOR ALL TRAILS, OPEN
SPACE, STREETS, HABITAT, AND OTHER PUBLIC AMENITIES LOCATED
ON THE TRUMP NATIONAL GOLF CLUB PROPERTY AND CERTAIN CITY-
OWNED PROPERTY,AND TO EXTEND THE TERM IN PERPETUITY OF THE
ORIGINAL DECLARATION OF RESTRICTIONS.
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes (the
"City") adopted Resolution No. 92-53, certifying Environmental Impact Report (EIR) No. 36
and adopted Resolution Nos. 92-54, 92-55, 92-56, 92-57, approving Vesting Tentative Tract
Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, Coastal Development Permit No. 103 (the "CDP"), and Grading
Permit No. 1541 for a Residential Planned Development, an 18-hole public golf course, and
public open space on an approximately 261.4 acre property located in the City(the"Property")
for what is now known as the Trump National Golf Club Project (the "Project"), owned by VH
Property Corp. (the "Developer") and VH PS, LLC (the "Owner"); and,
WHEREAS, on November 5, 1997, the City Council approved a Development
Agreement with the Developer's predecessor-in-interest, which was recorded on December
8, 1997 in the Official Records of Los Angeles County ("Official Records") as Instrument No.
97-1929840 ("Original Development Agreement"), pursuant to which original developer
("Original Developer") was granted certain vested rights to develop the Project; and,
WHEREAS, in connection with,and as a condition to,the City's approval of the Original
Development Agreement, the Original Developer executed and recorded a Declaration of
Restrictions ("Maintenance Agreement")against the Property in order to, among other things,
provide for the Original Developer's (and any successor-in-interest of Original Developer to
the Property) obligations to maintain certain public amenities, habitat conservation areas,
trails, paths, parks, and open space areas located on the Property and on City-owned
property; pay certain taxes to the City; and establish and implement a monitoring system for
ground water and geologic stability for the Property and recommendations by the City
Geologist; and,
WHEREAS, the Original Development Agreement is proposed to be amended and
restated in order to, among other things, to clarify and consolidate, under one agreement, all
of the previously-approved changes and conditions to the development of the Project that
have occurred over the last 21 years, and to extend the term of the Original Development
Agreement; and,
WHEREAS, in connection with the amendment and restatement of the Original
Development Agreement, the Maintenance Agreement is proposed to be amended and
restated in order to, among other things, update and clarify the Developer's maintenance
obligations with respect to the Property and certain City-owned property, including to Shoreline
Park and the Switchbacks(also known as the San Ramon Reserve of the Palos Verdes Nature
Preserve), and to extend the term of the Maintenance Agreement and the obligations of the
Developer (and any subsequent owner of the Property) under the Maintenance Agreement
into perpetuity, as set forth in the Amended and Restated Declaration of Restrictions attached
hereto as Exhibit A; and,
WHEREAS, after review and consideration, the City Council has determined that it is
in the best interest of the City and for the common benefit of residents and visitors, for the
Amended and Restated Declaration of Restrictions to be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct and are hereby incorporated
into this Resolution as set forth herein.
Section 2: The City Council hereby approves the Amended and Restated Declaration
of Restrictions attached hereto as Exhibit A, along with any minor, non-substantive changes
and modifications to the Amended and Restated Declaration of Restrictions that may be
approved by the City Attorney and Director of Community Development.
Section 3: The Mayor, City Manager,and City Clerk or their designees,are authorized
and directed to take such actions and execute such documents as may be necessary to
implement and affect execution, recordation and enforcement of this Resolution.
PASSED, APPROVED, and ADOPTED this 4th day of September 2018.
Ma r
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of -- ho Palos Verdes, do hereby certify that the
above Resolution No. 2018-66, was duly an, :gularly passed and adopted by the said City
Council at a regular meeting thereof held on ' -mber 4, 2018.
qic,,
. Ilialk
Mlff City Clerk
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