CC SR 20260602 01 - Trump National Golf Club Maintenance Agreement Revision
PUBLIC HEARING - ADJUDICATIVE
Date: June 2, 2026
Subject:
Consider amending the Restated Declaration of Restrictions (Maintenance Agreement) related to
the Trump National Golf Club (Case No. PLMH2026-0002).
Recommendation:
1) Adopt Resolution No. 2026-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE 2018 RESTATED
DECLARATION OF RESTRICTIONS (“MAINTENANCE AGREEMENT”) BETWEEN THE APPLICANT
(VH PROPERTY CORP. AND VPHS, LLC) AND THE CITY OF RANCHO PALOS VERDES TO MODIFY
THE REQUIRED CITY COUNCIL REVIEW PERIOD FROM ANNUALLY TO BIENNIALLY (CASE NO.
PLMH2026-0002).
1. Report of Notice Given: City Clerk Takaoka
2. Declare Public Hearing Open: Mayor Seo
3. Request for Staff Report: Mayor Seo
4. Staff Report & Recommendation: Amy Seeraty, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the
applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be
allowed ten minutes to make a presentation. General Public 3 Minutes Each.
Applicant: Lili Amini, Trump National Representative
Mayor Seo invites the Applicant to speak. (10 mins.)
7. Rebuttal: Mayor Seo invites brief rebuttals by Applicant. (3 mins)
Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have
spoken.
8. Council Questions of Applicant (factual and without bias):
9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Seo
10. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
11. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 06/02/2026
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consider amending the Restated Declaration of Restrictions (Maintenance Agreement)
related to the Trump National Golf Club (Case No. PLMH2026-0002).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2026-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE 2018 RESTATED DECLARATION OF RESTRICTIONS
(“MAINTENANCE AGREEMENT”) BETWEEN THE APPLICANT (VH PROPERTY
CORP. AND VPHS, LLC) AND THE CITY OF RANCHO PALOS VERDES TO
MODIFY THE REQUIRED CITY COUNCIL REVIEW PERIOD FROM ANNUALLY
TO BIENNIALLY (CASE NO. PLMH2026-0002).
FISCAL IMPACT: A Miscellaneous Hearing Fee of $3,168 was submitted as a deposit
by the Applicant to cover costs associated with this application. VR
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2026-__(page A-1)
a. Exhibit A – Amended and Restated Declaration of Restrictions
B. City Council-approved Amended and Restated Declaration of Restrictions
recorded November 27, 2018 (Linked)
C. April 21, 2026 City Council Meeting Action (page C-1)
D. Request Letter from Applicant Dated March 30, 2026 (page D-1)
E. Public Correspondence (page E-1)
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BACKGROUND:
On April 21, 2026, the City Council conducted an annual review of the Trump National
Golf Club’s compliance with its maintenance obligations relating to trails and open space.
As part of this most recent annual review, the Applicant requested to change the review
frequency from annual to biennial (every two years). The information outlined below
provides additional background related to the preparation and implementation of the
Maintenance Agreement:
• In 1997, in conjunction with approval of a Development Agreement, the former
developer of the Trump National Golf Club site executed and recorded a
Declaration of Restrictions (Maintenance Agreement) against the Project Site.
Under the Agreement, the developer assumed responsibility for maintaining
certain public amenities, habitat conservation areas, trails, parks, and open space
areas; paying specified taxes to the City; and implementing groundwater
monitoring measures and recommendations of the City Geologist.
• In 2018, the Maintenance Agreement was amended and restated to more clearly
define the Developer’s maintenance responsibilities for both the Project Site and
certain City-owned properties, including Shoreline Park and the Switchbacks area
of the Palos Verdes Nature Preserve (also known as the San Ramon Reserve).
The 2018 amendment also removed the Agreement’s expiration date, thereby
requiring the developer and its successors to maintain and manage the Property
and specified City-owned properties in perpetuity and at the developer’s sole
expense. As the current owner of the golf course property, VH Property Corp. and
VHPS, LLC (collectively, the “Developer”) remain subject to these obligations.
Among other requirements, the Maintenance Agreement requires periodic review of the
Developer’s compliance with trail and open space maintenance obligations. Specifically,
Restriction No. 7 of the Amended and Restated Declaration of Restrictions states:
7. Review and Monitoring For Compliance. The City and Owners [Trump
National Golf Club] shall review the Owners' compliance with its Maintenance
Obligations and compliance with the terms and conditions under this
Declaration at least once every twelve (12) months based on a tracking system
and protocols implemented by City for monitoring comp liance. Owners shall
implement and/or perform all reasonably practical recommendations or
requirements of City following such annual review.
To implement this requirement, the Community Development Department and Recreation
and Parks Department jointly developed a maintenance tracking spreadsheet in 2019 to
monitor maintenance issues at City-owned public spaces maintained by Trump National
Golf Club. More recently, Staff and the Developer transitioned from the Excel -based
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tracking system to the CityWorks automated maintenance platform to improve efficiency
and coordination.
DISCUSSION:
On March 30, 2026, prior to the City Council’s annual maintenance review on April 21,
2026, the Developer submitted a request to amend the Maintenance Agreement to
change the review frequency from annual to biennial (every two years) (Attachment D).
The Developer indicated that the requested change in the City Council’s frequency of
maintenance reviews from annual to biennial would allow both City Staff and Trump
National Golf Club staff to more effectively allocate resources while continuing to maintain
consistent communication and coordination regarding open space maintenance
throughout the calendar year. The request was also based on the established pattern of
regular maintenance, ongoing responsiveness, and continued reasonable compliance
with the Maintenance Agreement obligations. City Staff believes that reducing the review
frequency would streamline administrative processes while still supporting effective long -
term maintenance planning and oversight between the City and the Developer as required
by the Maintenance Agreement. The request does not remove or amend the Developer’s
maintenance responsibilities. It should be noted that the proposed amendment would not
reduce the Applicant’s ongoing maintenance obligations or the City’s ability to address
maintenance concerns throughout the year. Members of the public may continue to report
maintenance issues to the City at any time, and City Staff would continue coordinating
with the Applicant on maintenance follow-up, repairs, vegetation management, and other
trail-related concerns as needed. The proposed amendment would only modify the
frequency of formal City Council status reviews and would not reduce ongoing
maintenance oversight or responsiveness by City Staff and the Applicant.
At its April 21, 2026 meeting, the City Council considered the Developer’s request, found
the proposed modification acceptable, and directed Staff to return with a Resolution and
an amended Maintenance Agreement (Attachment A) reflecting the revised review
schedule for the City Council’s consideration. Accordingly, the proposed amended
Maintenance Agreement is now being presented to the City Council for review and
possible approval. Specifically, Restriction No. 7 is proposed to be revised as follows
(deleted text in strikethrough and added text in bold underlined):
7. Review and Monitoring For Compliance. The City and Owners shall review the
Owners' compliance with its Maintenance Obligations and compliance with the
terms and conditions under this Declaration throughout the calendar year. The
City Council, at a duly noticed public hearing, shall at least once every twelve
twenty four (1224) months review the Owners’ compliance with its
Maintenance Obligations, unless the City determines City Council review is
warranted earlier than every twenty four months, based on a tracking system
and protocols implemented by City for monitoring compliance. Owners shall
implement and/or perform all reasonably practical recommendations or
requirements of City throughout the calendar year and following such annual
biennial review.
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City Staff recommends that the City Council review and approve the proposed
amendment revising the maintenance review schedule from annual to biennial as outlined
above.
ADDITIONAL INFORMATION:
Public Notification and Correspondence
On May 14, 2026, a public notice was mailed to all property owners within a 500 -foot
radius of the project site and published in the Palos Verdes Peninsula News. In response
to the public notice, City Staff received correspondence both in support of and opposition
to the proposed amendment to modify the required City Council review frequency from
annually to biennially.
As discussed in the April 21, 2026 staff report (Attachment C) for the 2025 Annual Review,
City Staff received several public comments regarding the condition of the Ocean Trails
trail system and adjacent open space areas. Concerns included trail erosion, overgrown
vegetation, damaged fencing, debris and sand accumula tion, litter, pet waste, vandalism,
and trail safety issues related to narrowed trail widths and limited visibility during
rattlesnake season. Correspondence also questioned whether sufficient proactive
maintenance and enforcement measures were being implemented by Trump National
Golf Club and requested stronger City oversight. The April 21, 2026 staff report noted that
many of these issues are common throughout the City’s trail system following increased
public use and recent storm events, and that City St aff continue coordinating with Trump
National Golf Club who continue to comply with staff’s request to address maintenance
concerns raised throughout the year.
As of the distribution of this report, Staff has received 17 emails from six different residents
in response to the May 14th public notice for the June 2nd hearing. These emails reiterated
many of the same concerns expressed in April 2026, including the assertion that
conditions have not significantly improved since the previous City Council meeting and
arguing that the Trump National trails and open space areas are already inadequately
maintained. Residents cited concerns including overgrown vegetation (including the New
Zealand Christmas Tree hedge, which is subject to specific dimension requirements),
cracked and damaged trails, broken fencing, litter, pet waste, blocked ocean views, and
potential safety hazards such as fire risk and unstable pathways. Several commenters
also expressed concern that maintenance efforts only occur in advance of annual reviews
and that reducing oversight would further worsen conditions . The correspondence also
expressed concern that increased use associated with landslide -related closures at other
Preserve locations may place additional strain on the Ocean Trails system.
City Staff also received correspondence in support of the proposed amendment from the
Palos Verdes Seacliff Hills Homeowner’s Association. The correspondence stated that
Trump National Golf Club has historically been respectful and responsive to
neighborhood concerns, including traffic and parking management associated with golf
club events, and has maintained the walking trail adjacent to Palos Verdes Drive South
in a satisfactory manner. The correspondence further indicated support for reducing the
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frequency of the administrative review process from annually to biennially, noting that
such a change would reduce administrative burden for both City Staff and the City
Council.
In response to the expressed concerns, Open Space Staff will be contacting the residents
to explain that while Trump National staff and City Staff have recently been prioritizing
addressing the safety of the Catalina Trail bridge, City Staff will be evaluating the broken
fence posts and the requested potential relocation of the dog waste receptacles in the
near future as well.
Also, City Staff has conveyed the recent public concerns to the Applicant for review and
follow-up. While maintenance issues continue to arise periodically due to heavy public
use, weather conditions, and the ongoing nature of open space trail maintenance, City
Staff continue to find that the Applicant remains responsive to maintenance coordination
efforts and reported issues. Additionally, the proposed amendment would not modify or
reduce the Applicant’s underlying maintenance obligations under the 2018 Amended and
Restated Declaration of Restrictions but would only modify the frequency of formal City
Council review hearings. Furthermore, in between formal City Council reviews, Staff will
continue to hold informal meetings with the Applicant to work on ways to improve
communication, coordination, issue tracking, and follow-up on trail conditions, repairs,
vegetation management, and other maintenance concerns to ensure problems are
addressed in a timely manner. Furthermore, throughout the year, the public can submit
their maintenance concerns to the City for review and follow up by City Staff. And finally,
Staff will continue to work with the Applicant to ensure that the New Zealand Christmas
Tree hedge is compliant with the required dimensions as detailed in Resolution No. 2012-
04 (Revision ZZ).
Maintenance Agreement Attachments
It should be noted that this revision solely addresses the revision to the maintenance
review schedule, and so the original attachments recorded with the 2018 Maintenance
Agreement remain in full force and effect, except where superseded by any updates
completed between 2018 and the present. This is also noted in the headings of the cover
sheets for the Maintenance Plan Exhibits A-F.
CONCLUSION:
Staff recommends that the City Council adopt the attached resolution approving
Amendment No. 1 to the 2018 Restated Declaration Of Restrictions (Maintenance
Agreement) between the Developer (VH Property Corp. and VPHS, LLC) and the City of
Rancho Palos Verdes related to the Trump National Golf Club (Case No. PLMH2026-
0002).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
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1. Identify any issues of concern regarding the Applicant’s compliance with the
Maintenance Obligations.
2. Identify a different City Council review period of the Maintenance Obligations.
3. Deny the proposed amendment to revise the maintenance schedule.
4. Take other action, as deemed appropriate.
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RESOLUTION NO. 2026-__
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
APPROVING AN AMENDMENT TO THE 2018
RESTATED DECLARATION OF RESTRICTIONS
(“MAINTENANCE AGREEMENT”) BETWEEN THE
APPLICANT (VH PROPERTY CORP. AND VPHS,
LLC) AND THE CITY OF RANCHO PALOS VERDES
TO MODIFY THE REQUIRED CITY COUNCIL
REVIEW PERIOD FROM ANNUALLY TO
BIENNIALLY (CASE NO. PLMH2026-0002).
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
VHPS, 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 geo logic stability for the Property
and recommendations by the City Geologist; and,
WHEREAS, in 2018, the Maintenance Agreement was amended and restated to
more clearly define the Developer’s maintenance responsibilities with respect to the
Property and certain City-owned properties, including Shoreline Park and the
Switchbacks area of the Palos Verdes Nature Preserve (also known as the San Ramon
Reserve), and to require that such maintenance and management obligations continue in
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Resolution No. 2026-__
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perpetuity and at the Developer’s sole expense; and
WHEREAS, Restriction No. 7 of the Amended and Restated Declaration of
Restrictions currently requires the City and the Owners to review the Owners’ compliance
with the Maintenance Obligations and the terms and conditions of the Declaration at least
once every twelve (12) months pursuant to a tracking system and monitoring protocols
implemented by the City; and
WHEREAS, following approval of the 2018 Amended and Restated Declaration of
Restrictions, the Community Development Department and Recreation and Parks
Department jointly implemented a maintenance tracking and monitoring system to
document and coordinate maintenance activities and compliance obligations for the
Property and applicable City-owned properties; and
WHEREAS, on March 30, 2026, VH Property Corp. and VHPS, LLC (“Applicant”)
submitted a request to amend the Maintenance Agreement to modify the required review
frequency under Restriction No. 7 from annually to biennially; and
WHEREAS, at the April 21, 2026 meeting, the City Council considered the
Applicant’s request to amend the Maintenance Agreement conditions to reduce the City
Council reviews from annually to biennially, and directed Staff to bring the condition
amendment back for future consideration by the City Council at a duly noticed public
hearing; and
WHEREAS, on May 14, 2026, notice of the public hearing was mailed to all
property owners within a 500-foot radius of the project site and published in the Palos
Verdes Peninsula News in accordance with applicable noticing requirements, and public
correspondence was received in support and opposition of the proposed amendment;
and
WHEREAS, the Maintenance Agreement is proposed to be amended solely to
modify the required City Council review period under Restriction No. 7 from annually to
biennially, and not the maintenance obligations required throughout the calendar year, in
accordance with the Applicant’s request and City Council direction provided at the April
21, 2026 City Council meeting, as set forth in the Amended Declaration of Restrictions
attached hereto as Exhibit A; and
WHEREAS, the proposed amendment will continue to provide adequate oversight
and monitoring of the Maintenance Obligations by the City throughout the calendar year
and the Applicant’s required response to maintenance concerns raised throughout the
calendar year while improving administrative efficiency and supporting effective long-term
maintenance planning and coordination between the City and the Applicant; and
WHEREAS, after review and consideration, the City Council has determined that
the proposed amendment retains the best interest of the City and for the common benefit
of residents and visitors, for the Amendment to the 2018 Restated Declaration of
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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: Except as expressly modified herein, all terms, covenants, conditions,
obligations, and restrictions contained in the Amended and Restated Declaration of
Restrictions recorded on November 27, 2018, shall remain unchanged and in full force
and effect.
Section 4: 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.
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Resolution No. 2026-__
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PASSED, APPROVED, and ADOPTED this 2nd day of June 2026.
_______________________________
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2026-__, was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 2, 2026.
__________________________________
Teresa Takaoka, City Clerk
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Resolution No. 2026-__
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EXHIBIT "A"
Amended and Restated Declaration of Restrictions
[Attached]
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Resolution No. 2026-__
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RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Attn: City Clerk
___________________________________________________________________
(Space Above for Recorder's Use)
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS
This AMENDED AND RESTATED DECLARATION OF RESTRICTIONS
("Declaration") is made on _______________, 20 26, by VH PROPERTY CORP., a
Delaware corporation ("Developer"), and VHPS, LLC, a Delaware limited liability
company ("VHPS", together with Developer, collectively, "Owners") in favor of the
CITY OF RANCHO PALOS VERDES, a municipal corporation organized and existing
under the laws of the State of California ("City", collectively with Owners, the
"parties").
R E C I T A L S
A. The Owners collectively own in fee title that certain real property located
in the City of Rancho Palos Verdes, California, more particularly described and/or
depicted on Exhibit A-1 attached hereto (the "Property") except for those portions
thereof that previously were, or will be dedicated to City or other governmental
agencies, including, without limitation, the property granted and/or dedicated to the
City pursuant to (i) that certain Grant Deed, by Developer in favor of City, recorded on
May 23, 2011, in the Official Records of Los Angeles County ("Official Records") as
Instrument No. 20110719711, (ii) that certain Grant Deed, by Developer in favor of
City, recorded on May 23, 2011, in the Official Records as Instrument No.
20110719715, (iii) that certain Amended and Restated Irrevocable Offer to Dedicate
Fee Title, dated August 22, 2000, and recorded on October 17, 2000 in the Official
Records as Instrument No. 00-1613039, which was subsequently amended pursuant
to that certain Amendment to Documents, recorded in the Official Records on October
23, 2000 as Instrument No. 00-1649980 (as so amended, the "Offer of Dedication"),
which Offer of Dedication has been accepted by the City pursuant to that certain
Certificate of Acceptance, executed by the City, and recorded in the Official Records
on November 6, 2018 as Instrument No. 20181122132, (iv) that certain Grant Deed,
made by Developer in favor of City, for the property known as "Lot H", which was
recorded in the Official Records on November 6, 2018, as Instrument No.
20181122133, (v) that certain Grant Deed, made by Developer in favor of City, for the
property known as the Flagpole Lot, which was recorded in the Official Records on
October 31, 2018, as Instrument No. 20181104885 (the "Flag Pole Deed"), and (vi)
Final Tract Map Nos. 50666 and 50667 (all of the foregoing documents and
agreements, collectively, the "Property Dedication Documents"). Separately,
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certain easement rights to other portions of the Property have been or will be granted
or dedicated to the City, including, without limitation, pursuant to (i) that certain
Easement Deed, by Developer in favor of City, recorded on February 8, 2006 in the
Official Records as Instrument No. 06-0295375, (ii) that certain Irrevocable Offer to
Dedicate Public Trail Easement and Declaration of Restrictions executed by Ocean
Trails, L.P. and recorded on December 19, 1997 as Instrument Number 97 -1999962
of the Official Records, as amended by certain documents recorded in the Official
Records on October 17, 2000, October 23, 2000, September 28, 2006, March 28,
2007, October 31, 2018, and _______, 2026 as Instrument Nos. 00-1613038, 00-
1649980, 06-2156248, 2007-0716114, 20181104883, and 2026-________
respectively, which offer of dedication has been accepted by the City pursuant to that
certain Certificate of Acceptance, executed by the City, and recorded in the Official
Records on November 6, 2018 as Instrument No. 20181122131, (iii) that certain
Easement Agreement, by Owners in favor of City recorded in the Official Records on
November 20, 2018 as Instrument No. 20181167280, and (iv) Final Tract Map Nos.
50666 and 50667 (all of the foregoing documents and agreements, collectively, the
"Easement Dedication Documents").
B. The "Zuckerman Entities" and Palos Verdes Land Holding Corporation,
L.P., a California limited partnership (collectively, "Original Developer"), as
predecessors in interest to Owners, originally executed that certain Declaration of
Restrictions, dated November 20, 1997, and recorded against the Property on
December 8, 1997 in the Official Records as Instrument No. 97-1929842 ("Original
Declaration"), pursuant to which Original Developer agreed to, among other things,
maintain certain public amenities, habitat conservation areas, trails, parks, and open
space areas, pay certain taxes to the City, and establish and implement a monitoring
system for ground water and recommendations from the City Geologist. The Original
Declaration was executed and recorded in connection with that certain Development
Agreement, dated November 20, 1997, and recorded on December 8, 1997 in the
Official Records as Instrument No. 97-1929840 ("Original Development
Agreement"), pursuant to which Original Developer was granted certain vested rights
to develop a project on the Property, which consisted of a residential planned
development and an eighteen-hole public golf course and golf clubhouse (commonly
referred to as the Ocean Trails Project and now known as the Trump National Golf
Club Project) and associated amenities, as more specifically described in the Original
Development Agreement ("Project"). Concurrently herewith, the Original
Development Agreement is being amended and restated in its entirety to address
certain changes and modifications to the development plans for the Project and the
understandings between the City and the Owners regarding the Project (such
amended and restated Development Agreement, the "Restated Development
Agreement").
D. As a condition to the City's approval of the final map for Vesting Tentative
Tract Map No. 50666 for the completion of construction of the Project and the City's
execution and recordation of the Restated Development Agreement, the City is
requiring that Owners record this Declaration to vacate, amend and restate the
Original Declaration in its entirety to address, among other things, changed
assumptions and conditions for development of the Project, including, without
limitation, the revised development plans for the Project, the taxes and fees imposed
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on the Golf Course (as defined below), the Owners' maintenance and management
obligations with respect to certain habitat conservation and restoration areas, trails,
streets, paths, open spaces, public facilities and amenities, park spaces, fire breaks,
drainage systems, fencing, planting and landscaping, and other areas and
improvements located on the Property and the City Property (as defined below), all as
more particularly set forth below and in the Property Dedication Documents and
Easement Dedication Documents.
E. The Owners have elected to comply with such condition being imposed
by the City by executing and causing to be recorded this Declaration.
NOW THEREFORE, the Owners hereby agree to vacate, amend and restate
the Original Declaration in its entirety as follows and to create the following restrictions
on the use and enjoyment of the Property:
1. Agreements of Owners. Owners (while they are the fee owners of those
parcels of the Property which comprise the golf course located on the Property ("Golf
Course")) and any subsequent owner(s) of those parcels of the Property which
comprise the Golf Course hereby agree as follows:
1.1. Owners shall pay to City the tax imposed pursuant to Chapter
3.40 of the Rancho Palos Verdes Municipal Code ("Municipal Code"), as set forth on
Exhibit B, hereto, attached hereto even if said tax is determined by a court of
competent jurisdiction to be invalid by virtue of Proposition 62 or any other applicable
law.
1.2 Section 3.40.020 of the Municipal Code defines "golf fees as "the
consideration charged, whether or not received, for the use of a golf course or driving
range, whether to be received in money, or in any other form including, without
limitation, services, credits, goods, or labor of any kind or nature, without any
deduction therefrom." Thus, golf fees do not include fees or charges for other services
or items that are required to be used or rented in order to play golf at a golf course or
driving range, such as, for example, the use of a golf cart, caddy or locker. Section
3.40.030 of the Municipal Code requires each user of the Golf Course to pay a tax to
the City in the amount of ten percent (10%) of the golf fees charged by the operator of
the Golf Course, as defined in Section 3.40.020. Section 3.40.040 requires the Golf
Course operator to collect the golf tax from users of the Golf Course, and Section
3.40.050 requires the Golf Course operator to remit the tax to the City.
(a) Owners (or their predecessors-in-interest) previously advised the
City that they require anyone wishing to play golf at the Golf Course to rent a
golf cart from the Trump National Golf Course, and that the fee to rent the golf
cart is included within the golf fees that currently are being charged to a user of
the Golf Course. Since the fee to rent the golf cart, and any other fee that is
charged for a similar service or item that is required to be used in order to play
golf, are not within the definition of "golf fees", as defined by the Municipal Code,
these other fees are not subject to the golf tax. Accordingly, if the golf fees
include items that are required to play golf but are not subject to the golf tax,
then it is appropriate to reduce the amount of the golf tax that Developer collects
from users of the Golf Course by an amount that corresponds to the charges
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for the additional required items or services, as set forth herein, so that the
appropriate amount of tax is established, collected from the users and paid to
the City.
(b) Developer may include within the golf fees that are charged for
the use of the Golf Course fees for other services or goods that are required to
be used or rented in order to use the Golf Course, such as a golf cart or caddy.
When Developer includes fees and charges for additional services or items that
are required to use the Golf Course within the golf fees that are charged to use
the Golf Course, the amount of the golf fees to which the City's ten percent
(10%) tax is applied is hereby reduced by twenty-five percent (25%).
(c) In no event shall Developer include within the golf fees charges
for any other items or services that are not required to be used to play golf, such
as the purchase of items at the pro shop, the purchase of food at the restaurant,
or the use of the catering facility. If Developer combines the opportunity to play
a round of golf with any other unrelated service, then for purposes of computing
the tax that is imposed pursuant to Chapter 3.40 of the Municipal Code, the
charge for the round of golf shall be imputed at the standard fee that Developer
charges to play a round of golf, without any discount, promotion or combination
of services.
(d) If Developer does not include within a fee that is charged to use
the Golf Course all additional fees or charges for items that are required to play
golf at Trump National Golf Course, and those items are charged separately to
the user of the Golf Course, then the provisions of this Section 1.2 are not
applicable to that fee, and Developer shall collect and pay to the City the full
amount of the ten percent (10%) golf tax without the twenty -five percent (25%)
reduction authorized by subsection 1.2(b), above. Furthermore, the total of all
of the additional fees or charges for items that are required to play golf at the
Trump National Golf Course, which Developer charges separately to the user
of the Golf Course, shall not exceed twenty-five percent (25%) of the golf fee
that is charged to the user to use the Golf Course.
1.3 Owners and any subsequent owner(s) of the portions of the
Property that comprise the Golf Course shall maintain, manage, and improve and
enhance (such improvement and enhancement obligations, however, shall be limited
to the extent required under the Project CEQA Environmental Documentation (as
defined in the Restated Development Agreement), the HCP (as defined below),
Implementing Agreement (as defined below), any separate agreement among or in
favor of the parties, and the Conditions of Approval (as defined below) for the Project),
to City's reasonable satisfaction, the streets, parkways, medians, paths, trails, park
areas, open space areas, parking areas, and fire and emergency access lanes located
on the Property and off-site, including on public rights-of-way and certain property
owned by the City (including, without limitation, property owned by the City pursuant
to the Property Dedication Documents and Easement Dedication Documents, and as
shown on Exhibit A-2, attached hereto) (all such City-owned property, the "City
Property"), and any improvements, public facilities, and/or amenities located thereon,
including, without limitation, all fences; signs; planting, vegetation, and landscaping;
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furniture; railings; benches; walls; trash and recycling containers; drinking fountains;
tables; comfort stations; decks; restrooms; handicap facilities; bridges; utilities;
drainage, sewer, storm drain, and irrigation systems; monitoring and dewatering we lls
(and upon request of City, shall convert any such monitoring wells into dewatering
wells) and other devices located on- or off-site to control the level of the ground water
or enhance the geologic stability of the Property and/or City Property; the three (3) on-
site public parking lots; the public restroom at the Golf Course clubhouse; and the fire
access lane abutting the Ocean Terraces Condominiums; and all similar
improvements, features, and facilities, and shall ensure the provision of sufficient
financial support for same (all such obligations, collectively, the "Maintenance
Obligations"). The Maintenance Obligations and the area subject to the Maintenance
Obligations are also separately described and/or shown in part in the (i) HCP, (ii)
conditions of approval issued by City and the California Coastal Commission for the
Project, including, without limitation, those set forth in the Coastal Development Permit
for the Project (CDP No. A-5-RPV-93-005-A24) and those set forth on Exhibit F,
attached hereto, and any further modifications or changes to such conditions of
approval (the "Conditions of Approval"), (iii) Landscaping and Irrigation Plan
approved by the City in September 2018 entitled "Trump National Golf Club Lot 'D'
Fire Buffer Area," and the related Fencing Plan, (iv) map entitled "City owned parcels
City Owned Public Trail Easements Tract 50666 and Tract 50667," dated August 27,
2018 ("Dedication Map"), attached hereto as Exhibit C, which was approved by the
City, (v) map entitled "Public Amenities Plan, Trail and Signage Tract 50666 and Tract
50667, dated September 4, 2018 (the "Final Public Amenities Plan"), attached
hereto as Exhibit D, which was approved by the City, (vi) Property Dedication
Documents, (vii) Easement Dedication Documents, (viii) License Agreement
(Switchbacks Area and Other City Property), dated on or about the date hereof,
between the City and the Owners, and recorded against the Golf Course Property,
and (ix) First Amendment to Shoreline Park License Agreement, dated on or about the
date hereof, between the City and Owners, and recorded against the Golf Course
Property. In the event that any replacement or repair work is required for any of the
existing fencing or signage on the Property or on the City Property from time to time,
written approval from the City's Director of Community Development approval shall be
required for the type of fencing or signage, materials used, and the color of the repaired
or replacement fencing or signage. Notwithstanding anything to the contrary set forth
in the Property Dedication Documents and/or Easement Dedication Documents,
except as provided under the following paragraph and Section 2 below, it is the intent
of this Declaration that any and all Maintenance Obligations shall be performed by the
Owners regardless of the City's ownership of the property and easements subject t o
such Maintenance Obligations, and in the event of any conflicts between the terms
and provisions under the Property Dedication Documents and/or Easement
Dedication Documents and the terms and provisions under this Declaration, the terms
and provisions set forth under this Declaration shall prevail.
Notwithstanding anything to the contrary set forth in this Section 1.3, any or all of the
obligations imposed on Owners hereunder may be delegated and/or transferred to
Palos Verdes Peninsula Land Conservancy ("PVPLC"), provided that (i) the City has
issued a written approval therefor, which approval may be withheld in its sole and
absolute discretion, (ii) the Coastal Commission has approved the delegation and/or
transfer of such obligations, (iii) Owners (or their successors-in-interest) provide
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sufficient financial security and all required funding necessary for PVPLC to assume
such obligations, (iv) the City is provided with a satisfactory form of assignment and
assumption agreement between Owner(s) and PVPLC for the transfer of such
obligations, which shall be recorded in the Official Records, and (v) the parties have
agreed to execute an amendment to this Declaration to provide for same.
If Owners or any subsequent owner(s) of those parcels of the Property which comprise
the Golf Course do not fulfill any material Maintenance Obligations as set forth in this
Section 1.3 to City's reasonable satisfaction, then, after providing Owners with t he
notice and opportunity to cure the default as set forth in Section 8 below, City may
commence proceedings to impose additional conditions of approval on the
development and operation of the Project to ensure such obligations are met, in
accordance with the notice and hearing requirements set forth in the Municipal Code.
This paragraph shall not limit any other rights, remedies, or causes of action that City
may have at law or equity to address said breach or to protect the public health and
safety, including, but not limited to, stopping the water supply to the Golf Course.
1.4 Owners shall continue to implement, as determined by City in its
reasonable discretion, all recommendations of the City Geologist regarding the
geologic stability of the Property and/or the City Property, including, without limitation,
the following:
(a) The recommendations under the "Geologic and Geotechnical
Recommendations For Ocean Trails Grading Plan" prepared by Converse
Consultants West;
(b) Implementation of the regular maintenance and review schedule
which includes scheduled monitoring of the level of the ground water, inspection
of the water hazards on the Golf Course to detect any leakage from the lake
liners, inspections of the flow from each horizontal drain cluster, and
inspections of the pressure of the Golf Course irrigation system, all of which
must be and submitted to the Director of Community Development within fifteen
(15) days of each inspection (the maintenance and observation r ecords shall
be evaluated on a regular basis by a Certified Engineering Geologist licensed
by the State of California, as determined by City in its reasonable discretion);
(c) If, after measurement, the groundwater rises more than ten feet
above the upper or lower bentonite bed in any well, immediate review shall be
required by a Certified Engineering Geologist licensed by the State of
California;
(d) Implementation of the recommendations of the Certified
Engineering Geologist, which previously reviewed and inspected the Property,
in its reporting on mitigation measures that should be taken to reduce the
potential for surface or groundwater problems, including the scheduling for
future inspections on-site;
(e) Maintaining and operating all monitoring and dewatering wells
located on the Property and/or City Property (and upon request of City, shall
convert such monitoring wells into dewatering wells) and other devices located
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on-site to control the level of the ground water or enhance the geologic stability
of the Property and/or City Property; and
(f) In the event the City Geologist determines that the existing
manual for the maintenance and monitoring requirements, including a copy of
the "As Graded Geologic Map" requires revision, in his or her reasonable
discretion, revise the same to reflect any changes in the conditions on the
Property and/or City Property.
If Owners or any subsequent owner(s) of those parcels of the Property which comprise
the Golf Course disagree with a recommendation or determination of the City
Geologist, Owners shall raise their objection in writing and submit it to the City
Manager or Director of Public Works within thirty (30) calendar days of written notice
of said recommendation. City then shall cause at least one other geologist who is/are
chosen by Owners and City to review the disputed issue and render a decision
thereon. The decision of the reviewing geologist(s) shall be final.
1.5 Owners' Obligations Regarding the Flag Pole.
(a) Owners shall not (i) materially increase the height of the flag pole
described under the Flag Pole Deed (the "Flag Pole") or the size of the flag(s)
located thereon (the "Flag"), or (ii) place any Flag(s) on the Flag Pole other
than a flag of the United States of America, in each case, without the prior
written consent of the City.
(b) Owners hereby covenant and agree to maintain and repair, or
cause to be maintained and repaired, the Flag and Flag Pole and all related on
site improvements and landscaping on the property described under the Flag
Pole Deed (the "Flag Pole Property"), in a first class condition and repair, free
of rubbish, debris and other hazards to persons using the same, and, in
accordance with all applicable laws, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having juris diction, at Owners'
sole cost and expense. Such maintenance and repair shall include, but not be
limited to, the care and replacement of all shrubbery, plantings, and other
landscaping in a healthy condition. In addition, Owners shall be required to
maintain the Flag and Flag Pole in such a manner as to avoid the reasonable
determination of a duly authorized official of the City that a public nuisance has
been created by the absence of adequate maintenance such as to be
detrimental to the public health, safety or general welfare, including without
limitation area aesthetics, or that such a condition of deterioration or disrepair
causes appreciable harm or is materially detrimental to property or
improvements within one thousand (1,000) feet of the Flag Pole Proper ty.
2. Long Term Maintenance of Habitat Areas and Monetary Contributions .
(a) In conjunction with processing the Project and obtaining other
permits required by other appropriate governmental agencies, including, but not
limited to, the U.S. Fish and Wildlife Service ("USFWS"), Owners predecessors-
in-interest processed a mitigation/restoration program for the preservation of
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and enhancement of certain areas both on -site and on certain City Property (all
such areas, the "habitat conservation areas"), which Owners are obligated to
adhere to. The habitat conservation areas located on the Property and/or City
Property are discussed at length in the Habitat Conservation Plan (known as
the Ocean Trails Residential and Golf Community Coastal Sage Scrub a nd
Sensitive Species Habitat Conservation Plan (PRT-799348)) which was
approved by City and the applicable resource agencies, and wh ich was
amended pursuant to that certain Habitat Conservation Plan Amendment,
approved by the City Council of City on July 18, 2000 (as so amended, and as
the same may be hereafter amended or modified from time to time with the
approval of the City and applicable resource agencies, the "HCP") as well as
under that certain Implementing Agreement for the HCP, which was amended
pursuant to that certain Amendment to the Implementing Agreement for the
Ocean Trails HCP, approved by the City Council of City on Jul y 18, 2000 (as
so amended, the "Implementing Agreement").
(b) As set forth in the HCP and Implementing Agreement, the
Owners, as successors to the interest of the original "Permittees" under the
HCP, are obligated to provide the funds necessary to carry out the conservation
measures within the HCP Plan Area (as defined under the HCP), which
includes the property known as the "Switchbacks" area ("Switchbacks Area")
and the property known as the "Shoreline Park" area ("Shoreline Property"),
each of which are owned by the City. In order to enable the Project to be
implemented and receive approval from the USFWS and the California
Department of Fish And Game ("DFG"), the City previously granted certain
offers to dedicate conservation easements over the Switchbacks Area and
Shoreline Property to the DFG pursuant to (i) the Irrevocable Offer to Convey
a Conservation Easement to the DFG recorded as Instrument Number 9 7-
1990231 on December 18, 1997, (ii) the Irrevocable Offer to Convey a
Conservation Easement to the DFG recorded as Instrument Number 97 -
1990232 on December 18, 1997, and (iii) the Irrevocable Offer to Convey a
Conservation Easement to the DFG recorded as Instrument Number 00 -
1456233 on September 18, 2000 (collectively, "Conservation Easements"),
which Conservation Easements have not yet been accepted by the DFG or
California Department of Fish and Wildlife (as successor-in-interest to the DFG)
("DFW"). Owners or any subsequent owner(s) of those parcels of the Property
which comprise the Golf Course, hereby agree to provide sufficient funding and
financial support for the DFW or any assignee of the DFW's rights under the
Easements (such as, for example, the PVPLC) as is reasonably necessary to
fund the actual costs solely to monitor and ensure the habitat located on the
property subject to the Conservation Easemen ts is preserved and protected in
perpetuity as set forth in the Conservation Easements.
(c) In addition, under the HCP, after the habitat is established, the
City is to perform the long term maintenance of the habitat conservation areas.
It is the intent of this Declaration that the Owners shall continue to perform City's
long term maintenance responsibilities under the HCP, to City's reasonable
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satisfaction. If Owners or any subsequent owner(s) of those parcels of the
Property which comprise the Golf Course do not fulfill the material maintenance
obligations with respect to the habitat conservation areas under the HCP and
the Implementing Agreement to City's reasonable satisfaction, then, after
providing Owners with the notice and opportunity to cure the default as set forth
in Section 7 below, City may (i) impose additional conditions of approval on the
development and operation of the Project to ensure such obligations are met,
in accordance with the notice and hearing requirements set forth in the
Municipal Code, and/or (ii) seek specific performance or seek any other
remedies or causes of action that City may have for such default at law or in
equity, and/or (iii) assume such maintenance obligations, and in addition to the
taxes and fees to be paid pursuant to Sections 1.1 and 1.2 above, Owners or
said subsequent owner(s) of such parcels shall pay a fee to City in the amount
of One Dollar ($1.00) per round of golf (or any portion thereof) played on the
Golf Course.
3. Conditions of Approval. Owners hereby acknowledge and agree to
comply with all Conditions of Approval issued by City and/or the California Coastal
Commission.
4. Indemnification.
4.1 Each of the Owners hereby agrees to indemnify, defend, and hold
City, its officers, agents, employees, members of its City Council and any commission,
partners, and representatives ("City Indemnitees") harmless from any and all claims,
actions, suits, damages, liabilities, and any other proceedings (whether legal,
equitable, declaratory, administrative, or adjudicatory in nature) (collectively,
"Claims"), asserted against City or City Indemnitees arising out of or in connection
with Owners' obligations under this Declaration, including, without limitation, (i)
obtaining City's approval of this Declaration and all documents related to this
Declaration, and (ii) liability for damage or claims for damage for personal injury
including death and claims for property damage which may arise from, or are
attributable to, Owners' (or Owners' contractors, subcontractors, agents, employees
or other persons acting on Owner's behalf ("Owners' Representatives") performance
of their respective obligations under this Declaration and/or the negligence or
misconduct of Owners or of Owners' Representatives which relate to the obligations
under this Declaration. City shall not be liable for any damage to property of any
Owners or of others located on the Property or the City Property for which Owners
have maintenance and management responsibility therefore, nor for the loss of or
damage to any property of any Owner or of others by theft or otherwise. City shall not
be liable for any injury or damage to persons or property resulting from fire, explosion,
steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or
from the pipes or plumbing, or from the street, or from any environmental or soil
contamination or hazard, or from any other latent or p atent defect in the soil,
subsurface or physical condition of the Property or, with respect to those conditions
caused solely by the Owners’ maintenance and management thereof, the portions of
the City Property for which Owners have maintenance and managem ent obligations
for.
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4.2 Nothing in this Section shall be construed to mean that Owners
shall indemnify, hold City and City Indemnitees harmless and/or defend them to the
extent of any Claims arising from the negligence, willful misconduct or illegal acts of
any of the City Indemnitees.
4.3 In the event that any Claim is filed against City or any City
Indemnitees, City shall notify Owners of such Claim in a timely manner. Provided that
each of the Owners have been permitted to select the legal counsel to represent such
Owners and City in connection with such action, subject to approval by City, which
shall not be unreasonably withheld, (i) Owners shall reimburse City for its costs and
legal expenses incurred after the date of this Declaration in any such action, including,
without limitation, its reasonable City Attorneys' fees and costs or other legal counsel
in monitoring the action, and (ii) if in any such action there is an order, ruling, or
judgment which includes a requirement that the City pay damages or reimburse any
party for legal fees or costs incurred in connection with that action that the applicable
Owner is required to indemnify against and/or pay for, each Owner hereby agrees that
it will pay said damages, fees and costs. Notwithstanding the foregoing, it is expressly
agreed that the City shall have the right to utilize the City Attorney's office or use other
legal counsel of its choosing; provided, however, that Owners' obligation to pay the
reasonable defense costs of the City for separate representation by the City shall not
be required to be paid until final judgment, including any appeals. City agrees to fully
cooperate with Owners in the defense of any matter in which any Owner is defending
and/or holding the City harmless. If City or any of the Owners determine that the legal
counsel selected would have a conflict of interest in representing such Owner and
City, then City may engage its own legal counsel to represent City in connection with
such action, which shall be fully reimbursed by such Owner, provided that City def ends
the action in good faith and that its defense and legal costs are reasonable.
Additionally, in such event, the applicable Owner shall not be required to enter into
any settlement entered into by City without such Owner's consent unless the
settlement (i) does not admit fault of the Owners, (ii) contains a release of the Owners,
and (iii) does not require the payment of funds by Owners under the indemnity or
otherwise. In the event of any litigation challenging the effectiveness of the
Agreement, or any portion hereof, this Declaration shall remain in full force and effect
while such litigation, including any appellate review, is pending.
4.4 These indemnification provisions shall survive the expiration or
termination of this Declaration.
5. Insurance Obligations.
5.1 Insurance Policies. Without limiting Owners' indemnification
obligations set forth above, Owners shall obtain, provide and maintain at its sole cost
and expense during the entire term of this Declaration, the following policies of
insurance which shall cover the City and a ll City Indemnitees. Owners shall provide
certificates of insurance to City as evidence of the insurance coverage required herein.
(a) General Liability Insurance. A policy of comprehensive
commercial general liability insurance with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than
$5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury,
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personal injury, and property damage. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(b) Automobile Liability Insurance. A policy of automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the Owners arising out of or in
connection with the maintenance obligations to be performed un der this
Declaration, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional Liability Insurance. A policy of professional liability
insurance that covers the maintenance obligations and activities to be
performed in connection with this Declaration, in the minimum amount of
$1,000,000 per claim and in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the effective date of this
Declaration and Owners agree to maintain continuous coverage throughout the
term of this Declaration.
(d) Workers’ Compensation Insurance. A policy of employers' liability
insurance with limits of at least $1,000,000, and a policy of workers'
compensation insurance in such amount as will fully comply with the laws of the
State of California, and which shall indemnify, insure and provide legal defense
for the Owners against any loss, claim or damage arising from any injuries or
occupational diseases occurring to any worker employed by or any persons
retained by the Owners in the course of carrying out the maintenance
obligations and activities contemplated in this Declaration.
5.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State
of California, with an assigned policyholders’ rating of "A-" (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key
Rating Guide, unless otherwise approved by the City’s Risk Manager.
5.3 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Declaration shall be endorsed to waive subrogation against
City and City Indemnitees or shall specifically allow Owners or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Owners hereby waive their respective rights of recovery
against City, and shall require similar written express waivers and insurance clauses
from each of its subconsultants. The waiver of subrogation endorsement in favor of
City and City Indemnitees shall be submitted to City together with the certificates of
insurance required hereunder.
5.4 Primary/Noncontributing. Coverage provided by Owners shall be
primary and any insurance or self-insurance procured or maintained by City shall not
be required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
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or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non -contributory basis for the benefit of
City before the City’s own insurance or self-insurance shall be called upon to protect
it as a named insured.
5.5 Non-Compliance. Owners acknowledge and agree that any
actual or alleged failure on the part of the City to inform Owners of non -compliance
with any requirement under this Section 5 shall impose no additional obligations on
the City nor does City waive any rights hereunder.
5.6 Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section 5 are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Owners maintain higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the
Owners. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City for valid Claims.
5.7 Cancellation. Owners agree to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
6. Duration.
6.1 Subject to the provisions of Section 6.2 below, this Declaration
shall remain in full force and effect so long as the Project, including, without limitation,
the Golf Course and golf clubhouse (currently known as the Trump National Golf Club),
or any modification of said development remains in existence in or upon any part of
the Property, and thereby confers benefit upon the Property, and shall bind Owners
and all of their assigns or successors in interest.
6.2 Within five (5) business days after request from Owners from time
to time, Owners and the City shall enter into amendments of this Declaration
terminating the obligations that would pertain to any successors in interest to Owners
under this Declaration as to any portion of the Property upon which a final tract map
or a final parcel map has been recorded solely for purposes of development of one or
more residential dwelling units ("Transferred Residential Property"); provided,
however, that Owners, and any successors or assigns of Owners' interest in the
portion of the Property that includes the Golf Course shall continue to be bound by the
covenants and obligations of Owners under this Declaration for all maintenance and
improvement obligations required hereunder with respect to such Transferred
Residential Property.
7. Review and Monitoring For Compliance. The City and Owners shall review
the Owners' compliance with its Maintenance Obligations and compliance with
the terms and conditions under this Declaration throughout the calendar year.
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The City Council, at a duly noticed public hearing, shall at least once every
twenty four (24) months review the Owners’ compliance with its Maintenance
Obligations, unless the City determines City Council review is warranted earlier
than every twenty four months, based on a tracking system and protocols
implemented by City for monitoring compliance. Owners shall implement and/or
perform all reasonably practical recommendations or requirements of City
throughout the calendar year and following such biennial review.
8. Subordination. The holder of any mortgage, deed of trust or any other
monetary lien encumbering the Property shall execute the form of Subordination which
is attached to this Declaration as Exhibit E.
9. Default. If City determines on the basis of substantial evidence that an
Owner has not complied in good faith with the material terms and conditions of this
Declaration, City shall, by written notice to such Owner, specify the manner in which
such Owner has failed to so comply and state the steps such Owner must take to bring
itself into compliance. If, within sixty (60) days after the effective date of notice from
City specifying the manner in which such Owner has failed to so comply, such Owner
does not commence all steps reasonably necessary to bring itself into compliance as
required and thereafter diligently pursue such steps to completion, then such Owner
shall be deemed to be in default under the terms of this Declaration and City may (i)
impose additional conditions of approval on the development and operation of the
Project to ensure such obligations are met, in accordance with the notice and hearing
requirements set forth in the Municipal Code, and/or (ii) seek specific performance or
seek any other remedies or causes of action that City may have for such default at law
or in equity, and/or (iii) solely with respect to a default by Owners under Section 2,
assume Owners' maintenance obligations under Section 2, and in addition to the taxes
and fees to be paid pursuant to Sections 1.1 and 1.2 above, Owners or said
subsequent owner(s) of such parcels shall pay a fee to City in the amount of One
Dollar ($1.00) per round of golf (or any portion thereof) played on the Golf Course.
The parties acknowledge that money damages and remedies at law may be
inadequate and that specific performance is appropriate for the enforcement of this
Declaration. Therefore, the remedy of specific performance shall be available to the
City. Nothing in this Section 8 shall limit any other rights, remedies, or causes of action
that City may have at law or equity.
10. Notices. All notices, including, without limitation, all approvals and
consents, required or permitted under this Declaration shall be delivered in person, by
messenger, by overnight mail courier, or by registered or certified mail, postage
prepaid, return receipt requested, to Owners and/or City at its address shown below,
or to any other notice address designated in writing by such party. Any notice so
delivered by messenger shall be deemed delivered upon actual delivery. Any notice
so delivered by US mail shall be deemed delivered three (3) days after deposit in the
US Mail.
TO CITY: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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Attn: City Manager
AND TO: Aleshire & Wynder, LLP.
2361 Rosecrans Ave., Suite 475
El Segundo, CA 90245
Attn: William Wynder
TO DEVELOPER: VH Property Corp.
dba Trump National Golf Club Los Angeles
One Trump National Drive
Rancho Palos Verdes, CA 90275
Attn: Jill A. Martin
AND TO: VH Property Corp.
dba Trump National Golf Club Los Angeles
c/o The Trump Organization
115 Eagle Tree Terrace
Jupiter, FL 33477
TO VHPS: VHPS, LLC
c/o One Trump National Drive
Rancho Palos Verdes, CA 90275
Attn: Jill A. Martin
AND TO: VHPS, LLC
dba Trump National Golf Club Los Angeles
c/o The Trump Organization
115 Eagle Tree Terrace
Jupiter, FL 33477
11. Attorneys' Fees. If legal action is brought by City against Owners for
breach of this Declaration, or to compel performance under this Declaration, the
prevailing party shall be entitled to recover from the other party or parties all
reasonable costs and expenses, including reasonable attorneys' fees and court costs
incurred by the prevailing party in any such dispute (whether or not such dispute is
prosecuted to a final judgment or other final determination), together with all
reasonable costs of enforcement and/or collection of any judgment. Attorneys' fees
shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys'
fees shall be entitled to all other reasonable costs for investigation of such action,
including the conducting of discovery.
12. Authority. The persons executing this Declaration on behalf of the
Developer and VHPS warrant that (i) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Declaration on behalf of said party, (iii)
by so executing this Declaration, such party is formally bound to the provisions of this
Declaration as may be applicable to that party, and (iv) the entering into this
Declaration does not violate any provision of any other agreement to which said party
is bound.
13. Covenants Run with the Land. The covenants, conditions, restrictions
A-19
Resolution No. 2026-__
Page 20 of 29
and indemnification obligations of Owners under this Declaration, shall (i) run with the
land and shall be binding upon Owners and any successors or assigns of Owners'
interest in the portion of the Property that includes the Golf Course in perpetuity, and
(ii) benefit the City and the City Property.
14. Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a party shall give the
other party any contractual right by custom, estoppel, or otherwise.
15. Effect on Prior Declaration. The parties agree that the Original
Declaration is hereby vacated, and amended and restated in its entirety pursuant to
the terms and provisions of this Declaration and shall no longer have any force nor
effect.
16. Amendments. No amendment to or modification of this Declaration shall
be valid unless made in writing and approved by both City and Owners (or their
successors-in-interest).
17. Cooperation; Further Acts. The parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may
be necessary, appropriate, or convenient to attain the purposes of this Declaration.
18. Governing Law. This Declaration shall be governed by, and construed
in accordance with, the laws of the State of California without regard to conflict of law
principles
19. Incorporation of Recitals and Exhibits. The Recitals and attached
Exhibits are hereby incorporated into this Declaration by this reference as though fully
set forth in full.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
A-20
IN WITNESS WHEREOF, the Owners hereto have executed this Declaration
on the date and year first-above written.
VHPS:
VHPS, LLC,
a Delaware limited liability company
By:
______________________________
Name:
Title:
By:
_______________________________
Name:
Title:
DEVELOPER:
VH PROPERTY CORP.,
a Delaware corporation
By:
________________________________
Name:
Title:
By:
_______________________________
Name:
Title:
A-21
NOTARY ACKNOWLEDGMENT
A-22
EXHIBIT A-1
Description / Depiction of the Property
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-23
EXHIBIT A-2
Description / Depiction of the City Property
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-24
EXHIBIT B
Chapter 3.40 of the Municipal Code
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-25
EXHIBIT C
Dedication Map
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-26
EXHIBIT D
Final Public Amenities Plan
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-27
EXHIBIT E
Form of Subordination Agreement
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-28
EXHIBIT F
Conditions of Approval
[See attachment on previous Maintenance Agreement
document recorded on November 27, 2018]
A-29
FOLLOW UP AGENDA REPORT
APRIL 21, 2026
Follow Up Agenda Report
April 21, 2026
Page 1 of 2
A.Approval of Minutes (Zweizig)Approved the Minutes of April 7, 2026 Meeting (Regular/Special)
APPROVED
B.Registers of Demands (Anguiano)Adopted Resolution No. 2026-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING
FUNDS FROM WHICH THE SAME ARE TO BE PAID.
APPROVED
APPROVED
D.Consider accepting Gifts for Parks donations. (Fox)Accepted Gifts for Parks donations and directed Staff to prepare donor letters of
appreciation for the Mayor’s signature.
APPROVED
Boulevard (Approximately 830-feet North of Crest Road)
Storm Drain Contract. (Mesker)
replace the deteriorating storm drain on Crenshaw Boulevard approximately 830-feet north
of Crest Road as complete;
2)Authorized the City Clerk to file a Notice of Completion (NOC) for the project with the Los
Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after
recordation, send a notice to the surety company to exonerate the Performance Bond; and,
3)Authorized the Contract Officer to release the 5% construction retention payment to
Colich & Sons L.P., 35 days after recordation of the NOC by the Los Angeles County
Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the
contractor posting an acceptable warranty bond with the City.
APPROVED
F.Consider a Notice of Completion for the Hawthorne
Boulevard and Indian Valley Road Sinkhole Contract.
(Mesker)
address the sinkhole at the intersection of Hawthorne Boulevard and Indian Valley Road as
complete;
2)Authorized the City Clerk to file a Notice of Completion (NOC) for the project with the Los
Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after
recordation, send a notice to the surety company to exonerate the Performance Bond; and,
3)Authorized the Contract Officer to release the 5% construction retention payment to
Colich & Sons L.P., 35 days after recordation of the NOC by the Los Angeles County
Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the
contractor posting an acceptable warranty bond with the City.
APPROVED
G.Consider ratifying payments for emergency services related
to storm drain repairs on Crenshaw Boulevard
approximately 830-feet north of Crest Road. (Mesker)
Boulevard approximately 830-feet north of Crest Road during the period between March 9,
2026 and March 24, 2026 in the amount of $360,110 to Colich and Sons, L.P.; and,
2)Received and filed a report of all costs to complete the emergency work.
APPROVED
and emergency contracting for the Greater Portuguese
Bend-Ancient Altamira Landslide Emergency Project.
(Copp)
Emergency Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024,
finding an emergency exists requiring immediate action in the Greater Portuguese Bend-
Ancient Altamira Landslide Complex (Landslide Complex) to seek to mitigate the movement
of the landslide; and,
2)Directed the City Clerk to confirm the same in the minutes of this City Council meeting,
via Minute Order, reflecting this action.
APPROVED
(Sisson)APPROVED
J.Consider naming and outreach efforts for the City’s
emergency radio station. (Mohammad)station and its integration into the community to promote public awareness and utilization;
2)Directed staff to evaluate and present options for a community-based contest to rename
the City’s emergency radio station; and,
3)Directed staff to research and report back on potential staffing models for operation of
the radio station.
APPROVED AS AMENDED
Annual Tax Assessments for Abalone Cove Landslide
Abatement District (ACLAD) and Klondike Canyon Landslide
Abatement District (KCLAD). (Ramos)
2026-27 for ACLAD and KCLAD; and,
2)Authorized the payment of $860,300 for FY 2026-27 tax assessments consisting of
$384,398 for ACLAD and $475,902 for KCLAD based on each Geologic Hazard Abatement
District’s property assessment formula.
APPROVED
Club’s compliance with its maintenance obligations (Case
No. PLMH2026-0001). (Seeraty)
with its maintenance obligations relating to trails and open space pursuant to the 2018 City
Council-approved Amended and Restated Declaration of Restrictions (Case No. PLMH2026-
0001); and,
2)Considered Applicant’s request to amend the Maintenance Agreement conditions to
reduce the City Council reviews from annually to biennially, and if deemed acceptable,
direct Staff to bring the condition amendment back for future consideration by the City
Council at a duly noticed public hearing.
APPROVED
C-1
Follow Up Agenda Report
April 21, 2026
Page 2 of 2
recruitment, and retention efforts per Assembly Bill (AB)
2561 and Government Code § 3502.3. (Jacinto/Godinez)
efforts in compliance with the legal obligations under AB 2561/Government Code § 3502.3
APPROVED
C-2
March 30th , 2026
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Dear Members of the City Council,
LOS ANGELES
I hope this letter finds you w ell. I am writing on behalf of Trump Nation al Golf Club, to request a
modification of the annual trail maintenance review requirement.
We appreciate the collaborative relationship we share with the City and the Council's commitment to
maintaining the beauty and accessibility of our local trails. Since the inception of the review requirement,
w e have worked closely with the City staff, including via periodic virtual meetings, regular phone calls and
emails to ensure that any and all trail maintenance issues are promptly addressed.
City staff closely monitors progress with any issues addressed through these channels regularly and
through the "CityWorks" software program .
Accordingly, in light of these instantaneous modes of addressing issues, and after several successful
years of annual trail maintenance reviews, we seek to transition to a biennial process which will enhance
efficiency and effectiveness for both the Council and the Club.
Specifically, we believe the transition to biennial reviews is supported by improvements to the following
objectives:
1. Streamlined Communication: Reducing the frequency of presentations would enable the C lub to
concentrate on comprehensive updates and significant developments rather than routine reports.
2. Consistency in Maintenance: A biennial review aligns with the long -term planning and sustainability
goals we have fo r the trails, ensuring that maintenance practices are both effective and consistent.
Taking those points to account, we respectfully request the Council to consider this a djustment to our
review schedule. Thank you for your consideratio n. We look forward to discussing this matter further and
continuing our • • e partnership with the City.
D-1
From:sb93105@icloud.com
To:Amy Seeraty
Cc:Katie Lozano; Eric Wolterding
Subject:Public Hearing Comment – Trump National Golf Club Maintenance Agreement Amendment [Case No. PLMH2026-
0002]
Date:Tuesday, May 19, 2026 8:44:34 AM
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the
content is safe!!!.
PUBLIC COMMENT SUBMISSION
City of Rancho Palos Verdes
Community Development - Planning Division
Attn: Amy Seeraty, Senior Planner
Subject: Public Hearing Comment – Trump National Golf Club Maintenance
Agreement Amendment [Case No. PLMH2026-0002]
Submitted By: Robert Eichler
Date: May 19, 2026
Dear Ms. Seeraty and City Council,
Would it surprise you to learn that nothing has changed on the Ocean Trails trail
system since the April 21, 2026 City Council Meeting? Indeed, really, the level of
trail maintenance effort by TNGC on behalf of the Ocean Trails trail system
remains rather modest in a changing, changed environment.
The Ocean Trails are a valued community asset, offering exceptional coastal views
and serving as an important recreational space. Their current condition, however,
detracts from the natural environment and presents some safety concerns. Current
issues:
Broken fence posts - cliff side - remain .
Overgrown shrubs, a dead tree, and extended branches obstructing pathways
remain.
Significant accumulated leaf debris and significant sand on walkways
remain.
Widespread pet waste, both recent and long-neglected, remain.
Old litter in the parking lot remain. Litter from weekend visits = most
pervasive.
E-1
Opportunity for additional dog waste and trash cans along the trail system not
implemented currently.
Reposition dog waste station from TNGC parking lot to trail head still
considered?
Dog waste station bag outages - frequent.
Yet the Ocean Trails trail system is seeing a significant visitor rate, significant dog
walkers, increase likely due landslide-related trail closures at Abalone Cove
Reserve and the Portuguese Bend Reserve. We are now seeing unsightly and in
some cases, unsafe conditions. It’s been going on for some time now and is
inconsistent with the standards expected for a public-access trail system of this
prominence. In this changing, changed environment, what additional is being asked
by the City of RPV of TNGC in this biennial approval? What additional is TNGC
proactively stepping up to help maintain?
Again, respectfully requesting that the City thoroughly investigate these conditions
as part of the trail monitoring and maintenance review and take appropriate action
to ensure that the trails are maintained to a well-maintained state. Routine upkeep—
such as vegetation trimming, debris removal—would significantly improve both
safety and the visitor experience.
Thank you for including this comment in the public hearing record. I plan on
attending the public hearing via Zoom on Tuesday, June 2, 2026. I look forward to
the City’s response and to ANY MEANINGFUL STEPS being taken by the City
and TNGC to preserve and protect these important community trails.
Respectfully submitted,
Robert Eichler
Rancho Palos Verdes Resident
Begin forwarded message:
From: sb93105@icloud.com
Subject: Public Hearing Comment – Trump National Golf Club Trail
Monitoring and Maintenance Review
Date: April 6, 2026 at 10:41:20 AM PDT
To: Amy Seeraty <amys@rpvca.gov>
PUBLIC COMMENT SUBMISSION City of Rancho Palos Verdes
E-2
Community Development – Planning Division Attn: Amy Seeraty, Senior
Planner
Subject: Public Hearing Comment – Trump National Golf Club Trail Monitoring
and Maintenance Review [Case No. PLMH2026-0001]
Submitted By: Robert Eichler
Date: April 6, 2026
Dear Ms. Seeraty,
I am submitting this letter as public comment for the upcoming hearing on the
Trump National Golf Club trail monitoring and maintenance review. Since
December 2024, as you may be aware, I have written to the City multiple times—
each time including photographs—documenting the observable and worsening
deterioration of the Ocean Trails adjacent to the Trump National Golf Course.
Despite these repeated submissions, the conditions have not improved and, in
many areas, have continued to decline.
As a frequent user of these trails, I have witnessed that maintenance has become
virtually nonexistent, even though as I understand, the responsibility lies with the
Trump National Golf Course. This is particularly concerning given the substantial
resources clearly available on-site, including a full greenskeeping staff and
extensive John Deere maintenance equipment. With this level of staffing and
machinery, it is difficult to understand how the Ocean Trails could be allowed to
fall into such disrepair. Trail maintenance requires time, effort, and basic
stewardship—none of which appear to be occurring by Trump National Golf
Course.
The Ocean Trails are a valued community asset, offering exceptional coastal
views and serving as an important recreational space. Their current condition,
however, detracts from the natural environment and presents safety concerns.
Issues I have personally observed include:
Broken fence posts
Overgrown shrubs and extended branches obstructing pathways. Neglect
for native plant species, care.
Significant accumulated leaf debris and, at times, golf course sand on
walkways. Significant trail sand accumulations in spots.
Widespread pet waste, both recent and long-neglected
Litter in the parking lot and along the trails, including bottles and other
discarded items
This level of neglect is unsightly, unsafe, and inconsistent with the standards
expected for a public-access trail system of this prominence.
E-3
I respectfully request that the City thoroughly investigate these conditions as part
of the trail monitoring and maintenance review and take appropriate action to
ensure that the trails are restored to a safe and well-maintained state. Routine
upkeep—such as vegetation trimming, debris removal, and basic infrastructure
repairs—would significantly improve both safety and the visitor experience.
I also invite you and other City officials to join me for a brief walk-through of the
affected areas. I would be glad to meet at the La Rotonda Drive parking area for a
30‑minute tour to provide firsthand insight into the concerns described above.
Thank you for including this comment in the public hearing record. I do plan on
attending the public hearing on Tuesday, April 21, 2026 @ 7:00pm. I look
forward to the City’s response and to meaningful steps being taken to preserve
and protect these important community trails.
Sincerely,
Robert Eichler Rancho Palos Verdes Resident
E-4
From:William James
To:Brandy Forbes; Amy Seeraty
Cc:Lili Amini
Subject:Trump Maintenance Agreement
Date:Tuesday, May 19, 2026 12:01:27 PM
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content is safe!!!.
Case No. PLMH2026-0002 — June 2, 2026
Dear City Council Members,
The Palos Verdes Seacliff Hills Homeowner's Association supports
the proposed amendment to modify the Trump National Golf
Club Maintenance Agreement for trails and open spaces to
reduce the mandatory City Council review period from annually
to biennially.
Our homeowner's association is situated directly across Palos
Verdes Drive South from the golf course between Palos Verdes
Drive East and Forrestal Drive. The Trump Golf Club has always
been respective of our HOA in connection with their events (e.g.,
posting no parking signs and directing traffic), and has
consistently done a good job maintaining the walking trail on the
south side of Palos Verdes Drive. It has been a good neighbor to
our HOA and a conscientious member of the greater community.
Reducing administrative work should benefit both the City
Council and City staff.
William James, President,
Palos Verdes Seacliff Hills HOA
E-5
From:JOSEPH LINDORFER
To:CC; Amy Seeraty
Subject:Trump National Maintenance Agreement 3 PLMH2026-002
Date:Friday, May 22, 2026 11:42:43 AM
You don't often get email from lindorfer1@cox.net. Learn why this is important
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content is safe!!!.
I am Opposed to amending the Maintenance REVIEW period from one year to two years.
Joseph Lindorfer
E-6
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Trump Nat"l. Maintenance Agreement Amendment June 2, 2026
Date:Friday, May 22, 2026 12:00:56 PM
Importance:High
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is safe!!!.
To Mayor Seo and City Council Members and Staff,
I am opposed to amending the Trump Maintenance Agreement REVIEW from one year to two(2)
years. The property is Not well-maintaned. It seems when the Review is due, some work is done.
If extended to 2 years, I can imagine what the property will look like!
Please walk the area if possible before the June 2nd meeting to see for yourselves the conditions.
Not all can be seen from the road.
The decomposed granite pathway has large weed growing on it, the asphalt bikeway has cracks
and fissures that need repair.
Foliage Complaints are sent to the city and Planner Amy Seraty has advised the Trump staff that
they need to trim foliage that has grown above the top of the Southern BERM and also need to
trim the New Zealand hedge at the west end of the driving range. Why do the residents and
visitors who use the area have to submit complaints? Because the area is Not being well-
maintained by VH Properties even with yearly Reviews
!
THe Mitigation Measures and Conditions of Approval require that Ocean Views be protected.
Notice the foliage that exdeeds the height of the southern berm. It is supposed to be trimmed to
below the berm.
I walked April 21,'26 and observed and meaured the New Zealand Christmas Tree Hedge at the
west side of the Trump National Driving Range. It is Not within the height limitations. There are
Poles placed to indicate the Limit of height and width of the hedge. I saw that the foliage extends
in length approximately nine(9) feet beyond the limiting poles on either end of the hedge! And
the height exceeds the poles by about 2 to 3 feet! Why?
Why aren't the restrictions met, even before a yearly review?
Observe the foliage along PVDr.So. near La Rotunda Dr.. The foliage has grown above and beyond
the fencing, totally blocking the ocean view for the travelling public driving along PV Dr. So. This
is unacceptable.
There is also an issue with errant golf balls landing on private progerty, but I don't believe that is
under consideration with this item. If balls are flying over the berm and hedge, that's a big
E-7
problem.
For these reasons I ask you not to extend the Review perioed to 2 years.
Please see the photos I am sending.
Thank you for your service to RPV!
Lenée Bilski
Sent from my iPhone
E-8
From:Lenée Bilski
To:CC; Amy Seeraty
Subject:Cracks and fissures in bike trail May 21, 2026
Date:Friday, May 22, 2026 1:48:34 PM
Importance:High
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is safe!!!.
May 21, 2026
If this is how this property is maintained and prepared for its Annual Review, how will it be if only
a review every 2 years ?!
Please do not extend the Review period from annually to biennially.
E-9
From:Lenée Bilski
To:CC; Amy Seeraty
Subject:Trump pole overgrowth - NZ hedge
Date:Friday, May 22, 2026 1:34:25 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
May 21. 2026
E-10
From:Lenée Bilski
To:CC; Amy Seeraty
Subject:Trump NZ tree over growth
Date:Friday, May 22, 2026 1:31:48 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
The overgrowth is three(3) yardsticks beyond, to the left, of the Pole at north end, and also south end of
the NZ hedge.
E-11
From:Lenée Bilski
To:CC; Amy Seeraty
Subject:Trump trails overgrowth
Date:Friday, May 22, 2026 1:26:28 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
E-12
From:Lenée Bilski
To:CC; Amy Seeraty
Subject:Trump Nat"l. hole in trail
Date:Friday, May 22, 2026 1:24:43 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
May 21, 2026
E-13
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Trump trails May 21, 2026
Date:Friday, May 22, 2026 1:18:25 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
Weeds on and alongside trail
E-14
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Trump trails
Date:Friday, May 22, 2026 1:15:59 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
May 21, 2026
E-15
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Trump pole overgrowth NZ trees
Date:Friday, May 22, 2026 1:09:23 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
May 21, 2026
POLE
E-16
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Vegetation in pedestrian trail May 21, 2026
Date:Friday, May 22, 2026 1:07:51 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
E-17
From:Lenée Bilski
To:CC; Amy Seeraty
Cc:Ara Mihranian
Subject:Trump trails overgrowth
Date:Friday, May 22, 2026 1:06:59 PM
Importance:High
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content
is safe!!!.
May 21, 2026
E-18
From:Uday Patil
To:Ara Mihranian; Amy Seeraty; CC
Subject:Trump National Maintenance Agreement Case PLMH2026-0002
Date:Friday, May 22, 2026 11:15:31 AM
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the
content is safe!!!.
I am opposed to amending the Trump Golf Club Maintenance Agreement
review from one year to two years. The property especially the trails need
more maintenance now and allowing more time between City Reviews will only
hurt the situation.
Please do Not approve this Amendment.
Thank you
Uday Patil
4011 PVDS
RPV 90275
E-19
From:Lenée Bilski
To:Amy Seeraty
Subject:Request
Date:Friday, May 22, 2026 11:07:56 AM
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the
content is safe!!!.
Good morning, Amy,
Would you please ask Lili Amini for a copy of the regular schedule of maintenance work on the
property? Areas, frequency, etc.
Also, when you are told that complaints have been addressed by Trump staff, how is follow-
up done by the city to confirm? Or is it?
I know RPV contractors who maintain the city property have weekly, monthly, quarterly
schedules, etc., like trimming and weeding the medians, cutting back foliage along the roads,
street sweeping, tree trimming, street re-surfacing, etc.
Thanks for you assitance!
Lenée
E-20
From:Elizabeth Sax
To:CC; Amy Seeraty
Subject:Trump National Maintenance Agreement 3 PLMH2026-002
Date:Friday, May 22, 2026 3:17:56 PM
You don't often get email from saxhouse1@gmail.com. Learn why this is important
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the
content is safe!!!.
I am OPPOSED to amending the Maintenance review period from one year to two years.
Currently, many of the shrubs and trees surrounding the Trump National golf course are
looking rather unkept. I have seen a lot of maintenance on the trees surrounding the main
park for which I’m grateful, but the land is expansive and shrub and tree growth happens
very fast on the coast because of the fog and moisture carried by ocean breezes. When
shrubs are left not checked for over a year they can become leggy and spill over into
pathways. They can also
become dense with dry under growth making them a major fire hazard and
Trump National Golf Course is in a High Risk Fire Zone.
This dense undergrowth left unchecked also makes it hard to see coyote dens, rattle snakes
and snake holes and sadly, where there are taller shrubs and trees, the homeless. On
occasion I see wrappers and cans left by the wall of trees at the end of the driving range
(the west side (near PBC)) where possible teens or homeless can find a hollow spot for
privacy. I walk those grounds, often twice a day, with my dog and I want to be able to see
under those trees to know it’s safe for both of us.
It’s not only about the high growth of trees but also about the undergrowth as well.
Another concern for the protection of our city is the cracking surfaces in the park and
pathways since this property falls in the range of excessive land movement.
This leaves the city of RPV at risk. Our City needs to ensure paths are clear of leggy
shrubs and cracks to prevent falls.
RPV can expect high levels of pedestrian access to the Trump paths, especially in the
Summer and Fall months. This foot traffic requires diligent review of the shrubs, path
surfaces, bridge stability and foliage by the city of RPV. Double checking annually not
biannually for hidden hazards is wise and necessary once a year at a minimum.
I feel the city owes that respect to all who enjoy the surrounding paths and parks at
Trump National.
Thank you for considering what I have written.
E-21
Elizabeth Sax
4022 Admirable Dr.
RPV
E-22