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HomeMy WebLinkAboutA2435 - RIVERSIDE COUNTY AGUA CALIENTE TAHQUITZ PARK FLOOD CONTROL RCFCI RCFC&WCD & Agua Caliente Band of Cahuilla Indians Tahq. Regional Park Flood Control structures AottionEN6-174 Z- - - G>,, TRIPLICATE " `� .z- ORIGINAL AGREEMENT NO. I This agreement, dated 1987, is made by and among the Agua Caliente Band of Cahuilla Indians, acting through its Tribal Council, referred to herein as TRIBAL COUNCIL ; Riverside County Flood Control and Water Conservation District, referred to herein as DISTRICT; and the City of Palm Springs, referred to herein as CITY. This agreement is subject to the following conditions before it shall become effective: (1) the agreement shall have been approved by the governing body of each of the parties, and its execution by an appropriate representative shall have been authorized in writing; (2) the City Council of the City of Palm Springs shall have held at least one public hearing on using part of Tahquitz Regional Park for flood control structures, and on the proposed storage, curatorial, and interpretive facility and any proposed recreational facilities. This agreement is made with reference to certain real property acquired by CITY in part with its own funds, in part with funds from various state and federal grants, including Historic Preservation Grant Projects Nos. 06-75-00103-00 and 06-76-0172-00, a grant of state funds appropriated in Item 412A (200) of the Budget Act of 1974 ; and further with reference to a certain Joint Powers Agreement between CITY and the County of Riverside dated August 31, 1976, as thereafter amended, relating to Tahquitz Regional Park; and with reference to DISTRICT'S proposed Tahquitz Creek Flood Control Channel Project; and is intended to resolve certain apparent conflicts between the desired objective of flood protection for that portion of CITY lying within the Tahquitz Creek watershed and flood plain, and the conditions and restrictions imposed upon CITY'S use of land acquired with state and federal funds for park and open space and historical preservation purposes. This agreement is further intended to comply with California Public Resources Code Section 5096. 102 , added by Chapter 1021, Statutes of 1985. Based upon the foregoing references, and upon the mutual promises herein contained, THE PARTIES AGREE AS FOLLOWS: A. CITY AGREES: 1. FLOOD CONTROL USES. Outside the scope of this agreement, CITY intends to authorize the use of the part of Tahquitz Regional Park adjoining Tahquitz Creek for flood control purposes, including without limitation flood control structures, as proposed in DISTRICT'S Tahquitz Creek Flood Control Channel Project, Stage II. 2 . TRANSFER REAL PROPERTY IN TRUST TO UNITED STATES. To transfer title to that portion of Tahquitz Regional Park not used for flood control structures or flood control purposes, including the portion thereof to be used for an Interpretive Center, to the United States of America, in trust for the Agua Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open space and Interpretive Center uses and for the use and benefit of the general public; provided, however, that the land to be transferred by CITY to the United States of America pursuant to this paragraph is limited to land owned by CITY, acquired with a grant of state funds appropriated in Item 412A (200) of the Budget Act of 1974, or with Historic Preservation Grant funds under Project Nos. 06-75-00103-00 and 06-76-00172-00; provided further, that if TRIBAL COUNCIL shall fail to operate and maintain said property for the uses stated herein, CITY shall be entitled, to the extent permitted by law, to bring an action in a court of competent jurisdiction to recover title and possession of said land. Nothing in this paragraph shall be construed to require that the interpretive center or the land be open to the public at all times, or to prohibit or prevent TRIBAL COUNCIL from promulgating reasonable rules, regulations, fees and charges, including without limitation reasonable restrictions on the dates or times of day during which the public may have access to the interpretive center or the park or any portion thereof. 3 . CONTRIBUTE TOWARD CONSTRUCTION OF INTERPRETIVE CENTER. To contribute $150, 000, to provide, jointly with DISTRICT, a fund of $300, 000 toward the cost of construction of a storage, curatorial and interpretive center. CITY further agrees that if the cost of construction of said facility is less than $300, 000, the balance of said fund may be used by TRIBAL COUNCIL toward staffing of said Interpretive Center. CITY shall have no obligation to contribute any other funds toward construction or staffing of said facility. 4 . FUND PARK DESIGN. To contract with a qualified park designer, at a cost not to exceed $20, 000 for the development of a site plan for the Tahquitz Regional Park area, showing the location of the Interpretive Center, related trails and roads and other facilities which would be appropriate to the eventual development of said park. Selection of the park designer and approval of the site plan shall be subject to the approval of both CITY and TRIBAL COUNCIL. -2- 5. CONSTRUCT BELARDO BRIDGE. Subject to the conditions set forth in this paragraph, to construct at CITY cost, not later than June 30, 2002 , a bridge across Tahquitz Creek, as part of the extension of Belardo Road from Mesquite Avenue to Sunny Dunes Road. This committment is subject to the following conditions: (1) that all necessary rights of way for such bridge and its approaches be obtained without cost to CITY; (2) that all street improvements for extension of Belardo Road from Mesquite Avenue to Sunny Dunes Road be constructed by or at the expense of the property owners or lessees of the property fronting on said Belardo Road, and that said Belardo Road so improved be dedicated to CITY for use as a street right of way according to state law; provided, that this condition will be considered fulfilled if the appropriate owner or lessee of any such property which is not then developed shall enter into a reimbursement agreement with CITY to repay CITY for the cost of such street improvements at the time such property develops; (3) that in order to construct said bridge prior to June 30, 2002, CITY may seek up to 50% of the cost of said bridge through appropriate provisions of law, including without limitation thereby, establishment of a benefit assessment area pursuant to Sections 66484 and 66489 of the California Government Code (Subdivision Map Act) , or establishment of Assessment Districts. (For purposes of this sub-paragraph, CITY represents that if the Subdivision Map Act benefit assessment area is used, no assessments or fees would be payable for such purpose on undeveloped land prior to its development, and that if other state law benefit assessment district is formed, such formation would be only upon the request, or with the approval of more than a majority of the lessees of trust land, and would not apply to unleased trust land until it is leased. ) B. DISTRICT AGREES: 1. CONSTRUCT FLOOD CONTROL PROJECT. Outside the scope of this agreement, DISTRICT intends to construct certain flood control structures in, near and along portions of Tahquitz Creek, according to project documents entitled "Tahquitz Creek Flood Control Channel Project, Stage II, Project Number 6-0-060, " and a certain report entitled "Cultural Resource Testing and Data Recovery" , prepared by Cultural Systems Research, Inc. 2 . CONTRIBUTE TOWARD CONSTRUCTION OF INTERPRETIVE CENTER. To contribute $150, 000, to provide, jointly with CITY, a fund of $300, 000 toward the cost of construction of a -3- storage, curatorial and interpretive center. DISTRICT further agrees that if the cost of construction of said facility is less than $300, 000, the balance of said fund may be used by TRIBAL COUNCIL toward staffing of said Interpretive Center. DISTRICT shall have no obligation to contribute any other funds toward construction or staffing of said facility. 3 . ROUGH GRADING. To provide rough grading of the interpretive center site, including the building pad for the interpretive center, the parking area and access road. All grading shall be performed in accordance with a grading plan prepared by others and in compliance with Chapter 70 of the Uniform Building Code as amended and adopted by the City of Palm Springs, including preliminary soils investigation report. The grading plan shall be delivered to DISTRICT within 120 days after receipt of Federal approvals. 4 . FUND CULTURAL RESOURCES TESTING AND DATA RECOVERY PROGRAM. To fund the cultural resources testing and data recovery program, as outlined in the project documents for the flood control project referred to in paragraph "1" above. 5 . TRANSFER REAL PROPERTY IN TRUST TO UNITED STATES. To transfer to the United States of America, in trust for the respective Allottees and/or the Agua Caliente Band of Cahuilla Indians, those portions of the flood control easement granted to DISTRICT by the Tribal Committee of the Agua Caliente Band of Cahuilla (Mission) Indians on August 12 , 1948, and approved by the Assistant Secretary of the Interior on February 28, 1949 under the Act of February 5, 1948 (25 U.S.C. Secs. 323-4) , not needed for flood control purposes. C. TRIBAL COUNCIL AGREES: 1. ACCESS EASEMENTS. To exert its best efforts to acquire easements over Indian land as needed for the access road to the Interpretive Center. 2 . IMPROVE ACCESS ROAD AND PARKING AREA. To provide or cause to be provided the improvement of the access road and parking area of the Interpretive Center, beyond rough grading. 3 . CONSTRUCT INTERPRETIVE CENTER. To design and construct, or cause to be designed and constructed, the Interpretive Center. 4. STAFF INTERPRETIVE CENTER. To provide staffing for the -4- Interpretive Center in such numbers and with appropriate expertise to comply with all applicable rules and regulations of state and federal government. 5. PARK, OPEN SPACE, INTERPRETIVE CENTER USES. To maintain and operate any recreational facilities and the storage, curatorial and interpretive facilities in perpetuity on the land to be transferred to the United States of America in trust for the Agua Caliente Band of Cahuilla Indians pursuant to paragraph 2 of Section A of this agreement. Nothing in this paragraph shall be construed to require TRIBAL COUNCIL to keep open any of said facilities every day, or all day, or during the summer months. In keeping with the intent of this agreement to have said facilities open to the public during substantial periods of the year, TRIBAL COUNCIL may establish reasonable rules, regulations, fees and charges, and restrictions on the times, the nature of allowed activities and the portions of the real property to be available to the general public. 6. ASSIST IN SECURING FLOOD CONTROL APPROVALS. To assist and cooperate in securing all necessary approvals from state and federal agencies to allow the Tahquitz Creek Flood Control Channel Project to be completed. D. THE PARTIES MUTUALLY AGREE: 1. HOLD HARMLESS. In performing any part of this agreement which that party has agreed to perform, each party agrees to indemnify, defend and hold harmless each other party of and from any and all claims, demands, damages or causes of action caused by or arising out of any act or ommission of the indemnifying party in the performance of such part of this agreement. 2 . ADDITIONAL DOCUMENTS. Each party agrees to sign any additional documents necessary or desirable to carry out this agreement to its completion. 3 . TIMING AND COST. Each party agrees that each action to be performed by that party under this agreement will be performed within a reasonable time and without cost to any other party, except as specifically stated herein. 4 . COMPLETE AGREEMENT. This agreement is intended to be a complete agreement among the parties as to all issues concerning development of the interpretive center, the flood control project in and near the entrance to Tahquitz Canyon, and disposition of the land acquired by CITY in that vicinity under state and federal grants. When each party has performed the actions which that party has agreed to herein, that party will have no further obligation to -5- the other parties concerning such issues. 5. HEADINGS. Subject matter headings or titles on separate paragraphs of this agreement are for convenience of identification of the subject matter of such paragraph, and are not considered part of the agreement. 6. STATE AND FEDERAL REVIEW AND APPROVAL. This agreement and the plans and specifications for the proposed storage, curatorial and interpretive facilities shall be submitted for review and approval to the State of California Department of Parks and Recreation pursuant to Public Resources Code Section 5096. 102 , and shall be submitted to appropriate state and/or federal agencies or officials for review and approval to relieve CITY of further obligation under Historic Preservation Grant Project Nos. 06-75-00103-00 and 06-76-0172-00. This entire agreement is subject to and effective upon obtaining the necessary approvals referred to in this paragraph. Failure to obtain such approvals shall render this agreement null and void. AGUA CALIENTE BAND RIVERSIDE COUNTY FLOOD CITY OF PALM SPRINGS OF CAHUILLA INDIANS CONTROL AND WATER CONSERVATION DISTRICT ,h , ,t fGLliZG c.LCI:J /�C'` (��!�G•?G.,,�Y✓�?-Ls=--G-i_=1."�i� CHAT N OF TRIBAL COUNCIL,' . (TITLE) MAYOR �A T ATTEST: ATTEST: (TIT a) CITY CLERIC APPROVED AS TO FORM: City Attorney A0 P!Y0'tfED BY THE CITY COU Na L BYyFS. {,44, -6- DATE: 11-26-97 TO: File FROM: City Clerk A2435 & 2562 There is an addendum to Agr 2562, which was signed in August, 1987, relative to A2435, and is referenced as Enclosure 1 to A2562. There is no original copy of it with A2435, nor any specific authorization for its approval. The original agreement was sent to the Tribal Council and RCFCD July 7, 1987 - and it may have been discovered that there were no property descriptions, and thus the addendum was prepared and signed in August, 1987. See computer entry re signing of A2562 - also, no specific approval action. Action 088-005-0002 Category FLOOD CONTROL Sub Category 088-005 TAHQUITZ FLOOD CONTROL Index TAHQUITZ FLOOD CONTR JOINT AGENCY A2562 HISTORIC SITE GRANT AMND Index RCFCD BIA TRIBAL COUNCIL NATL PARK SERV STATE HISTORIC 3-8-88 Date 03/08/1988 MO Res Ord Case # Deed Vol Pg Sec T R Agreements 02562 02435 MAYOR SIGNED A W/CALIF ST HISTORIC PRESERV OFFICER, NATL PARK SERV, ADVISORY COUNCIL ON HISTOR PRESERVATN, BIA, TRIBAL COUNCIL, AND RIV CO FLD CONTROL DISTR, TO AMEND HISTOR PRESERV FUND GRANTS 06-75- 00103-00 AND -00172-0, TO PERMIT CONSTR OF PROJ ON LAND PURCH WITH GRANT FUNDS; CA APPRV MAYOR SIGNING AT PRESS CONFERENCE, BECAUSE IT CARRIES OUT POR OF A2435 APPRV TAHQ PROJ BY MOTION ON 6-17-87 Document Loc Name Author Locat Code Addl Assoc Action N Locator Same as Key Obs Reten Dt Destr Dt Flm Dt Reel Enter a command (push return to search with keywords) DATE: 11-26-97 TO: File FROM: City Clerk A2435 & 2562 There is an addendum to Agr 2562, which was signed in August, 1987, relative to A2435, and is referenced as Enclosure 1 to A2562. There is no original copy of it with A2435, nor any specific authorization for its approval. The original agreement was sent to the Tribal Council and RCFCD July 7, 1987 - and it may have been discovered that there were no property descriptions, and thus the addendum was prepared and signed in August, 1987. See computer entry re signing of A2562 - also, no specific approval action.