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Home My WebLink About0092 - MUNICIPAL GOLF COURSE37. WESTVIEW DEVELOPMENT CORPORATION POWER POLES ON MUNICIPAL GOLF COURSE City Manager and City Attorney were directed to insure that the agreement with Westview Development Corporation (137) is adhered to in that the two power poles will be removed and the utilities placed underground, in accordance with said agreement. dX'6=Pi W U Pi I I, M i N U Tidy 2. Assignment of Golf Course Agreement and Lease: City Attorney reported that the assignment is in order and merely transfers principal interests to Bruno, Inc,, from the four previous corporations. Upon motion by Dragicevich, seconded by Beebe, Resolution No, 8188, approving assignment of Golf Course Lease and Agreement, was adopted by record vote; no dissenting vote. GOLF COURSE ASSIGN- MENT (92) EXCERPI COUNCIL UNCIL M1Pflj'CEe,,t BUILDING SEWERS 8224- 8224. COMPLIANCE WITH STATE HEALTH DEPARTMENT °S REC010UNDATIONS. The type, capacities, Location and lay -out of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of California. 8224.1 LOT AREA M IMUM FOR ABS 0 RP TION SYSTEM. No p e rm i t shall be issued for any private sewage disposal system employing subsurface soil absorption facilities Where the area of the lot is less than six thousand (6000) square feet. 8224.2 DISCHARGE FROM SEPTIC TALK OR CESSPOOL. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. (261:304) 8225. Repealed (387:3) 8226. COST OF OPERATION OF PRIVATE FACILITIES. The owner shall operate and maintain the private sewago disposal facilities in a sanitary manner at all times, at no a ense to the City. (261.-306) 8227. ADDITIONAL REQUIREMEY TS OF TH OFFICER. No statement contained in this Article all be construed to interfere with any additional requirem is that may be imposed by the Health Officer. (261:307) ARTICLE 3 PUMPING OF SEW E SYSTEMS 8231. PUMPING BY PRIVATE C TRACTOR: PERMIT. The owner or his agent of a property sery by a private sewage disposal system may have the system pump d by private contractor or other persons to remove the sewage u on permit issued by the Plumbing Inspector. (261:308) 8232. PREREQUISITES TO ERMIT. The permit referred to in Section 8231 shall not be is ed by the Plumbing Inspector un- til compliance with all of th following conditions: .1 APPLICATION FOR'PERNI T: FEE. The owner or agent, shall make application to the Plumbing Inspector for a permit to pump the sewage system, said application to be accompanied by a fee of Five Dollars ($5.00). (418.-1) .2 PLOT PLAN. Said application shall show a plot plan of the premises with the existing disposal system and abandoned systems. (261:309:b) -4- 3-25-59 RESOLUTION NO. 8188 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ASSIGNMENT OF THE PALM SPRINGS MUNICIPAL GOLF COURSE LEASE TO BRUNO, INC. WHEREAS, Alva, Inc., Baden, Inc., Cambon, Inc., Ewell, Inc., and Bruno, Inc., pursuant to paragraphs 11 and 12 of the lease dated May 3, 1961, covering and referring to the Palm Springs Municipal Golf Course, desires to transfer a 30% lessor's interest to Bruno, Inc.; and WHEREAS, the City Council has examined the grant deed executed by Alva, Inc., Baden, Inc., Cambon, Inc., Ewell, Inc., conveying said undivided thirty percent (30%) interest to Bruno, Inc. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, does hereby approve of the "Assignment of Agreement and Lease" dated September 24, 1964, by and between Alva, Inc., Baden, Inc., Bruno, Inc., Cambon, Inc., Ewell., Inc., assignors, to Bruno, Inc., assignee. Assignee to receive an un- divided 30% of the interest in the said lease of the Palm Springs Municipal Golf Course. I hereby certify that the foregoing is a true copy of Resolution No. 8188 duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 5th day of October, 1964. Dated at Palm Springs, California City Clerk this day of City of Palm Springs, Calif. DATE# September .,u, 1964 TO+ Acting City Manager � IFROAI+ City Attorney $UQJECTi Palm Springs Golf Course CITY r7 PALM SPRINGS r,ALIFORNIA Attached you find Assignments running from the present lessors of the Municipal Golf Course to Bruno, Inc. The cover letter explains the matter and the Assignments are proper and in order. Please have the City Council adopt a resolution approving and recognizing the Assign- ments. JJB:yp att BENEFICIAL STANDARD LIFE INSURANCE COMPANY 756 SOUTH SPRING STREET • LOS ANGELES 14, CALIFORNIA MADISON 6-63S1 September 25, 1964 Jerome J. Bunker, Esq. City Attorney City of Palm Springs Palm Springs, California Dear Mr. Bunker: HENRY ATTIAS EXECUTIVE VICE PRESIDENT NECVW� SfP 24 1964 D R e • Palm Springs Golf Course CITY ATTORNEY Alva, Inc., Baden, Inc-* Cambon, Inc. and Ewell, Inc. have transferred their interests in the Palm Springs Golf Course to Bruno, Inc. I am enclosing a notice to the City Council to that effect, together with a copy of the Grant Deed and copy of the Assignment of Agreement and Lease under which the corporation transferred their interests. The owner of the land now is Bruno, Inc. With kindest personal regards, Sinc ely, RA:mm L E--E THIS INDENTURE OF TEASE, made this 4th day of April, 1960, by and between 'WESTVIEW DEVELOFWNT CORPORATION, a California corporation,. hereinafter referred to as "Lessor",, and the CITY OF PALM SPRINGS, CALIFORNIA, a munici- pal corporation, hereinafter referred to as "Lessee"y W I T N E S S E T H a The Lessor does hereby lease and let unto Lessee, and the Lessee does hereby hire and take from Lessor the premises situated in the County of Riverside, State of California, designated Section Twenty -Nine (29), Township Four (4) South, Range Five (5) East,, San Bernardino Base & Meridian, .and more fully described by metes and bounds in Exhibit A-1 attached hereto and incorporated by reference herein. The metes and bounds description describes parcels of property totaling not less than one hundred fifty-eix (156) acres. Said Exhibit A-1 also shows by metes and bounds description those streets and path- ways to be open to Lessee and the public during the term of this lease. Lessor and Lessree shall have the right to an open .street shown on the plat and desig- nated "GOLF CLUB DRIVE" over and across the flood control channel. Lessor shall have the right to install underground utilities across portions of the demised premises as these utility installations are required by the developmezkt of the subdivisions. No such installations shall be made by Lessor without the consent of the Lessee, which said consent will not be unreasonably withheld. All subdivisions of land in Section 29, Twp. 4 South, Range 5 East, SanBernardino+ Base and Meridian, developed by the Lessor herein, shall have all utilities, including television reception Facilities and cables:, placed underground. It is understood that the lands demised herein shall be subject to covenants, conditions, restrictionst reservations, rights, rights of way and easements of record. II TO HAVE AND TO HOLD the said premises unto Lessee for the term of sixteen (16) -1- Years, commencing on the 1st day of July, 1959, the date that Lessee has taken possession of the demised premises, and ending on the 1st day of July, 1975. III Lessee agrees to pay Lessor during the term hereof a yearly rental of SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00), the first payment to be made thereafter on the 30th day of June, 1960, with annual payments to be made thereafter on the 30th day of June of every succeeding year during the term of the lease; except, however, said rental payments shall be retained by the Lessee until such time as the Lessor shall evidence unencumbered title in the portion of the premises hereby leased, which are embraced in Exhibit A-2, by a policy of title insurance issued by a title company located and operated in the County of Riverside,. State of California, subject only to covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, and real and personal property takes accruing after July 1. 1959. The place of payment shall be at such place as Lessor or its successor shall designate in writing. Lessor agrees to obtain said unencumbered title to said premises embraced in Exhibit A-2 on or before January 1, 1965, in which event Lessee shall forthwith pay to Lessor payments due and to become due pursuant to this lease, without interest. In the event Lessor fails to obtain said unencumbered title to said premises embraced in Exhibit A-2 by July 11 1965-, Lessee may vacate possession of the entire premises without notice, paying to Lessor the rental payments due pursuant to this lease less an amount to be retained by Lessee equal to the cost of all improvements to said premises made or caused to be made by Lessee. As an alternative to the vacation of the premises by Lessee, Lessee may obtain on behalf of said Lessor said unencumbered title to the premises em- braced in Exhibits A-2 and A-3 by applying the yearly rental payments withheld to any prior July 1, 1959 encumbrances. Any rental payments so applied shall -2- cease to be an obligation of Lessee to Lessor. In event the yearly rental payments withheld prior to July 1p 1965, are insufficient to discharge any prior July 1p 1959 encumbrances, Lessee shall not be required 'to discharge any of said encumbrances; however,. Lessee may retain possession and discharge all of said encumbrances at such time as said withheld rental payments are sufficient therefor. IV Exhibit A-2, a plat of the "Palm Springs Golf Club", shows thereon: a. An eighteen hole golf course. b. A service center of approximately 2.74 acres along the Northerly border of Section 29 of the hereinabove referred to Section 29., Twp. 4 South, Range 5 East, S.B.B. & M. c. A starter area. d. An automobile parking space in two parts which will park approximately 275 is 300 cars. e. A club house area. f. A golf driving range of approximately seven (7) acres. It is understood that during the period of the lease,. the Lessee may relocate these facilities. The eighteen hole golf coursep parking lotp golf driving range, and clubhouse site shall all be as referred in Exhibit A-29 which said Exhibit is hereby adopted and incorporated by reference herein. Exhibit A-3 is a plat showing thereon the wash areas which are in the vicinity of those areas shown on Exhibit A-2. The area included in Exhibit A-3 is not presently in use nor is there any Crantemplated immediate use therefor. The metes and bounds description of the service areas automobile parking areas, starters area} club house area and driving rangep together with the parcels in the wash, all as depicted on Exhibits A-11 A-2, and A-3 attachedp shall be provided by the City and at the cost of the City for a new survey of those areas. -3- The City agrees that all utilities installed on the leased premises shall be underground, and all lands of Westview Development Corporation in Section 29, Twp. 4 South, Range 5 East, San Bernardino Base & Meridian, which are being subdivided,. shall have underground utilities installed by Lessor. The City agrees to landscape and enclose all pumps and engines on both well sites in a manner deemed most desirable to the City, with approval by Westview Development Corporation, which approval shall not be unreasonably withheld. It shall be the responsibility of Westview Development Corporation to pave an additional thirty (30) foot strip at the time of subdivision, paralleling the thirty (30) foot strip of pavement provided by the City, of Golf Club Drive. The City and Westview Development Corporation shall mutually agree as to a center strip between the respective pavements together with land- scaping therein. Westview Development Corporation will stabilize the areas abutting the twelfth green and twelfth fairway so as to stop the drift of sands and fines onto the said twelfth fairway and green. It is further agreed that during the course of future subdivision work by Westview Development Corporation that all soils disturbed by the sub- division work will be stabilized so as to preclude drift of sand and fines onto any of the portions of the golf course under lease to the City. 1+m Lessee has evidenced taking of possession by a resolution of the City Council of .said Lessee. Lessee shall not be required to retain possession, make any payments pro- vided for by said lease, or otherwise comply with any of the lease requirements unless the said Lessor shall,- on or before July 1, 1966, evidence unencumbered title in the Lessor to the area embraced in Exhibit A-2 by a policy of title insurance issued by a title company located and operating in the County of Riverside, State of California, subject only to covenants, conditionsy restrictions, reservations, rights, rights of way, easements of record, and -4- real and personal property taxes accruing after July 19 1959. The leasehold payments to be made pursuant to this lease shall be retained by the Lessee until the Lessor shalt have proved title as aforesaid to the areas embraced within Exhibit A-2. Should Lessor be unable to obtain title because of failure of performance for any reason with the Palm Springs Capital Company or Pearl McManus,, then the Lessee shall retain all lease payments as indemnity toward the improvemtnts Lessee shall have made -through the period July 1, 1965. In the alternative,. Lessee may cure the default of Lessor with the Palm Springs Capital Company or, Pearl McManus by use of the lease payments. In addition Lessor shall guarantee to Lessee and hold harmless the said Lessee from any payments that may be due the Palm Springs Capital Company or Pearl McManus, their heirs, successors or assigns, over and above the lease payments to be ePplied to the default of the ,said Lessor. If the Lessor proves title to the area embraced in Exhibit A-2 at any time prior to July 1, 1965, then the Lessee shall forthwith pay to the Lessor the payments due and to become due pursuant to this lease. Less'or has supplied a tree inventoryt. attached hereto marked Exhibit C,.. adopted and incorporated herein by reference. It is understood that there exists a well on the demised premises, dug to a depth of 420 feet with a 14-inch double steel casings which said well is a portion of the demised premises, and for the sale use of Lessee. The Lessor has provided a well log, marked Exhibit D, which the Lessor warrants to be an engineering test true and correct at the time the test was made,which is adopted and incorporated herein by reference. It is understood that Lessee shall have the right to dig such other wells at such other places within the demised premises as desired by the Lessee. At the said well site hereinabove referred to, there is presently in- stalled t o pumping plants. These pumping plants consist of the pumps, engines, drives, meterst test data and performance reports, all as set forth in Exhibits E and F, and Lessor warrants that the pumping plants test out as set y5� forth in the referred to Exhibits. VI Lesser has supplied, as a portion of' this lease,, the equipment set forth in inventory marked Exhibit G. Said exhibit is adopted and incorporated by reference herein. Lessor states that all of the said equipment was new or usable equipment and as set forth on the inventory. It is mutually agreed that the Lessee shall return all of the remaining inventoried equipment at the expiration of this lease, or termination by mutual agreement or other cause' lawful or otherwise. Lessee shall retain all the inventoried equipment upon exercise of the option to ,purchase. VII LESSEE ALMS: A. It is underst"d and agreed that Lessee shall use the demised premises for golf purposes and uses incidental thereto only, such as professional golf equipment shops, restaurants, together with the sale of alcoholic beverages and retail uses. It is further understood that Lessee may sub- lease a portion or portions of the demised premises to other persons for uses described in this paragraph or incidental thereto. B. Lessee shall have complete control of the golf course operation and shall utilize such business methods and employ such persons and property, in its sole discretion, to operate the said golf curse. C. Lessee ,shall comply with the lawful requirements of any governmental author- ity having Jurisdiction thereof. D. 'Lessee shallt during the term of the lease, make the necessary repairs and maintain the golf course in a manner reasonably comparable with other golf courses in Palm Valley and Coachella Valley, Riverside County, California. It is understood that Lessee shall be permitted to construct whatever building or buildings it considers necessary except that buildings other than on the clubhouse and parking areas shall not be constructed Ta without Lessee -obtaining the consent of the Lessbr, in *miting, as to loca- tion and design, which will pot be unreasonably withheld. All buildings constructed by Lessee shall be maintained and repaired by the Lessee during the term of the lease. Lessee shall not be permitted to construct fences along the perimeters of the golf course so as to obstruct the access or view of Lessorgs subdivided lots abutting the golf course. Lessee agrees to maintain the boundary planting and trees along the boundaries of the demised premises. Lessee shall have the right to install whatever lighting be desired by the Lessee except that the lighting shall be installed so as not to cause direct rays of light to fall upon the residential lots adjoin- ing the golf course. E. At the expiration of the lease$ Lessee shall surrender the demised premises to Lessor in as good condition and repair as the same shall be at the time of possession, damage from the elements,, wear and tear excepted. It is understood that Lessee shall have the right to remove any building or buildings placed on the demised premises, and that said removal shall be perfected prior to the termination of the lease provided herein except that such buildings shall remain on the demised premises and belting to the Lessee if Lessee exercises the option to purchase hereinafter provided. Should Lessee exercise the option to remove,any buildings pursuant to this paragraph, then Lessee shall have the duty to restore the ground and remove any and all foundations of said buildings. F. Lessee shall pay for all utilities supplied the demised premises and for all services supplied the demised premises. G. Lessee agrees to pay, ten (10) days before delinquency,. during the term of the lease, all real estate property taxes, both real and personal3, -kith respect to the demised premisegt It being understood that the taxes, both real and personal, against the demised premises for the fiscal year ending June 30,, 1959,1 shall be paid by the Lessor. -7- It is understood that nothing In this subsection G shall be deemed to require payment by Lessee of any income, corporation, inheritance, devolu- tion, gift or estate tax which may be charged or assessed against the Lessor, or any tax upon the sale, transfer or ,assignment of the title or estate of Lessor which at any time may be assessed against or become a lien upon the demised premises. H. Lessee shall at all times after taking possession of the demised premises, and at its own expense,, keep all the improvements on the leased premises and personal property insured against loss or damage by fire and other risks covered by standard extended coverage endorsement,, and insured against loss or destruction in an amount equal to not less than the full insurable value of said improvements. Lessee ,shall procure and maintain in force during the term of this lease an insurance policy or policies insuring Lessee, and Lessor as an additional insured, against public liability and property damage in the following minimum amounts, to wit: For injury to or death of one (1) person .......... $100t000. Subject to above limit for each person, for injury to or death of two (2) or more persons ..... $300.*000. For damage to property of others,, for each accident . . . . . . . . . . . . . . . . . . . . .$ 50,000. VIII It is mutually agreed that the roads and pathways shown on Exhibit A-2 and A-3 shall be kept open to the Lessee and to the public, and that the roads and pathways shown on Exhibit A-2 shall be dedicated by the Lessor to the Lessee. It is further agreed that any utilities placed upon the demised premises by the Lessor shall be in accordance with Paragraph 1 on page 1 of this lease; and further.* that Lessor shall replace the sod removed for the installation of the underground utilities. IM E Lessor warrants that Lessee shall have the right to utilize the areas indicated on the plats attached as Exhibits A-2 and A-3 as the "Palm Canyon Washer to plant grass and to install a sprinkling system therein. It is understood that the Coachella Valley Water District has an easement over the area shown as the Wash; however said easement is for the conveyance of flood waters oily, and Lessee, by this lease and through Lessor,, may utilize the Wash area for any purpose in addition to the grass planting and sprinkling system which is not in- consistent with the easement of the said Coachella Valley Water District. The rights of Lessor in this paragraph contained and leased to Lessee hereunder are evidenced by a letter from an authorized agent of the Coachella Valley Water District, and attached hereto as Exhibit H, adopted and incorporated by reference herein. X Lessor does hereby give, grant and convey to Lessee the right and exclusive option to purchase the entire demised premises from the Lessee at any time from July 11 1965 onward throughout the remainder of the term,, but not including any renewals or extensions thereof, provided Lessee shall not at time of exercise of option be anywise in default. The total purchase price shall be the sum of SIX HENDRED SIXTY TWO TH011SOD FIVE HUNDRED DOLLARS ($662,.500.) in cash lawful money of the United States, and rentals under this lease shall be prorated and paid to the date of consummati,nn of the purchase. At said date of consummation of the purchase Lessor shall deliver title to the real property free and clear of liens,, Charges, encumbrances, Covenants,, conditions,restrictions, reserva- tions, easements or other rights, including, without limitation,, any lien, charge, encumbrance or ether right, except for such of the foregoing recorded after July 1t 1959. The Lessor shall furnish and pay four all internal revenue stains required upon the deed, and expense of any policy of title insurance desired shall be borne by the Lessor. - 9.. In addition, Lessor does hereby give and grant to Lessee an option to renew the lease for a period of twenty-five (25) years from the expiration date of this lease,: at an annual rental payment of SIXTY TWO THOUSAND FIFE HUNDRED DOLLARS, ($62,500.00). The renewal lease provided in this option shall be subject to all the covenants, restrictions and conditions of this lease except that Lessee shall have no option to purchase. XI As an alternative remedy to any other remedies: available to the Lessor, upon default by Lessee in the payment of any amount due under the terms of this lease, or upon the violation of any of the termsor conditions hereof and the failure to remedy such default within ninety (90) days after written notice from Lessor so to dot Lesser may, at its option, enforce the terms of this agreement from time to time and/or file suit for the payment ©f said delinquent rental or for damages or for the performance of any such covenants or agreement or condition. Lessor, in addition to other rights and remedies reserved to it by law, nays at its option and with ninety (90) days notice for quits re-enter the premises and take full possession thereof. Re-entry of said premises by the Lessor shall be construed as an election on its part to terminate this lease and all rights, powerst options, privileges and remedies herein expressly given to the Lessor shall be cumulative to each other and to any other legal or equitable remedy, right, purer or privilege which the Lessor may otherwise have in the event of any default by the lessee. No right,, power or remedy of Lessor shall be construed as being exhausted our discharged by the exercise thereof in one or more instancest and it is agreed that each and all 'of the rights, powers, or remedies shall be cumulative and no one of them exclusive of any remedy provided by law. The Lessee shall pay interest on all rental in arrears at the rate of five per cent (5%) per annum from the date when the same becomes duet until paid. In any action or proceeding which either the Lessor or the Lessee may -10- prosecute to enforce its respective rights hereunder, including any action to collect rental or other money due, the prevailing party shall be entitled to its costs and reasonable attorneys° fees, both of which are to be allowed by the Court as part of the Judgment in such proceedings. If the Lesser shall fail to keep and perform faithfully the covenants and conditicns herein im- posed) and such failure shall continue for thirty, (30) days after Lessee shall have given Lessor written notice thereof, then and in such event Lessee mays, at its pptiont terminate this lease. XII Lessor may assign this lease or any of its interests hereunder., or may transfer such lease or interests in trust as security. Lesser, notwithstanding any assignment of its, interest as provided herein,: shall at all times remain bound to perform all covenants, conditions and agreements of Lesser hereunder. Upon an agreement being entered into between Lessee and an assignee of Lesser, agree- able to Lessee,. whereby said assignees agree to be bmmd to perform all coven- ants, conditions and agreements of assignor, as Lessor under this lease,. assignor shall be released from any further obligations under this. lease. During the term of this leaser or any extention thereof, Lessor or its successor may place upon any portion of the premises which is subject to this lease, a mortgage, deed of trust or other encumbrance which shall at no time, together with any other encumbrances on said premises., exceed the option price for said premises as herein provided, and which shall contain no terms incon- sistent with the provisions of this lease. ,Any such mortgage, deed of trust.,, or other encumbrance shall be subordinate to this leasehold estate during the term of this lease or any extension thereof. Lessee shall be entitled to the quiet and peaceful possessipn of the leased premises for the full term of this lease or any extension thereof. Lessor shall remain liable to fully perform any and all of its covenants and conditions made hereunder. In the event Lessee exercises the option to purchase said premises,. Lessee shall pay Lessor that portion of the option price representing Lessor's equity -11- in said premises, the balance thereof to be paid to any mortgagee or beneficiary holding a mortgage, deed of trust or other encumbrance on said premises. Lessee shall have the right in the event of any declaration of default by the mortgagee or beneficiary under such encumbrances, to pay all rentals thereafter accruing thereunder directly to said mortgagee or beneficiary. XIII Whenever under this lease it shall be necessary for- either party to serve notice upon the Other regarding this lease,such notice may be served personally upon the other party for whom it is intended or may be served by registered mail, postage prepaid, addressed to Lessee, attention: City Council, City Hall, Palm Springs,. California. And if such notice is to the Lessor or its nominee of assignee, by registered mail, postage prepaid., addressed to the Lessor at any address which Lessor or its nominee, or assignee, shall designate for such purpose. XIP Each-1.01id all of the terms and agreements contained herein shall be bind- ing upon and inure to the benefit of the successors in interest of the Lessor and Lessee respectively. It is hereby covenanted and agreed that time is of the essence of this agreement. There are no covenants or warranties other than those expressed herein, other than the warranty of title to the demised premises in Lessor as above set forth, and warranty of title in the Lessor of the personal property set forth in the inventory attached hereto. W The within lease as of its effective date shall supersede the lease of March 4, 1959, between these same parties covering the same subject matter. IN WITNESS WREOF, Lessor has executed this lease and Lessee has caused this lease to be executed by its officers thereunto duly authorized, and the corpora- -12- tion seals of Lessor and Lessee to be hereunto affixed, the day and year first above written_ ATTEST: Mary_ G _ Rin=lld (s ) I City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss, ) WESTVIEW DEVELOPMENT CORPORATIOK By B. II1man (a) President By Horace Malik ( s Secretary LESSOR CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, Daniel J. Wainer (s) City Manager On Al2ril.4th y 1960t before met the undersigned Notary Public in and for said County and State* perspgally appeared Morton B. Ulmany known to me is be the Prestdentt and Horace Kalik known to me to be the Secretary of WESTVIEW DEVELOPMENT CORPORATION, a California corporation, that executed the foregoing instrument,. and known to me to be the pers©ns who executed the foregoing instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. Frank M . Bogert (s) Notary Public in and for said County and State. My commission expires October 15, 1962 -18- T_ V A Q F. THIS INDENTURE OF LEASE, made this day of 19597 by and between WESTVIEW DEVELOPMENT CORPORATION, a California corporation, hereinafter referred to as "Lessors, and the CITY OF PALM SPRINGS,CALIFORNIA, a municipal corporation, here- inafter referred to as "Lessees, WITNESSETH; The Lessor does hereby lease and let unto Lessee, and Lessee does hereby hire and take from Lessor the premises situated in the County of Riverside, State of California, designated Section Twenty -Nine (29), Township Four (4) South, Range Five (5) East, San Bernardino Base and Meridian, and more fully described by metes and bounds in Exhibit A-1 to be attached hereto prior to June 1, 1959, and incorporated by reference herein. The metes and bounds description shall describe the parcel or parcels of property totalling not less than one hundred forty-eight (148) acres, Said Exhibit A-1 shall also show by metes and bounds description those streets and pathways to be open to Lessee and the public during the term of this lease. Lessor shall have the right to an open street shown on the plat and designated 9GOLF CLUB DRIVE" over and across the flood control channel, Lessor shall have the right to install underground utilities across portions of the demised premises as these utility in- stallations are required by the development of the subdivisions. No such installations shall be made by Lessor without the con- sent of Lessee, which said consent will not be unreasonably withheld. It is understood that the lands demised herein shall be subject to covenants, conditions, restrictions, reservations, rights, rights of way, and easements of record, -1- II TO HAVE AND TO HOLD the said premises unto Lessee for the term of sixteen (16) years, commencing on the 1st day of July, 1959, the date that Lessee shall take possession of the improvements to be erected by Lessor on the demised premises, and ending on the 1st day of July, 1975, the date of the last yearly rental payment. III YIELDING AND PAYING 3'HEREFOR during the term aforesaid a yearly rental of SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00), the first payment payable on the lst day of July, 1960, and thereafter on the 1st day of July of every succeeding year during the term of the lease. The place of payment shall be at such place as Lessor, or its successor, shall designate in writing. IV IMPROVE MTS on the demised premises are understood to be eleven (11) playable holes consisting of tee -off area seeded in Kentucky Blue grass, fairways seeded in rye grass, and greens seeded in bent grass. It is understood and agreed that Lessor will complete an eighteen (18) hold playable golf course on or before July 1, 19599 and that all eighteen holes shall consist of tee -off areas and green grassed as aforesaid, with the exception that the fairways shall be seeded and growing Bermuda grass. Exhibit A-2, a plat of the 9-Palm Springs Golf Clubs, shall show thereon a five -acre parking lot, one -acre site for clubhouse, a practice putting green, and a golf driving range of approximately eight acres. It is understood that during the period of the lease, the Lessee may relocate these facil- ities. The 18-hole golf course, parking lot, golf driving range, clubhouse site and practice putting green shall all be as referred to in Exhibit A-2, which said Exhibit is hereby adopted and incorporated by reference herein. In addition Lessor shall provide specifications for the remaining seven (7) holes to be constructed, which said speci- fications are as set forth in Exhibit B attached hereto-, adopted and incorporated by reference herein. -20 The golf driving range shall be grassed in Bermuda grass and a tee -off area provided. In lieu of Lessor constructing toilet facilities at the clubhouse site, Lessor sh411 pay to Lessee the sum of THREE THOUSAND FPVE HUNDRED DOLLARS 43,500), to be paid on or before July 1, 1959. Domestic water lines shall be run to the clubhouse site and hooked up to the present metal shed existing on the clubhouse site. The plans and .specifications should show the location of five (5) drinking foun- tains on the golf course site, it being understood that water lines will be laid and fountains installed within two (2) years after July 19 1959, Exhibit B shall also contain specifications for housing the pumps and engines abutting the lake in the center of the golf course. -1.. Lessor shall furnish all material, equipment, labor and super- vision to complete the installation of the hereinabove referred to improvements according to the said plans and specifications, and all, construction and work therein specified shall be in accordance with the provisions of the ordinances and laws of the County of Riverside or other governmental authority applicable thereto. It is understood that the parking lot site shall not be paved by the Lessor but Lessor shall grade the five -acre parking site. During the construction of the remaining seven holes, an engineer or architect designated by the Lessee, or its duly appointed representatives, shall have complete access to all parts of the demised premises, and Lessor shall have some responsible person in charge at all times who will be available to confer with said Lesseefs engineer or architect. As aforesaid, in Paragraph I'V, the demised premises shall be completed and ready for occupancy on or before July 1,1959 and Lessor shall deliver possession of same to Lessee. -3 - Lessee shall evidence taking of possession by resolution of the City Council of said Lessee; however Lessee shall not be required to retain possession, make any payments provided for by this lease, or otherwise comply with any of the lease requirements, unless the said Lessor shall, on or before July 1, 1959, evidence unincume- bered title in the Lessor by a policy of title insurance issued by a company located and operating in the County of Riverside, State ,of California, subject only to covenants, conditions, restrictions, reservations, rights, rights of way, easements of record, and real and personal property taxes for the period July 1,1959 - June 30,1960. No changes shall be made in any of the term of this lease or the exhibits attached thereto after execution of said lease by the Lessee nor during the construction of the remaining seven holes by the Lessor unless such changes are approved by the City Council of the Lessee and by the Lessor; and, in addition, unless a supple- *ental agreement is entered into confirming or accordingly adjust- ing the work remaining to be done or the rental payments required under this lease. Prior to the date of possession by Lessee, July 1,1959, the Lessor shall give notice to Lessee of the completion of the golf course construction whereupon Lessee shall cause a final inspec- tion thereof to be madeo If the improvements conform to the plans, specifications, and other documents attached to this lease and incorporated by reference, then Lessee shall accept possession of the demised premises as aforesaid by resolution of the City Council, It is understood and agreed that Lessor has supplied a tree inventory, attached hereto marked Exhibit C, adopted and incor- porated herein by reference. It is understood that there exists a well on the demised premises, dug to the depth of 420 feet with 14 inch double steel casing, which said well is a portion of the demised premises and -4 for the sole use of Lessee. The Lessor has provided a well log marked Exhibit D, which the Lessor warrants to be an engineering test true and correct at the time the test was made, which is adopted and incorporated herein by reference. It is understood that Lessee shall have the right to dig such other wells at such other places within the demised premises as desired by the Lessee. At the said well site hereinabove referred to, there is presently installed two pumping plants. These pumping plants consist of the pumps, engines, drives, meters, test data and per- formance reports, all as set forth in Exhibits. E and F, and Lessor warrants that the pumping plants test out as set forth in the referred to Exhibits. VI INVENTORY OF EQUIPMENT: Lessor shall supply, as a portion of this lease, the equipment set forth in inventory marked Exhibit G. Said Exhibit is adopted and incorporated by reference herein. Lessor shall give notice to Lessee to inventory the said equipment during the calendar week prior to. -duly 1, 1959, and all of the said equipment shall be new or usable equipment and as set forth on the inventory. It is mutually agreed that the Lessee shall return all of the remaining inventoried equipment at the expiration of this lease, or termina- tion by mutual agreement or other cause, lawful or otherwise. Lessee shall retain all the inventoried equipment upon exercise of one of the .options to purchase. -5- VII LESSER AGREES A. It is understood and agreed that Lessee shall use the demised prem- ises for golf purposes and uses incidental thereto only, such as professional golf equipment shops, restaurants, together with the sale of alcoholic beverages and retail uses. It is further under- stood that Lessee may sublease a portion or portions of the demised premises to other persons for uses described in this paragraph or incidental thereto. B. Lessee shall have complete control of the golf course operation, and shall utilize such business methods and employ such persons and property, in its sole discretion, to operate the said golf course; subject to the improvements to be constructed by the Lessor,and the acceptance provided for -by-the Lessee, the Lessee covenants to pay the rental hereinabove specified. C. Lessee shall comply with the lawful requirements of any govern- mental authority having jurisdiction thereof. D. Lessee shall, during the term of the lease, make the necessary repairs and maintain the golf course in a manner reasonably compar- able with other golf courses in Palm Valley and Coachella Valley, Riverside County,California. It is understood that Lessee shall be permitted to construct whatever building or buildings it considers necessary except that buildings other than on the clubhouse and parking areas shall not be constructed without Lessee obtaining the consent of the Lessor, in writing, as to location and design, which will not be unreasonably withheld. All buildings constructed by Lessee shall be maintained and repaired by the Lessee during the term of the lease. Lessee shall not be permitted to construct fences along the perimeters of the golf course so as to obstruct the access or view of Lessor's subdivided lots abutting the golf course. Lessee agrees to maintain the boundary planting and trees Ma along the boundaries of the demised premises. Lessee shall have the right to install whatever lighting be desired by the Lessee except that the lighting shall be installed so as not to cause direct rays of light to fall upon the resi- dential lots adjoining the golf course, Ea At the expiration of the lease, Lessee shall surrender the demised premises to Lessor in as good condition and repair as the same shall be at the time of possession,damage from the elements, wear and tear excepted. It is understood that Lessee shall have the right to remove any buiAding or build- ings placed on the demised premises, and that said removal shall be perfected prior to the termination of the lease pro- vided herein except that such buildings shall remain on the demised premises and belong to the Lessee if Lessee exercises the option to purchase hereinafter provided. Should Lessee exercise the option to remove any buildings pursuant to this paragraph, then Lessee shall have the duty to restore the ground and remove any and all foundations of said buildings, Fo Lessee shall pay for all utilities supplied the demised prem- ises and for all services supplied the demised premises. G. Lessee agrees to pay, ten (10) days before delinquency, during the term of the lease, all real estate property taxes, both real and personal, with respect to the demised premises, it being understood that the taxes, both real and personal, against the demised premises for the fiscal year ending June 309 1959, shall be paid by the Lessor. It is understood that nothing in this subsection G shall be deemed to require payment by Lessee of any income, corporation, inheritance, devolution, gift, or estate tax which may be charged or assessed against the Lessor, or any tax upon the sale, transfer or assignment of the title or estate of Lessor which at any time may be assessed against or become a lien upon the demised premises. -7- H. Lessee shall at all times after taking possession of the demised premises, and at its own expense, keep all the improvements on the leased premises and personal property insured against loss or damage by fire and other risks cover- ed by standard extended coverage endorsement, and insured against loss or destruction in an amount equal to not less than the full insurable value of said improvements. Lessee shall procure and maintain in force during the term of this lease an insurance policy or policies insuring Lessee, and Lessor as an additional insured, against public liability and property damage in the following minimum amounts, to -wits For injury to or death of one person . . . $100,000. Subject to above limit for each person, fors injury to or death of two or more (� persons . . . . . . . . o . . . . . . . . . $300, 000. For damage to property of others, for each accident . . . . . . . . . . . . . $ 509000. VIII It is mutually agreed that the roads and pathways shown on Exhibit A, to be kept open to the Lessee and to the public, shall, in the event of annexation of the territory, be dedicated by the Lessor to the Lessee. It is further agreed that any utilities placed upon the demised premises by the Lesson shall be in accordance with Paragraph I on page 1 of this lease; and further, that Lessor shall replace the sod removed for the installation of the underground utilities. Lessor warrants that Lessee shall have the right to utitize the areas indicated on the plat as the "Palm Canyon Wash" to plant grass and to install a sprinkling system therein. It is understood that the Coachella Valley Water District has an -8- easement over the area shown as the Washy however, said easement is for the conveyance of flood waters only, and Lessee, by this lease and through Lessor, may utilize the Wash area for any pur- pose in addition to the grass planting and sprinkling system which is not inconsistent with the easement of the said Coachella Valley Water District, The rights of Lessor in this paragraph contained and lease to Lessor hereunder shall be evidenced by a letter from an authorized agent of the Coachella Valley Water District, and attached hereto as Exhibit H adopted and incor- porated by reference herein. X Lessor does hereby give, grant and convey to Lessee the right and exclusive option to purchase the entire demised premises from the Lessor, at any time from June 30,1962 to and including July 29 1969. The total purchase price shall be NINE EMM FIIFTEON THOUSAND DOLLARS ($915,000000), and there shall be credited to the purchase price all rental payments previously made except those rental payments mhoW July 1, 1960 and July 1, 1961. In addition Lessor does hereby give, grant and convey to Lessee a second exclusive option to purchase the entire demised premises at any time from July 2, 1969 to and including the ter- mination date of the lease. The total purchase price shall be FOUR HUNDRED FIFTEM THOUSAND DOLLARS ($415,000,00), and no rental payments either previously or thereafter madeshall apply to the purchase price. In the event the Lessee exercises one of the options to pur- chase, Lessee shall, upon payment of the option price, cease to be liable for further rentals provided for by the lease, and this lease shall thereupon terminate In addition Lessor° does hereby give and grant to Lessee an option to renew the lease for a period of twenty-five (25) years from the expiration date of this lease, at an annual rental pay- ment of SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500000)0 -9- The renewal lease provided in this option shall be subject to all the covenants, restrictions and conditions of this lease except that Lessee shall have no option to purchase. XI As an alternative remedy to any other remedies available to the Lessor, upon default by Lessee in the payment of any amount due under the terms of this lease, or upon the violation of any of the terms or conditions hereof and the failure to remedy such default within ninety (90) days after written notice from Lessor so to do, Lessor may, at its option, enforce the terms of this agreement from time to time and/or, file suit for the payment of said delin- quent rental or for damages, or for the performance of any such covenants or agreement or condition. Lessor, in addition to other rights and remedies reserved to it by law, may at.its option and with ninety (90) days notice to quit, re-enter the premises and take full possession thereof. Rey -entry of said premises by the Lessor shall be construed as an election on its part to terminate this lease and all rights, powers, options, privileges and remedies herein expressly given to the Lessor shall be cumulative to each gather, and to any other legal or equitable remedy, right,p ower or privilege which the Lessor may otherwise have in the event of any default by the Lessee. No right, power or remedy of Lessor shall be construed as being exhaused or discharged by the exer- cise thereof in one or more instances, and it is agreed that each and all of the rights, powers., or remedies shall be cumulative and no one of them exclusive of any remedy provided by law. The Lessee shall pay interest on all rental in arrears at the rate of five per cent (5%) per annum from the date when the same becomes due, until paid. In any action or proceeding which either the Lessor or the Lessee may prosecute to enforce its respective rights hereunder, including any action to collect rental or other money due, the prevailing party shall be entitled to its costs and reasonable attorneyst fees, both of which are to be -10t- allowed by the Court as part of the judgment in such proceedings. if the Lessor -shall fail to keep and perform faithfully the covenants and conditions herein imposed, and ;such failure shall continue for thirty (30) days after Lessee shall have given Lessor written notice thereof, then and in such event Lessee may, at its option, terminate this lease or, upon payment of the rentals, July 1, 1960, and July 1, 1961, may exercise the option t4 purchase at the purchase prkce provided by paragraph X and not subject to the time limitation for exercise of,such option provided. XII Lesser may assign this lease or any of its interests hereunder, or may transfer such lease or interests in trust as security, Lesson, notwithstanding any assignment of its interest as provided herein, shall at all times remain bound to perform all covenants, conditions and agreements of Lessor hereunder. Upon an agreement being entered into between Lessee and an assignee of Lessor, agreeable to Lessee, whereby said assigness agrees to. be bound to perform all covenants, conditions and agreements of assignor, as Lessor under this lease, assignor shall be released from any further obligations under this lease. This lease, any extension thereof, and all rights of the Lessee hereunder, shall be subject and subordinate at all times to the lien or charge of any rights created by or resulting from any mortgage or deed of trust which hereafter may be placed upvn any portion of the real property which is the subject of this - lease, which encumbrance is held by or for the benefit of any institutional lender -and the amount of which shall at no time exceed the option price for the property as then applicable. Lessee agrees that at any time upon request of Lessor, the Lessee will execute proper subordination agreements to.this effect, which may be necessary and proper to carry out and make effective the provisions of this paragraph so that the lien of such encumbrannce shall be senior to this lease and any extension thereof, and this lease, or any extension thereof, shall be subject to such encumbrances. As a condition precedent for such encumbrance, or hypotheca- tion of the real property by Lessor, Lessor shall procure for the direct benefit of Lessee in writing an agreement on the part of any mortgagee, or beneficiary that in the event of the fore- closure of a mortgage, deed of trust, or other encumbrance securing any moneys lent to Lessor, that this lease shall never- theless remain in full force and effect, and Lessee subject to the performance by it of the conditions and covenants on its part hereunder shall be entitled to the quiet and peaceful possession of the demised premises for the full term of this lease, or any extension thereof. In any such event, this lease and Lesseers obligations hereunder shall continue in full force and effect. Lessee shall have the right in the event of any declaration of default by the mortgagee or beneficiary under such encumbrances, to pay all rentals thereafter accruing thereunder directly to said mortgagee or beneficiary. XIII Whenever under this lease it shall be necessary for either party to serve notice upon the other regarding this lease, such notice may be served personally upon the other party for whom it is in- tended or may be served by registered mail, postage prepaid, addressed to Lessee, attention; City Council, City Hall, Palm Springs,California. And if such notice is to the Lessor, or its nominee or assignee, by registered mail, postage prepaid, address- ed to the Lessor at any address which Lessor or its nominee, or assignee, shall designate for such purpose. XIV Each and all of the terms and agreements contained herein shall be binding upon and inure to the benefit of the successors in interest of the Lessor and Lessee respectively. -12- It is hereby covenanted and agreed that time is of the essence of this agreement. There are no covenants or warranties other than these expressed herein, other than the warranty of title to the demised premises { in Lessor to be evidenced on or before July 1, 1959, as above set forth, and warranty of title in the Lessor of the personal property set forth in the inventory -attached hereto. IN WITNESS WHEREOF Lessor has executed this lease and Lessee has caused this lease to be executed by its officers thereunto duly authorized, and the corporation seals of Lessor and Lessee to be hereunto affixed, the day and year first above written. WBSTVIEW DEVELOPMT CORPORATION BY es en BY Secretary CITY OF PALM SPRINGS .CALIF© , a municipal corooraRon / ATTESTo �J Y (SBAt ) STATE OF CALIFORNIA } o s S e COUNTY OF RIVERSIDE On before me, the undersigned Notary Public in and for said County and State, personally appeared known to me to be the President, and known to me to be the Secretary of WESTVIEW DEVELOPMET CORPORATION, a California corporation, that executed the foregoing instrument, and known to me to be the persons who executed the foregoing instrument on behalf of the corporation therein named, and acknowledged to me that such cor- poration executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State. -14- CITY MANAGER: 1. Assignment of Agreement covering lease of Palm Springs Golf Course from Benjamin H. Swig, et al to the City of Palm Springs: City ASSIGNMENT Manager reported that this is merely a transfer from Swig & OF AGREE Weiler, to five separate ownerships, and recommends acceptance RE P.S. thereof. GOLF COURSE Motion by Kirk, seconded by Paisley, Resolution No. 7080, accepting assignment of agreement, as recommended, was adopted by record vote; no dissenting vote; Strebe and Beebe absent. c".Al . 'L.�L- ARTICLE 933 R-3 DISTRICT 9331. Apartment and Hotel District - Provisions Applicable: The following regulations shall apply in the R-3 District: 9332. Uses Permitted: All uses permitted in the R-1 and R-2 Districts (9312 and 9322). 9332.1 Apartment Houses, Hotels. etc: Apartment houses, hotels, private clubs, group housing projects, boarding or lodging houses. 9332.11 Resort Hotels including incidental or auxiliary commercial uses operated primarily for the convenience of the hotel guests, provided there shall be no street entrance directly to such commercial use. Such commercial uses shall. occupy not more than twenty (20) percent of the gross floor area of the hotel building. 9332.2 Public and Semi -Public Uses: Subject to conditional permit from Planning Commission: Churches, Civic uses and Community Center Buildings; private schools and institutions of higher learning; public libraries; hospitals; museums and art galleries; athletic, sport and recreation clubs. 9332,21 Conditions of Permit: Conditions of permit for the foregoing uses may include greater yard areas, screening by hedges, fences or walls, height limitations and other measures to carry out the intent of this Ordinance. 9332.3 Transitional Uses Permitted on lots facing, abutting or having a side lot line adjoining a lot or lots in a C-1, C-2 or M-1 District, provided the lot upon which such transitional use is located does not extend more than 100 feet from the boundary of the less restrictive district, not including public rights -of -way. 9332.31 Public Parking Areas, provided said parking area shall be properly enclosed with an ornamental fence or wall or a compact evergreen hedge of not less than four and one-half (4�) feet in height; lighting facilities shall not exceed six (6) feet in height, and shall be so arranges as to reflect the light away from adjacent properties and streets. (9406.5) 9332.4 Accessory Uses: Uses customarily incident to the above permissive uses, and accessory buildings or structures in connection therewith; - including recreational facilities. 9332.41 Restaurant and Alcoholic Beverage Establishments as part of a hotel operation having a building site of not less than 40,000 square feet, provided that said auxiliary business is conducted primarily as a service to the hotel guests; that the entrances to said accessory use are from within the interior of the building; that said accessory use -29- 12-9-61 rh RESOLUTION NO. 7080 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ASSIGNMENT OF ONE OF THE LESSOR'S INTEREST IN LEASE OF THE PALM SPRINGS MUNICIPAL GOLF COURSE TO FIVE NAMED CORPORATIONS. r ♦1 M r .� M WHEREAS Swig & Weiler Charity Fund, pursuant to Paragraphs 11 and 12 of the lease dated May 3,1961, covering and referring to the Palm Springs Municipal Golf Course, desires to transfer its thirty per cent (30%) lessor's interest to five hereinafter named assignees; and WHEREAS the City Council has examined the grant deed executed by Swig & Weiler Charity Fund conveying an undivided six percent (6%) interest to each of the hereinafter named assignees, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs,California, does hereby approve of the "Assignment of Agreement and Lease" dated duly 25, 1962, by and between Swig & Weiler Charity Fund, a trust, as Assignor, to the following named corporations: 1. ALVA, INC. 2. BADEN, INC. 3. BRUNO, INC. 4. CARBON, INC. 5. EWELL, INC. Each of the above five named California corporations to receive an undivided six per cent (6%) of the grantorrs thirty per cent (30%) interest in the said lease of the Palm Springs Municipal Golf Course. I hereby certify that the foregoing is a true copy of Resolution No. 7080 , duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 11th day of September,1962- Dated at Palm Springs, California City Clerk this day of City of Palm Springs, Calif. Beneficial Standard Life Insurance Companv HENRY ATTIAS EXECUTIVE VICE PRESIDENT 756 SOUTH SPRING STREET LOS ANGELES, CALIFORNIA August 30, 1962 TELEPHONE MADISON 6-6351 RECHWED S PP 4 - 1962 Jerome J. Bunker, Esq. CITY ATTORNEY City Attorney City of Palm Springs Palm Springs, California RE: Palm Springs Golf Course Dear Mr. Bunker: The Swig & Weiler Charity Fund has transferred its interest in the Palm Springs Golf Course to the other owners. I am enclosing a notice to the City Council to that effect, together with a copy of the Grant Deed and a copy of the Assign- ment of Agreement and Lease under which the Swig & Weiler Charity Fund transferred its interest. The owners of the land now are: ALVA, INC. BADEN, INC . BRUNO, INC. CAMBON, INC. EWELL, INC. With kindest personal regards, Since ely, Encl s HA:dkm Fxes CITY C►ATE_ _�, AI"R, ,yip av � !� m � f utess ( 7-10-61 I Page 2. 3. Golf Course Ownership: City Manager reported that 30 percent )�� o ease owned by Benjamin H. Swig has been transferred to `) Y0 Swig and Weiler Charity Fund, a Trust for charitable uses, and that the assignment is in order. No action necessary. 933004..8 Side Yards for Buildings of Over One S_tor : In the case of buildings in excess of one (1) story in height, the walls of said building shall be set back so as to provide a minimum ten (101) foot set- back along side yards. (362:1) 9304.9 Corner bats: The front yard setback of twenty-five feet 25' sha11 be taken along the longer portion of the block. The Zoning Administrator shall deter- mine where the front yard setbgYck shall be taken in the case of irregular block shape or size. (361:1) 9305: Sixes of one -Family Dwellings: Every one -family dwell- ing erected after the effec ive date of this ordinance in any R-1 District shall have a minimum net ground - floor area of 850 square feet, exclusive of garages, carports and unenclosed porchps 91306. Fences Walls and Shrubs: This section is intended to provide for the regulat on of location and height for fences, hedges and',r-alls so as to permit the maximum of enjoyment of the use of property and for the maxi- mum of safety for persons using sidewalks and streets related thereto. Fences, hedges and walls not exceed- ing six feet (61) in height shall be permissive along all side and rear yards and lot lines. All walls and fences in the front yard and side -front yard setbacks,. front line and side front property Lines may not exceed four and one --half feet (421) in height. In the corner cutoff area of corner lot, the height of walls,, fences, shrubs and other obstructions may not exceed three feet (39). (360:2) 93306.1 Method,of Height Measurement: The height of walls, fences and shrubs, as permitted under Section 9306, shall be measured from the top of existing curb grade or crown of abutting road. In the event that practical difficulties and hardships result from the strict en- forcement of these regulations due to grade problems of the abutting street, slope of lots or other site conditions, but not including conditions resulting from the filling, excavation or grading of lots, applicant requesting a building permit may appeal to the Variance Board} provided for by Article 924 of this Code. The proceedings provided in Article 924 of this Code shall apply except that notice to abutting property owners and public hearing requirements provided by Section 9245.1 of this Code shall not apply. (360:3) 9306.2 Intersection Visibility and Corner Cutoff: There shall be no visual obstructions as herein defined within the corner cutoff area of all corner lots. The corner cut- off shall be defined by a line on a horizontal plane connecting two points along the front and side-ff-ont property lines, and forming a triangle. These points -25- 9-18-57 r DATE't June 27, 1961 TO+ City Manager D. J. Wagner FROAts CITY ATTORNEY Jerome J. Bunker SUBJECT+ OWNERSHIP OF PALM SPRINGS GOLF o CITY OF PALM SPRINGS COURSE QALIFORNIA==- As you ?snow, up until recently the owner of the Palm Springs Golf Course was the Westvisw Development Corporation. They transferred. their interest to the following: Benjamin H. Swig 3g% D Q D Alva, Inc. I % �l! Baden,Inc. 14% �� Of 1 1 Bruno,Inc. 14� Cambon, Inc. 14� Ewell, Inc. 14� CITY MA 1GER Since that time Mr. Swig has transferred his 30% interest to Swig & Weiler Charity Fund, a Trust for Charitable Uses. No doubt the transfer was made for income advantage under a charit-an�le trust set-up. Attached you find the cover letter indicating this fact as well as the notice to the City, the grant deed by Swig to the Charitable Trust, and the assignment of his interest in the lease with the City. Attached also you find an agreement between the various owners indicating that Mr. Henry Attias is the Attorney in Fact to deal with the City and receive the rentals. Pursuant to Section 12 of the Agreement between the City and the owner of the Golf Course, one or more of the owners has the right to assign its interest provided the assignee assumes the obligations. The documents attached indicate an assumption of obligation by the assignee Swig & Weiler Charity Fund. See next to the last para- graph on page 2 of the Assignment of Agreement and Lease. This matter is for the inforization of the City Council and needs no formal action. After consideration by the City Council, the materials should be turned over to the City Clerk. The Director of Finance should know tha the yearly payment for lease of the Golf Course is to be made to: HENRY ATT IAS . 5o *)o.5Rr1nq Street Los Angeles,Californ erN" JJB/d cc Director of Finance. Beneficial Standard Life Insurance Company HENRY ATTIAS EXECUTIVE VICE PRESIDENT June 20, 1961 756 SOUTH SPRING STREET LOS ANGELES CALIFORNIA TELEPHONE MADISON 6-635I Jerome J. Bunker, Esq. Attorney, City of Palm Springs City Hall Palm Springs, Calif. RE: Palm Springs Golf Course Dear Mr. Bunker: Mr. Benjamin H. Swig, who was one of the purchasers of the Palm Springs Golf Course, has transferred his interest to the Swig & Weiler Charity Fund. I am enclosing a notice to the City Council to that effect, together with a copy of the Grant Deed under which Mr. Swig transferred his interest in the land and a copy of the Assignment of Agreement and Lease. The owners of the Palm Springs Golf Course now are: Swig & Weiler Charity Fund Alva, Inc. Baden, Inc. Bruno, Inc. Cambon, Inc. Ewell, Inc. All of the owners have executed a Co -Tenancy Agreement, under which they have designated me as attorney -in -fact to handle any problems that may arise, to receive rents and to work with the City of Palm Springs. I am enclosing for your information a copy of the Co -Tenancy Agreement which sets this out. With kindest personal regards, Encl s HA: dkm DALE+ May 18, 1961 TO+ City Clerk FROAP City Attorney SUBJECT+ palm Springs Golf Course Lease Agreement Herewith for your files is Lease dated May 3,1961 by and between Benjamin H. Swig, et al, as Lessor and the City of Palm Springs, California, as Lessee. Said lease was prepared by Leland,Plattner and Kalik, Attorneys, 9460 Wilshire Boulevard, Beverly Hills, and was executed by Henry Attias, as attorney in fact for the Lessor. Also attached are two copies of Title Policy No.200145 issued by the Riverside Title Division of Pioneer Title Insurance Company, 3490 Tenth Street, Riverside,California, under date of May 11, 1961. Payment was made toy -day of $62, 500 to Westview Developmen Corporation, representing rent due from July 1, 1959 through June 30,1960. The Director of Finance has copy of letter wherein the new lessor authorized delivery of such rent to Westview Development Corporation. Further rent will be due the new lessor after June 30,1961. Att. 1, Horace L. Kalick, Attorney for Westview Development Corporation) y r3 9 3 City Manager read -letter thanking Council and Administration for their cooperation regarding sale of the Golf Course lease. r13CXaP1 t} UNCIL WINUTVb BUSINESS SALES ART. 258 ARTICLE 258 EXEMPTIONS 2581. EXEMPTIONS. The provisions of this Chapter shall not apply to or affect the following persons: 2582. JUDICIAL SALES. Persons acting pursuant to an order or process of a court of competent jurisdiction. (280:15:1) 2583. OFFICIAL SALES. Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals. (280:15:2) 2584. AUCTIONS. Duly licensed auctioneers, selling at auction. (280:15:3) 2585. PUBLISHER OF ADVERTISING. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this Chapter have not been complied wi th . (280 :15 : 4) 2586. SEASON, CLEARANCE SALES. End of season sales and Clearance sales not in violation of secticn s 2500.5 and following of Article 250. (280:15:5) r f-' LELAND, PLATTNER AND KALIK N. STANLEY LELAND ATTORNEYS AT LAW HENRY A.PLATTNER UNION BANK CENTER H ORACE L. KALIK 9460 WILSHIRE SOULEVAPE) RICHARD A. KLEIN BEVERLY HILLS, CALIFORNIA April 1, 1961 Dan Wagner, City Manager City of Palm Springs Palm Springs, California Dear Mr. Wagner: 6� I" ' V TELEPHONE e RADSHAW 2-0811 CRESTVIEW 4-5163 I want to thank you and the members of the City Council of the City of Palm Springs for all of the courtesies shown to me in my recent appearances before the Council. It was most gratifying to receive the courtesy of all of the departments that were involved in the lease concerning the golf course with Westview Development Corporation and the new owners, even to the secretary who prepared the agenda. Although the questions and points raised by the Council created problems for us to overcome, I feel that the questions were pertinent and necessary for the pro- tection of the City, and I want to again express my gratitude to all concerned for the response to the request I made on behalf of Westview. HLK:mv Very ruly yours, HORACE L. KALIK RLED CrN C4,-- r-ft, aria' . 5. Westview Lease (Res. No. 5797, 3-29-66,and prior); City GOLF Manager reported that Westview Development Corporation had I -CM SE ._ requested that the lease be considered at this time, since LEASE amendments had been prepared, including all changes rel4uested by the City Council (s"balizing all areas against blowing sand, improvement of 30 additional feet along Golf Club Drive at Council's demand, restrictk-ons as to erecting fences along fairways and permission for City to erect fences on property not abutting Westview land or land previously owned by Westview) and called upon Attorney Horace L. Kalick, who addressed Council, reviewing all changes in the lease between Westview Development Corporation and the City and between new owners Benjamin H. Sweig, et al.gnd the City. Director of Public Works reported that the metes and bounds GOLF description had been checked and that it does compare with COURSE the old description exhibited in the original lease, with LEASE several very slight modifications, and that the title company CONT'D. would insure the new map and description. The new lease and description shall be recorded with the County Recorder and must be approved by the City Attorney and Director of Public Works prior to execution. Upon motion by Beebe, seconded by Kirk, Res. No. 6236, authorizing and approving sale of the Golf Course Lease to Benjamin H. Sweig, et al., subject to complete approval by the City Attorney and Director of Public Works, and recordation of same with the County Recorder, was adopted by record vote; no'dissenting vote. ,A 9325. YARDS: The following yards shall be provided and maintained: 9325.1 Front Yard: Except as provided by Paragraph 9304 no building shall be erected closer than twenty,five feet (251) to either the front property line of the building site or the line of any future street as shown on an Official Street Plan or setback ordinance. 9325.2 Side Yards: Except as provided in Paragraph 9304 there shall be side yards on each side of -every building with a minimum width of ten per cent (10;) of the width of the lot. Such side yards shall be not less than five feet (51) and need not be more than fifteen feet (151). On a corner lot the building line from the street running parallel with the side line of such lot shall be not less than twenty per cent (20%) of the average width of such lot, but in no case shall such yard be less than ten feet (101) in width or be required to be more than twenty-five feet (251) in width. 9325.3 Rear Yard: Except as provided by Paragraph 9304 there sh— a 1 be a rear yard not less than ten feet 10i) in depth. 9326. Performance Standards: Where multiple dwellings ad- join one -family uses, a masonry wall five feet (51) in height and an evergreen hedge of suitable plant material, seven feet (71) in height and not less than four feet (4t) in width shall be erected and maintained between such uses and the one -family use. -28a- 6-11-58 r RESOLUTION NO. 6 236 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO SUBMIT CERTAIN DOCUMENTS INTO ESCROW FOR A TRANSFER OF INTEREST FROM WESTVIEW DEVELOPMENT CORPORATION TO ITS TRANSFEREE OF THAT CERTAIN AREA KNOWN AS THE "PALM SPRINGS GOLF COURSE". WHEREAS heretofore the City of Palm Springs and Westview Development Corporation entered into a lease covering certain lands in Section 29, Township 4 South, Range 5 East, San Bernardino Base & Meridian, said lands being known as the "Palm Springs Golf Course"; and WHEREAS, pursuant to such lease, the Westview Development Corporation has requested. the City Council of the City of Palm Springs to approve a transfer of interest of Westview Development Corporation, namely the Palm Springs Golf Course, to a transferee; and WHEREAS certain commitments were made by the City to Westview, and vice versa, whereby it now becomes appropriate to separate the rights and duties of the parties so that there will be a separate agreement between the City of Palm Springs and Westview Development Corporation, and a separate agreement between the City of Palm Springs and Westview Development Corporation's transferee, covering the properties known as the "Palm Springs Golf Course's, NOW THEREFORE, BE IT RESOLVED that the City Council does approve of a separation of rights and duties between the City of Palm Springs and Westview Development Corporation, on the one hand, and the City of Palm Springs and Westview Development Corporation's transferree, on the other hand, said separation of functions and duties having been developed by legal counsel for Westview Development Corporation, ap- proved by the City Attorney, and ready for execution. BE IT FURTHER RESOLVED that as the original agreement between the City and Westview Development Corporation indicates no transference of rights are approved, nor will lease paymentu be made unless and until a policy of title insurance issues showing the lands to be free and clear of liens, hypothecations, trust deeds, lawsuit pending as evidenced by lis pendens or otherwise. BEFIT FURTHER RESOLVED that as indicated by Westview Development Corporation's attorney, A. Kalik, no payments will be made to the transferee but such payments shall be made to Westview Development Corporation after Westviewts compliance as aforesaid. BE IT FURTHER RESOLVED that the documents entered into by the City of Palm Springs with either Westview Development Corporation or its transferee shall be so prepared as to be recorded with the Office of the County Recorder. I hereby certify that the foregoing is a true copy of Resolution No. 6 236 duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 21st day of March,1961 Dated at Palm Springs, California City Clerk this day of City of Palm Springs, Calif. 1. Palm Sprinas_Golf Course Lease (Item 2, Unf. Bus. 3-23-60 and prior): When called upon the City Attorney reviewed the ..history of the Golf Course Lease and explained that the lease now consists of three documents, namely, the original signed lease of March 4, 1959, the metes and bounds description of the golf course which was supplied at a later date and finally Res. No. 5508, which amended the original referred to lease in many particulars. The City Attorney explained that it would be desirable to combine these many documents into one new lease and further explained that the new lease would differ from the old lease in the following particulars: a) The option date would be July 1, 1965; b) Lease payments made after July 1, 1965 would not apply to the purchase price; c) The option price will be $662,500; and d) The exhibits are changed to show a parcel of land comprising the playable golf course, being Exhibit A-2; an exhibit showing the unusable wash areas, being Exhibit A-3; tha t upon proving title to Exhibit A-2, the Lessor will be entitled to lease payments. The City Attorney explained that aside from some clarification, changes in wording and elimination of obsolete provisions, that the new lease was substantially the same as the old lease except as to the above referred to items. When calle d upon the Director of Public Works stated that the metes and bounds descriptions have been prepared by his department and that by mechanical means of computing, the entire leased premises, Exhibit A-1, contains 157.4 acres. Mr. Morton Ullman, now President of Westview Development Corporation, in answer to inquiry from Council as to street improvements, stated that per the lease, Westview Development Corp. will pave and improve Golf Club Drive from Highway 111 to Avenue 34. The paving and improve- ment will be no less than 30 feet wide and the entire road will be paved and improved just as soon as any parcel of land abutting the road is developed. After paving and improvement, the Corporation will dedicate the road to the City. The City Attorney explained that the Law Offices of O'Melveny & Myers had approved the form of lease, except the new purchase price and option date and that the resolution recites that the proposed lease shall be re -submitted to O'Melveny & Myers for final approval. Upon motion by Beebe, seconded by Wood, Res. No. 5797, approving the new Golf Course Lease between Westview Development Corp. as Lessor and the City of Palm Springs as Lessee, and directing the City Manager to execute the lease for and on behalf of the City as Lessee, subject to final approval by O'Melveny & Myers, was adopted by the following vote: AYES: Councilmen McKinney, Wolf, Wood, Beebe, Hardy and Mayor Bogert NO: Councilman Carlin ABSENT: None STATE OF CALIFORNIA ) 0) ss. County of Riverside ) I, SHIRLEY HENRY, City Clerk of the City of Palm Springs, DO HEREBY CERTIFY that the foregoing is a true and correct copy of an excerpt of the City Council Minutes of March 29, 1960 concerning the Palm Springs Golf Course lease and that the same has not been altered or amended. Dated this 7th day of March, 1961 SHIRLEY HENRY City Clerk 4. Westview Development Corporation Golf Course Lease. (Res. No. 5797, WEST- 3-29-60 and prior): The City Attorney advised that Mr. Horace L. Kalick, Attorney for Westview Development Corporation, had distri- VIEW buted a resume of all changes to be made in the existing golf course LEASE lease, although a new metes and bounds description was not delivered 3 �' lI to the Public Works Director until today and they have not been able to compare these descriptions. y After general discussion, it was the consensus of the Council that the lease should be studied carefully at a meeting with the City Attorney and upon motion by Carlin, seconded by Beebe, action was tabled and meeting called for March 13, 1961, to discuss the matter. axes In C U u �IU3 L �!PG fi7Tffia - - 3-G-� l OW I,` IRE GIERAL CHAP. 4.10 CHAPTER 4.10 GENERAL Article 4.100 General. 4.101 Fireworks. 4.102 Miscellaneous Provisions. 4.103 Enforcement. ARTICLE 4.100 G?-e2&' �tAL 4.1001. CITING OF DIVISION. This Division shall be known as the Palm Springs Fire Protection Code; and it shall be sufficient to refer to said Division as the"Palm Springs Fire Prevention Code" in prosecution for violation of any provisions thereof or othemrise. (19,-1) 4.1002. DESIGNATION OF AME,'NDING ORDINANCES. It shall also be sufficient to designate any ordinance adding to, amending or repealing said Fire Prevention Code or any part thereof, as an addition or amendment to or repeal of the Palm Springs Fire Prevention Code. (19:1) 4.1003. SCOPE OF DIVISION. The following provisions pertain to the general supervision of conditions constituting fire hazards or danger to life or property in this City and abating or minimizing such fire hazards or dangerous conditions in all structures and on all premises within the City, for the safety of persons and property. (19:2) 4.1004. INTERSTATE COVERCE . MILITARY. Nothing in this Division shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, or applying to the military or naval forces of the United States or to the duly organized militia of the State of California. (19:2) 4.1005. ADDITIONAL TO STATE, FEDERAL LAW. This Division shall be in addition to the measures of fire prevention as set forth in the laws and regulations of the State of California and the United States,except as provided above. (19:2) ARTICLE 4.101 FIREWORKS 4.1010. "FIREWORKS" DEFINED. In this Article, "fireworks" refers to firecrackers,. rockets, torpedoes, Roman candles.. toy pistols, toy cannons, detonating canes, blank cartridges and other devices designed and intended for pyrotechnic display. (19:74) February 23, 1961 Mr. Eric L. Waite County Assessor Court House Riverside, California Attention Frank 0. Witbeck, Principal Appraiser Dear Sir: In accordance with your inquiry of February 17, 1961; The City of Palm Springs has a possessory interest as Lessee of the Palm Springs Municipal Golf Course, and by agreement with Westview Development Company, the City pays the taxes on this property. The City also leases the Municipal Airport from the Ague Caliente band of Mission Indiana, and in turn has leased the operation to Aero-Palm Springs,luc.. The term of the airport lease is to December of 1965 and the Golf Course lease for a period sanding in July, 1975, although the City has an option to purchase said Golf Course property on or after July 1, 1965. If you require any additional information, please do not hesitate to request same. Yours truly, SHIRLEY HENRY SH/hj City Clerk OFFICE OF G O u N COUNTY ASSESSOR RIVERSIDE, CALIFORNIA February 17, 1961 Mrs. Shirley Henry, City Clerk City of Palm Springs Palm Springs, California Dear Madam: RSIDE ERIC L. WAITE ASSESSOR LOWELL B. WILSON ASSISTANT ASSESSOR GEORGE R. PAVITT SUPERVISOR OF ASSESSMENTS In accordance with the Revenue and Taxation Code of the State of California this office is charged with the responsibility of determining the value of any possessory interest that accrues as a result of a lease, or an agreement for use, of any tax exempt land or improvements. A possessory interest taxable under the provisions of Section 107.1 of the Code shall be assessed to the lessee on the same basis or percentage of valuation employed as to other tangible property on the same Assessment Roll. Your cooperation to the extent of advising this office relative to the terms of any lease or agreement, in connection with tax exempt property under your authority, that is new in effect or that will become effective on or before March 6, 1961, at your earliest convenience will be appreciated. FOW/gd Very truly yours, ERIC L. WAITE COUNTY ASSESSOR B K 0. WITBECK t/ PkNCIPAL APPRAISER Qry Qt kiq, 6. Letter from Westview Development Corporation re sale of Golf Course lease Y and certain modifications to existing lease: City Manager read letter`s and suggested that matter be discussed at a joint meeting. Consensus: q Westview Development Corp. representatives to be present Monday, 7 February 27, 1961, at conference luncheon. �_aD-_CQ1 I'' TRF. 9YE.,gAL CHAP. 4.10 CHAPTER 4.10 GENERAL Article 4.100 General. 44101 Fireworks. 4.102 Miscellaneous Provisions. 4.103 Enforcement. ARTICLE 4.100 GENERAL 4.1001. CITING OF DIVISION. THis Division shall be known as the Palm Springs Fire Protection Code; and it shall be sufficient to refer to oaid Division as the"Palm Springs Fire Prevention Code" in prosecution for violation of any provisions thereof or otherwise. (19-1) 4.1002. DESIGNATION OF AMENDING ORDINANCES. It shall also be sufficient to designate any ordinance adding to, amending or repealing said Fire Prevention Cade or any part thereof, as an addition or amendment to or repeal of the Palm Springs Fire Prevention Code. (19:1) 4.1003. SCOPE OF DIVISION. The following provisions pertain to the general supervision of conditions constituting fire hazards or danger to life or property in this City and abating or minimizing such fire hazards or dangerous conditions in all structures and on all premises within the City, for the safety of persons and property. (19:2) 4.1004. INTERSTATE COMMERCE: MILITARY. Nothing in this Division shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commissions or applying to the military or naval forces of the united States or to the duly organized militia of the State of California. (19.2) 4.1005. ADDITIONAL TO STATE, FEDERAL LAW. This Division shall be in addition to the measures of fire prevention as set forth in the laws and x•egulations of the State of California and the United States, except as provided above. (19:2) ARTICLE 4.101 FIREWORKS 4.1010. "FIREWORKS" DEFINED. In this Article, "fireworksn refers to firecrackers, rockets, torpedoes,. Roman candles, toy pistols, toy cannons, detonating canes, blank cartridges and other devices designed and intended for pyrotechnic display. (19:74) wltviz"T �be_(_TF1[0#n2znt Ifo7.poaaflon City Council City Hall Palm Springs, California Gentlemen: P.O. BOX W - PALM SPRINGS, CALIFORNIA FAirview 4-1381 February 20, 1961 Attn: Mr. Dan Wagner Westview Development Corporation is presently negotiating a sale of its Palm Springs Golf Course property, and the lease agreement between it and the City of Palm Springs. The purchaser and the Westview Development Corpor- ation are desirous of meeting with the City Council of Palm Springs in Committee in order to discuss minor changes in the lease agreement that will prove beneficial to all parties concerned. This meeting to be at the convenience of the City Council; hoyvever, it would be appreciated if it can be held prior to March 1st, and it will be further appreciated if the City Council will set the date and time for such meeting. Respectfully yours, WESTVIEW DEVELOP T ORPORATION By: 'r; f /tz. Morton B. Ulman, President FCC OTY C DATE: 9-14-60 .O TO: Catty Hanager Daniel J. Wagner (cc City Cle FROM: City Attorney Jerome J. Bunker � CITY OF PALM SPRINGS SUBJECT: Palm Springs Golf Course -—:=GALIFORNIA Attached you find the "Agreement" to be entered into for this fiscal year by the Palm Springs Chamber of Commerce and the City of Pala Springs. Pursuant to our discussion at the pre -Council Conference yesterdays it seemed to be generally agreed that a new paragraph "h)" should be added on Page 2, to read as follows: uh) To publicise, promote and advertise the Palm Springs Golf Course locaUy and nation wide whenever feasible." You might apprise Jimmy Cooper of the feeling of the City Council before action tonight. JJD/d -Att. DATE: 7-1-60 ,O TO,City Manager Dan Wagner FROM: City Attorney Jerome J. Bunker CITY OF PALM SPRINGS --== = f it O R N I• _-=== --- SUBJECT s PALM SPRINGS GOLF COURSE 0 I t Attached you find copy of my letter of June 27, 1960, directed to the Westview Development Corporation, Morton B. Ulman, President, wherein Westview agrees to remove the power poles on the golf course. You will note it has been signed by a President and Vice -President. When you are finished with the letter, please transmit same to the City Clerk to be held in her Palm Springs Golf Course file. JJB/d-Att. JUL 1 1960 ' T CITY MMAGE.RS OFFICE 1;1 CITY OF PALM SIDPINGS Colifopnia June 27, 1960 OFFICE OF JEROME J. BUNKER CITY ATTORNEY Westview Development Corporation 405 Industrial Place Palm Springs, California Attentions Morton B. Ulman, President RE: Lease agreement between Westview Lessor, and the City of Palm Spr Section 29. Township d South..Rm Dear Mr. Ullman s Development Corporation, ngs, Lessee. Golf Course, As you have been previously informed the City discovered that your successor in interest, the San 6aiRei Construction com- pany, had constructed or caused to be constructed, by the California Electric Power Company, poles and electrical equipment extending over and across portions of the leased premises. There- after I wrote you a letter and explained that the lease required all utility Installations to be underground. 4n Monday, June 209 1960, you appeared at a City Council Conference and you and a representative from the San Gabriel Construction Company reported to the City Council that these overhead power installations would be removed within a period of nine months, and regularly as each new subdivision is developed by San Gabriel Construction Company. The City Council acquiesced in this time in which you are to perform, conditioned that the peer pole and guy wires or other appurtenances, presently interfering with We seventh tee -off area be removed immediately. "Immediately" is understood to mean as soon as the California Electric Power Company can move the installation. If this is your understanding, please execute the copy of this letter,which is enclosed, on behalf of your corporation and return to us. Very truly yours, TPQitATIO, A�ity ld_ J. -� Zt� I Yr dent. Att ey —TR ZU MffU rn,-, .. - FFLV L,HtU C BLUU hb A RECEIPT IN FULL PAYMENT OF ITEMS LISTED ON THIS ACCOUNT. NO, OTHER RECEIPT REQUIRED. THE CITY OF PALM SPRINGS, CALIFORNIA DESCRIPTION tst: PAY TO THE ORDER OF DATE INVOICE NO. GROSS DISCOUNT NET AMOU THE TREASURER OF THE CITY OF so -I 1221 PALM SPRINGS, CALIFORNIA K'' L� 26 d71�iIrFa 'II�,f#�trl' ;I„ �, '+ �itl , W g� l � 33# C ftwe" DATE mw * mft s Mow N o for Olt cow" IN BANK OF AMERICA - NATIONAL TRUST 6 SAVINGS ASSN. NOT NEGOTIABLE IABLE PALM SPRINGS BRANCH, PALM SPRINGS, CALIFORNIA BUDGET ACCOUNT DISTRIBUTION 1 HEREBY CERTIFY THIS DEMAND HAS BEEN AUDITED BY THE OFFICE OF ACCOUNT AMOUNT ACCOUNT AMOUNT THE DIRECTOR OF FINANCE, THAT THE SERVICES AND ARTICLES MENTIONED HAVE BEEN ACQUIRED IN ACCORDANCE WITH LEGAL AND BUDGET REQUIRE- MENTS. THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS IS A JUST DEMAND UPON THE TREASURY - WHITE -ACCOUNTING GREEN -AUDITING CANARY -TREASURER PINK - DEPARTMENT CITY TREASURER DEPUTY w DATA March 30, 1960 i0s City Attorney PROMS Pep. City Clerk suivican Golf Course Lease i understand you win arrange for the lease to be sent to a'Melveny & Myers requesting that they check the document And render their final opinion. Also, would you please prepare the resolution approving the lease and directing the City Manager to execute same upon condition of approval 1W Q'Melveny &hers. FILED CM �t�CELIn Res w, 1. Palm Springs Golf Course Lease (Item 29, Unf. Ilus. 3-23-y60 and prior):WIFE' called upon the City Attorney reviewed the history of the Golf Course Lease and explained that the lease nog► consists of three documents, namely, the original signed lease of March 4, 1959,. the metes and bounds description of the golf course which was supplied at a later date and finally Res. No. 5508, which amended the original referred to lease in many particulars. The City Attorney explained that it would be desirable to combine these many documents into one new lease and further explained that the new lease would differ from the old lease in the following particulars. a) The option date would be July 1# 1965; b) Lease payments made after July 1, 1965, would not GOLF apply to the purchase pricey COURSE LEASE c) The option price will be $662,_500; and d) The exhibits are changed to show a parcel of land comprising the playable golf course, being Exhibit A-2; an exhibit showing the unusable wash areas, being Exhibit A-3; that upon proving title to Exhibit A-2, the Lessor will be entitled to lease payments. The City Attorney explained that aside from some clarification, changes in wording and elimination of obsolete provisionsx ' that the new lease was substantially the same as the old lease except as to the above referred to items. When called upon the Director of Public Works stated that the metes and bounds descriptions have been prepared by his department and that by mechanical means of computing, the entire leased premises, Exhibit A-1, contains 157.4 acres. Mr. Morton Ullman,. now PrOsident of Westview Development Corporation, in answer to inquiry from Council as to street improvements, stated that per the lease, Westview Development Corp. will pave and improve Golf Club Drive from Highway 111 to Avenue 34. The paving and improve- ment will be no less than 30 feet wide and the entire road will be paved and improved just as soon as any parcel of land abutting the rkbad is developed. After paving and improvement, the Corporation will dedicate the road to the City. GOLF The City Attorney explained that the Law Offices of COURSE O'Melveny & Myers had approved the form of lease, except LEASE the new Itrchase price and option date and that the CONTID. resolution recites that the proposed lease shall be re -submitted to O'Melveny & Myers for final approval. Upon motion by Beebe, seconded by Wood, Res. No. 5797, approving the new Golf Course Lease between Westview Development Corp. as Lessor and the City of Palm Springs as Lessee, and directing the City Manager to execute the lease for and on behalf of the City as Lessee, subject to final approval by O'Melveny & Myers,was adopted by the-f6llowing vote: ASS: Councilmen McKinney# Wolf, Wood, Beebe, Hardy and Mayor Bogert EXCERPT _ COUNCIL MINUTES NO: Councilman Carlin ABSENT: None Council Minutes 6-10-59 Pag* 11 2. Fund Transfers: a) AJ-61: From: General $329037.14 Library 2,670.43 Sewer 755.58 Airport 23.76 Parking Meter Maintenance 228.00 Waste Disposal 4, 012.91 Special Gas Tax 161.51 MFR 689.00 $3U9579.33 To: Payroll $40,578.33 Period May 16n-31, 1959 b) AJ-62: From: Library Fund -Unapplied $159000.00 To: General Fund - Cash Basis Reserve $15,000.00 c) AJ-63: From: Waste Disposal - Unapplied $109000.00 To: General Fund - Cash Basis Reserve $107000.00 d) AJ-64: From: Advertising - Unapplied $20,000.00 To: General Fund - Cash Basis Reserve $20,000.00 e) AJ-65: From: Retirement - Unapplied $309000.00 To: General - Unappropriated Reserve $302000.00 f) AJ-66: From: General Fund - Cash Basis Reserve $100,000.00 To: Capital Outlay Fafting Meter Fund $100,000.00 were presented, examined and approved by Finance Committee, and upon motion by Wolf, seconded by McKinney, were 'ordered certified by Clerk to Treasurer, as read, by record vote; no dissenting vote; Hardy absent. There being no farther business, upon motion by Beebe, seconded by Wolf and unanimously carried, the meeting adjourned to Wednesday, June 17, 1959, at 8:00 oeclock p.m. MARY G. RINGWALD City Clerk RESOLUTION NO. 5797 OF THE CITY COUNCIL OF TUB CITY OF PAL14 SPRINGS, CALIFORNIA, APPROVING A NEW LEASE BY AND ,BETWEEN CITY OF PALM SPRINGS, AS LESSEE, AND WESTVIEW DEVELOPMRNT CORPORATION, AS LESSOR, AND INSTRUCTING THE CITY' MANAGER TO EXECUTE THE LEASE ON BEHALF OF THE CITY AFTER APPROVAL OF SUCH LEASE BY THE LAW FIRM OF O'MELVENY & MYERS. WHEREAS heretofore and on the 4th day of March, 1959, the City, as Lessees, did enter into a lease agreement with Westview Development Corporation, as Lessor, whereby the City did lease some 148 acres located in Section 29, Township 4 South, Range 5 East, S.B.B. & M., which said acreage the City has since utilized for golf course purposes; and WHEREAS thereafter, and by Resolution No. 5508, the parties to the lease did agree to amend the lease in certain particulars, and WHEREAS it is now desirable to enter into a new lease in order to incorporate in one document all the agreements and undertatandings of the parties-; and WHEREAS the City Attorney has explained thoroughly the change in the option date to July 1, 1965, with the option price being $662.,500.00; and WHEREAS the City Council does further understand that the usable acreage comprising the golf course amounts to approximately 128 acres, and the acreage in the Palm Canyon Wash amounts to approximately 29 acres, and that if Westview Development Corporation should show title to the 128-acre parcel, the lease payments promised will then be forthcoming to the Westview Development Corporation; and WHEREAS the City Council has examined the new lease with its attached exhibits, and the City Attorney has explained to them that this new lease - agreement has been approved by the law firm of O'Melveny & Myers except as to the recent change as to option date and price, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs, California, does approve this new lease of approximately 156 acres in Section Twenty -Nine (29), Township Four (4) South, Range Five (5) East, San Bernardino Base & Meridian, together with the attached; exhibits, said lease consisting of thirteen pages, to supersede and replace the prior lease on the same property executed on March 4, 1959.. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the lease on behalf of the City of Palm Springs when and if this final form of lease is approved by the law firm of O'Melveny & Myers. I hereby certify that the foregoing is a true copy of Resolution No. 5797 duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 29th day of Dated at Palm Springs, California this 7th day of March, 1961. March, 1960. City Clerk City of Palm Springs, Calif. �r I 2. Amended Lease - Westview Dev to went Cor oration-Cit of Palm S rin s (Res. No. 5714, 1-13-60 & pri'or): City Attorney advised that administration is unprepared to present completed documents with exhibits for consideration at this time; requested that action be deferred to next meeting. So ordered. DEFER ACTION ON AMENDED WESTVIEW LEASE ky,CEtzpT - COUNCIL MINUTES Z? b 0 Council Minutes 6m 10- 59 Amendatory Ordinance, entitled Page 3 AN ORDINANCE OF THE CITY OF PALM SPR`YNGS, CALIFORNIA, AMENDING THE Z01 ING PROVIISI ONS OF DI'VTS:ION 9 OF THE "PALM SPRINGS ORDINANCE CODE" BY ADDING SECTION 9211.2991 TO DIVISION 9, CHANGING THE ZONE OF THE HEREINAFTER RkR'F.RRED TO PROPERTf FROM R-1 CiA.SSIFICATION TO R-2 CLASSIFICATION was reaA in fu-11 by City Attorney, and, Upon motion by Beebe, seconded by MoKinney, the ordl-t. mce vas in troduteed and ordered filled for further action, by following vote: AYES: Councilmen MoKinney, WaI19 Wool, Beebe and Mayor Bogert NO: Co-uncilman Carlin ABSENT: Councilman Hardy 8:20 ov clack p.m. m Street Name Charge: Hyman Drive -to high Road (Res. 00 04d37 _ : C12 Manager reported receipt oT reques y interested property owner that hearing be deferred to next meeting. Mayor ann'ounced consensus: hearing rescheduled for Jute 24, 1959 at 8:05 ou clack p.m. UMNISSED 'BUSINESS: 1. Ordi&ances (introduced and read in full 5-27 59) , following second read Mg City Attorney, were passed by record v,te� no dissenting vote; hardy absent-, as hereinafter recorded: a) Trespassing u private property;* entitled AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING TO DIVISION 5 OF THE -,TALK SPRINGS ORDINANCE CODEpe A NEW CHAPTER 59.2 PROVIDING PEMTIES FOR TRESPASS UPON PRIVATE PROPERTY Vpaan metidn by McKinney, seccnaded by' Wood - No. 429. b) Speed Limit Zone, entitled AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ARTICLE 619-A OF DIVISION 6 OF THE "PALM SPRINGS ORDINANCE CODE,11 TO PROVIDE FOR A 25-MILE PER HOUR ZONE FOR CERTAIN ENUMERATED STREETS Upon notion by Beebe, seconded by Carlin— o No. 430. 2. Curb Installation - Vista. La.s Palmas No. 3 (deferred from 5-27 59 and prior): My onager presented e a ed hTsT&—r—y-*-T case dating back to the week 'O'Ta—y Mf—lwhen curbing in Vista Las Palmas No. 3 was 'fed to be deficient In concrete; Coutcil by informal directive on lame 1st ordered inspection of HtcquYet Club Rwad Estates Ne. 2, the only other curbing contract net yet accepted, with result that, although curbing is not as attractive as that installed in Vista Las Palmas N4. 35, quality of work meets City ,specifications; as to 'Vista, Las Palmas No. 3 outlined purses of action ,pen to Counc-il, to-vit: March 16*,19 TO T U 00RONARW 3UYO& AND Muji4gs W IfL� CITE COLNCIL Pay snum,c4ourama Ufft City Attwaty Joreno J. Darkkor ' VW3CT1 666 aft4adad t S0 - Weetview Developimt all 91 ftlx wig ..Jolt 4VQ10s visa$* find a QQP7 of the Proposod Q.044 is a he aan the City of i-*atm spriags a4d j oatvt4V osia 6%t COrparatica far tho SoLf cows*, accoz?tishos tho following: 1. it incornamlas the Atat a to the on ia-3t Jazoo nado by, R.esolullon N4. 5 -08. You will rscat.i this Rasolution uir t�oatv.ia� to oak,, cartain In. ovauseto v the comoil, In Resolution ias, ds iat. . The option data to change fr July 1962 to Jau"v7 t, 190S. °rho 4019A Pri09 Las $72-5#000.00t and dues not diminish ' a r t mina the t , Of the Lijaxa, i.a. a;tx"ao years. % The tease ratains the .provision for ►ti , 'urn rats f*r an adiditiaml 'WW1W Or twant'y-roe W-.% S. 4. 'rho 1"" diVR1,09 the lends into Wv parceLa, Wknaiy 131 acres of 0141YUblu golf courso. MW 25 acres of -S% Lyon W49h, aatvi@* Auot Rhou 'title to the lit ac-rzs on or Wfor J&ouarj 1,, 1165. .rho penaltjv for not ago doing is twit t1 e CA staid the ta"ahald payNonta is the teat t t � �s is da os s Wa also r4fut; .v-11,;pFums Prom, �„�., As 'to Wia 25 ucra parzal, Westvisw naso shoo title Only at tho to we Wish to exorcise the option which is u*t before J a rs t. 1965. .t is to ba autod that i have jAposed the cost of &applying a VDUW of title insurance LA on sstvi . TA their naijottAti s with air, the lnd=te Sach 904t should he to tho City but with this 1 de not agroo. 6. "rho borrauiAg capacity of v*oftles to jWtsa to the optic privet thus Wastvisa uV not hors in excess or to ,000.00. 0140 CITY OF PALM SPRINGS wo a4i x gryr yad city numwi1 Rol U0901w wovelqpmont l S* Pat" spriaQa Gait CoUrS4 3*16-6 `. %o last of t0am9raph X11 boa bova NOW clart.fby ealo to civarly ref Loot that the option sausle 1 11 be paid to MOW bovelopmeat Cniparattan to ont the We& its aquitf Wate. Tito balance is to ba id to tho mortgage* or ftr4t trust dead h alder. Very truly yawl, LU ow C ty, A _240 GOLF COURSE LEASE - LEGAL OPINION FROM O'MELVENX & MYERS City Attorney read letter from O'Melveny and Myers re Westview Lease dated March 10. Since then a further amendment has beenoffered. First thing we have done is combine old lease with the subsequent resolution (No. 5.508) waiving requirement for toilets, pump and engine housing, etc.. All of these provisions are incorporated or deleted from original lease. Second factor is Paragraph 10, which has been changed to provide a new option date off anus-y 1965. There will be 2 additional exhibit§4 designated A-2 and A-3 showing playable golf coilrse area and wash area. Westview must show title to A-2 by 1-11-65; as to A-3 they don't have to provide title until City takes up option. City will need until 1965 to show history for a bond buyer. Another important item ruled on by O'Melveny is that Westview's borrowing power must be limited to option price of. $725,000. City Attorney would like to redraft lease incorpoxating these changes and amendments and collect new exhibits and have it ready for Council action on March 23. Council members indicated they would like to study the redraft at some length before taking action; City Attorney was instxuct:ed to proceed as rapidly as possible to have revi-sed lease ready for Council distribution. i Coor cil Mitr Aes 6-10-59 Page 5 telants could request similar consideration- adapted as Res. No. 5493, by folldwing vote: AYES: Councilmen McRihney, Wolf, Beebe and Mayor Bogert NOES: Councilmeh Weed and Colin ABSENT: Councilman Hardy h) To eruct t sip at riot t e les to Palm Cs7on Drive in FMIhj lot area: Approved under stipulation a sign be removed within 1 year and be set back 10 feet from property line. Councilman Valf offered a mdtion, seconded by CougncilmaA Beebe, that variance be denied, since periAtter landscaping, as shown an approved parkbig lot plarr, has '.tat yet been installed; adopted as Res. NO. 5494 by record vote$ not dissenting vote; Hardy absent. 3. A 1icativa Cathedral Ci. Catbolic Church for si 0'dance to ereof directionals ong HlgftWT III In AratV Pointt Denied for the reason that Church is tat within city limits and granting of application would be contrary to established precedent. Na Action. CITT MANAGER: 1. . -3. J & S Paving Compalr $46t920.90 TO= springs Hicks & Allred $569133.70 Cathedral City Laird Paving $639165.20 Claremont E. L. Yeager $63,183.80 Riverside and reccometdation by Acting Director of Public Works that contract be awarded to low bidder J & S Paving Cm*arq in amount of $469920.90. P'pbn cation by Beebe, seconded by Weed o Res. No. 5495, authorizing and directing procedure recommended, was adopted by -record vote; no dis- senting vote; lardy absent. Sewer PrgVm: a) Sewer Lure Construction -.North Pal*__y Won Drive and Indian Av�cae ogs vs. * , ft W on. oo a s. 6o 9 m -59 gmd prior): Reported a ee as reco mended employment of law firm of Slaughter, Schlesinger and Schlecht to negotiate a settlement of this contract at an hourly fee of $259, plus trial fees in amount of $200 per day. A101 A this cannection, reported notification from Monteleone and McCrory;' attorneys for contractor, that City; s demand for a 10-year bond in amount of $8500 in settlement i f contract digmte has been RESPONSE OF THE CITY COUNCIL February 10, 1960 At this time it might be well to review the events that led up to the leasing of a golf course by the City of Palm Springs from the Westview Development Corporation. On March 15, 1955, Mayor Boyd announced a survey under way for citizens to be appointed to a citizens' golf committee. On June 121 1957, following receipt of resolutions from the Palm Springs Real Estate Board, Palm Springs Chamber of Commerce, Palm Springs Hotel and Apartment Owners' Association, Palm Springs Retail Merchants' Association, Palm Springs Junior Chamber of Commerce, and others, urging the acquisition of a municipal golf course, the City Council appointed a Golf Course Citizens' Committee. This Committee consisted of the following people: Retail Merchants Association George Beebe, Jr. Larry Quinn Frank Prince Leo Baker Ed McCoubrey Bob Beck John Wood Ray Corliss Chamber of Commerce Harold Beck Bud Herman Harold Hicks William Tackett Harold West Roy Fey Hotel and Apartment Association John Miller Harry Paisley Dewey Metzdorf Walter Lawren a �,� I% Ed Hogan q Harry Bogart Bill Foldesy Real Estate Board �\ Muriel Fulton George Gannon � James Hammond Terry Ray Mike Jeky 1 J. G. Munholland Harold Murphy Graham Dexter It was agreed, following general Council discussion, that Mrs. Ruth Hardy should represent the Council as temporary chairman of the Committee, and that the membership should be left upon an open basis. The purpose of the Committee was to study and develop a suitable plan for a municipal golf course. -2- After a period of time, when it became apparent that the acquisition of the suggested sites would be extremely difficult, if not impossible, this Committee became somewhat dormant. Prior to entering into a lease arrangement with Westview, public open hearings were held at the El Mirador on February 4, 1959, and at the Chi Chi on February 16, 1959• In addition, open hearings were held in the Council Chambers on February 4 and February 18, 1959• Some of these meetings had in excess of 200 people in attendance. Most of the people present overwhelmingly favored the acquisition of the golf course by the City. After negotiations were completed with the Westview Development Corporation for their course, a committee was re -activated. This committee contained new members; the only two members on the new committee who were carryovers from the original committee were George Beebe, Jr. and John Wood. The golf course committee was dissolved by Council Res. No. 5585 adopted August 15, 1959, and the operation of the course was turned over to the City Administration. In specific response to the Civic Association's letter of January 21, 1960, the City Council of the City of Palm Springs replies as follows: (Paragraphs are numbered to correspond with the basic letter). 1) A number of conferences have been held with Westview Development Corporation concerning certain changes in the lease. Our conversations have not included the Palm Springs Capital Company. The City is authorized up to the sum of $500 for work by the firm of O'Melveny & Myers. At present the lease option agreement consists of separate papers, such as: a) Legal descriptions of the premises; b) The original lease; c) The resolution amending the lease. -3- it is desirable to combine these documents into a new document, and to make certain wording changes, as agreed to by the City of Palm Springs and Westview Development Corporation. 2) Attached to this letter are enclosures A, B and C. Enclosure A is a combined operating statement of,the golf course for the months of November and December. Enclosure B is a summarization of the operating statement. Enclosure C is an operating statement for the month of January. Attention is invited to the fact that the preparation of the operating statement presents an unusual accounting problem. The principal difficulty is to distinguish operating costs from those items which are of major improvement, and should be classed as investments in the golf course development. All expenditures from July 1 to the opening date were for the development of the course, and are segregated on the operating statement. In respect to budget compliance, the operation seems to conform in general to the original estimates. However, it should be noted that the current budget was prepared without historical knowledge; consequently, all requirements could not be anticipated. Some revisions may be necessary as changed conditions manifest themselves. Such revisions are made only with the knowledge and approval of the City Council. it should be noted at this time that the City of Palm Springs has acquired a golf course without an original capital investment. Such an acquisition with minimum capital risk is most unusual in the field of municipal or private finance. ENCLUSURE "A" OPERATING STATEMENT PALM SPRINGS GOLF COURSE November Prior to ecember November Income: General Fund Loan $ 60,000.00 CapitalOutlay Loan 45,295.00 DeMuth Fund Loan 23,000.00 Golf Course Income: Golf Course Fees $ 13,611.07 Golf Course Advance Sales 3,630.00 Electrical Cart Rental 4,694.01 Eland Cart Rental 784.80 Range & Lessons 954.30 Sales of Merchandise 2,439.30 Purchases 3,998.87 Inventory 2,151.56 ,:Post of sales 1,847.31 591.99 .Other Income (Cash Overage) 356.33 Total Golf Course Income 24,622.50 k• gnditures: Operating Salaries 10,219.41 26.337.69 Host, Light, Power .. 1,992.46 2,275.49 ' Telephone 3.25 Office Supplies 364.20 245.06 Postage 5.06 Vehicle Operating Expense 459.77 484.75 Building Grounds 4,123.20 13,084.78 Laundry & Dry Cleaning 2.25 •75 Small Tools 15.82 282.75 Contractual 3,578.00 3,600.00 Taxes 1,532.08 Miscellaneous 105.30 408.89 Capital Improvements 66,488.04 Total Expenditures 22,400.80 112,208.32 Operating Income 20221.70 s/ Shelby V. Langford Director of Finance -4- 3) The bermuda grass on the fairways has not been destroyed. It must be remembered that time did not permit, before the onset of the cold weather, planting of bermuda on all of the back nine. Seed purchased by Westview is currently available, and the fairways that were not seeded in bermuda last summer will be seeded when climatic conditions permit, probably in July. The answer to the question as to the source of funds for expenditures has been indicated in the enclosures clarifying Paragraph 2. The possibility of this lease purchase agreement becoming void is so remote that an answer is not considered indicated. 4} a) No legal opinion has altered any contract so far. b) The City Council, acting in its capacity as a governing body of this City, is exempt from personal legal responsibility. 5} The City has comprehensive public liability insurance against claims from any damage that might arise from golf course play. SUMMARY GOLF COURSE OPERATING .STATEMENT November & December, 1959 iiiim Golf Course financing to date: From the General Fund (Business License fees) $ 66,000.00 From the Capital Outlay Fund 45,295.00 From the DeMuth Memorial Fund 23,000.00 Operating income 24,622.50 $152,917.50 Application of Funds: Operating Income net 2,221•70 Operating Expenditures 22,400.80 Improvement and Outlays 112,208.32 Unexpended Funds 16,086.68 $152,917.50 The above figures do not consider the $62,500 lease payment to be paid from the Capital Outlay Fund. INCOOME General Fund Loan Capital Outlay Loan DeMuth Fund Loan GOLF COURSE INCOME: Golf Course Fees Golf Course Advance Sales Electrical Cart Rental Hand Cart Rental Range & Lessons Sale of Merchandise Purchases Inventory Cost of Sales Other Income Cash Overage Other Income Concessions TOTAL GOLF COURSE OPERATING INCOME EXPENDITURES Operating Salaries Heat, Light, Power Telephone Office Supplies Postage Travel Vehicle Operating Expense Buildings & Grounds Maintenance Advertising LautdT7 & Dry Cleaning Small Tools Contractural Taxes Miscellaneous Capital Improvements November -December Operating Income January Operating Income OPERATING STATEMENT PAIN SPRINGS COIF COURSE JANIIARY 319 1960 72543.58 41505.22 OPERATING OUTLATS INCOME & DEVELOPMENT EXPENSE COST 601000.00 45,295.00 23,000.00 23,767.11 6,530.00 89054.26 19348.80 11554.48 41089.95 39038.36 19051.59 431.33 146.63 2,221.70 7,434.87 429884.20 16,048.05 26,337.69 32531.91 29275.49 4.45 - 838.70 245.06 5.06 45.62 764.90 484.75 49691.97 13,084.78 150.00 5.25 .75 26,34 282.75 5,478.00 31600.00 11532.08 105.30 408.89 669205.84 339227.63 112,926.00 NET OPERATING IWOM TO DATE 99656.57 GOLF COURSE SOURCE AND A"MCATI1CN OF FUNDS JANUARY 312 1960 SOURCE aF FUNDS From the General Fund 60,000.00 From the Capital Outlay Fund 459295.00 From the DeMuth Memorial Fund 23,000.00 Operating Income -Net=- 42,884.20 171,179.20 APPLICATION OF FUNDS Operating Income Net 9,656.57 Operating Expenditures 33,227.63 Improvement and Outlays 1127926.00 Unexpended Funds 15,369.00 1719179.20 January 14, 1960 Ofgelveny & ply►ers, Attorneys 433 South Spring Street; Los Angeles 13, California ,Atten tior: J. N'Rrren Beebe, Esq. ID Your file DAB 4645 - Palm S rin .s C-olf Course Lease Dear Warren: &closed please find a certified copy of Resolution No. 5714 Of the City of Palm Springs authorizing your amplopien.t and limiting charges to the City in tha amo.Ant of V500. We hope you will be able to exam ne the entire lease and make your reconmenda t ions. The City does not Mziter-'Ipla to your services to include a rewrite of the lease but only your observations as to the legality of the present form of Lease and your suggested changes. Re sincerely bring l t to permits. hope you will be able to commence the work and conclusion in as short a time as your work load Very truly yours, JEROM J. Bra M City Attorney JJB/d Enclosure. cc Roy W. Colegate, Esq. 444 N. Palm Canyon Drive Palm Springs,Calif. 2. Employment of O'Melveny & Myers to examine the Golf Course ase and render an opinion as to legality in its-presint GOLF COURSE Vim, wi recbmmen a ions For alteration inu e Order LEASE to; 5180 12-9-59 and priors Reported that O°Melveny & Myers have offered to do this work at a fee computed on a time basis at the rate of $50 per hour for partner's time and $35 per hour for associate's time; City Attorney has advised that such an opinion would be desirable from the City°s viewpoint as well as that of Lessor, Westview Develop- ment Corporation. Pouncilman Carlin offered a motion that any investigation of the Golf Course Lease be conducted by 'the Grand Jury; said motion was lost for want of a second. Upon motion by McKinney, seconded by Wolf, Res. No. 57149 GOLF COURSE authorizing employment of 0°Melveny & Myers to evaluate the LEASE CONT°D. legality of the Golf Course Lease, at a total maximum cost of $1000.9 to be shared equally with Westview Development Corporation, was adopted by the following vote. - AYES: Councilmen McKinneyy Wolfy Wood, Beebe;, Hardy and Mayor Bogert NO: Councilman Carlin ABSENT: None '0S0LVr1(W NO. 5714 OF TEW CITY 00UNCIL OF THE CITY OF PALM SPR=,S V,,N5 TO RARig PWINARP V 1 5 OF =13 GOLF COURS O Laa i VOWAS '"ostview Devolopment Corporation has requested the City of Pais* Springs to join in and have made an independ- ent review of various provisions of the Palm Springs Golf Course .ease; and USEWS such procedure sees desirable from both ,points of view., NON TRERWORD W IT 0SOLUD that the City Council of the City of Palm Aprings, California, does authorize the law firia of OtHelveny a Myers to examine the entii�o lease O' elvany & Wers file AVWbored WI-4645), and render its opinion and 01:r vren'ts, W IT FURMR MOLVIM that there is heriaby aWelwiated the sum of pivs Hundred Dollars ($O) for pmeAt for said senioes of Ot elvony & Myers. Said f.im of £D elve' & Myers shall work withia the appropriatiou, and any amounts of work exceeding the appropriation will .require further Ca=cil authorization. BE IT pMfW� USOLVO that charges for the work involved heroin are to he divided equally betwem this City of PRIX Springs and Wastview Develo tint corporation, and that o t elveny & Nyors accepts trio employment with this, ander- standing, and the billing pr000durs of eaid fiarn will adhere to tbis resolution, I hereby certify that the foregoing is a true copy of Resolution No. , duly adopted by the City Council of the City of Palm Springs in a m eiln� thereof held on the V day of Janus, 10, City Clerk Dated at Palm Springs, California City of Palm Springs, Calif. this day of a. w January 1960. PAUL ASSOCIATES, INC., (2500.4-57) DATE, 1-7-60 U„0 O T0+ City Manager Dan Wagner FRtifaj City Attorney Jerry BunkerZECITY OF PALM SPRf; SUBJEOT+--®--OALtFORMIA_�-= ; - Palm Springs Golf Course lease (OlMelveny & Myers services - proposed resolution) Attached please find a communication to me from Mr. Warren Beebe, Jr. of OaMelveny I Myers. The letter is self-explanatory as to his fees. You will note there was also expressed a desire to go over other portions of the lease and I would recommend that the City Council adopt a resolution on Wednesday, January 13, 19602 to the effect that we desire an examination of the entire lease and recommend that the costs be divided between the City and Westview Development Corporation. Attached please find such form of resolution. If you concur, please turn the original and other copies over to the City Clerk. Mr. Beebe has also rendered his opinion to the effect that the form of Paragraph X submitted by Mr. Colegate would be valid whereas our present Section X he does not believe to be valid. However, he recommends a re -draft of the Colegate proposal to make it clear in certain respects. This proposed new paragraph is attached hereto. This proposed Paragraph X makes two changes. They are: 1. It makes it clear that the lessor is to deliver title free and clear of any encumbrance, including being free of any trust deed placed against the property by virtue of Westview borrowing on the lease. 2. It now provides that the Lessor shall pay for the policy of title insurance as well as the cost of revenue stamps required upon a deed from Westview to the City. the OTMelveny office As indicated, 9sMe+Yeny will continue to examine the lease from many different aspects and render its recommendation for alteration. JJB/d JAN 8 1960 CITY MA"Jffl�t JOHN OO M ELVENY JAMES C.GREENE PAUL FUSSELL WILLIAM W.ALSUP HARRY L.DUNN EDWARD C.FREUTEL,JR. DAMES L.BEESE GEORGE F. ELMENDORF PIERCE WORKS PHILIP F. WESTBROON,JR. HOMER I.MITCHELL RODNEY K.POTTER GRAHAM L.STERLING CLYDE E.TRITT WILLIAM B.CARMAN E.HARLEY WALTHER MAY NARD J.TOLL WARREN ..CHRISTOPHER JAMES M.IRVINE,JR. EVERETT B.CLARY SIDNEY H.WALL BENNETT W,PRIEST RI CHARD C.BERGEN JAMES E.CROSS WILLIAM P.MARTIN JAMES W.BEEBE DEANE F.JOHNSON RICHARD F.IGL RAY H.LINDMAN Jerome J. Bunker, City Attorney City Hall LAW OFFICES OF O'M ELVENY & MYERS 433 SOUTH SPRING STREET Esq. LOS ANGELES 13 MAoISON 4-2611 January 6th 1 9 6 0 Palm Springs, California Dear Jerry: H. W.OM ELVENY IB65-1941 LOUIS W.MYERS WILLIAM W.0 LARY BEVERLY HILLS OFFICE 135 EL CAMINO DRIVE BEVERLY HILLS CRESTVIEW 1-5267 CABLE ADDRESS"MOMS" IN REPLY REFER TO BM-4645 PALM SPRINGS GOLF COURSE LEASE -PURCHASE Pursuant to our conversation of December 24th and your subsequent letter of December 30th, we have commenced work on the golf course lease. As was discussed, our fee for this work will be computed on a time basis in accordance with our standard fee schedule at the rate of $50 per hour for partner's time and $35 per hour for associate's time. We would appreciate a certified copy of a City Council minute order employing us on this basis. Your letter of December 30th restricted our examination to Section X of the lease. Yesterday morning Mr. Rubin phoned and confirmed what I expected, namely, that he wishes our office to examine the entire lease and its execution so that we can furnish an opinion to a lender as to the validity thereof. If this corresponds with your understanding, the order employing our firm should so state. If not, please let me know. Cordially yours, lval"� James Warren Beebe JWB:HS CC - Maxwell L. Rubin, Esq. 33 North La Salle Street Chicago 2, Illinois Maxwell L. Rubin, Esq. Westview Development Corporation 405 Industrial Place Palm Springs, California [PROPOSED NEW PARAGRAPH] X Lessor does hereby give, grant and convey to Lessee the right and exclusive option to purchase the entire demised premises from the Lessee at any time from January 1, 1965, onward throughout the remainder of the term, and any renewals or extensions thereof, provided Lessee shall not at time of exercise of option be anywise in default. The total purchase price shall be the sum of $725,000 in cash lawful money of the United States, and rentals under this lease shall be prorated and paid to the date of consummation of the purchase. At said date of consummation of the purchase Lessor shall deliver title to the real property free and clear of liens, charges, encumbrances, covenants, conditions, restrictions, reservations, easements or other rights, including, without limitation, any lien, charge, encumbrance or other right created pursuant to Section XII hereof, except for such of the foregoing as were of record on March 4, 1959, or (except for the aforementioned Section XII) were suffered or allowed by Lessee. The Lessor shall furnish and pay for all internal revenue stamps required upon the deed, and expense of any policy of title insurance desired shall be borne by the Lessee. Of TV CITY CUUML OFW' i;ITY W, Psi s 3 VMS QASz* fi�r?;: � 77,,.�AJ _. ,y g,od the yt ryly of Wasove provi$1000 of the A& Spring* If W119NIA inch proaodoro SaW MOAK from ba q pAnts o view* 'U TOMMY, BS 11 X UR that IN City Counpil of The City as Palm SP ina,Califoralar dote amts,t.wize the Kati (010 1v , A x` `wo fib. N rk wa cired - ' ?' and wader its opinion W commants. SE IT MAIRdf ASUM teat there is herew aa'px"oyntad the OW of live WOW hollars ($500) for :pv4t f4r said s rvicos of 30kalvony & kywre. Said Firm of OwMalvenWW Myore shall work witbin thv an,re r ict, and any a� tutu of Ware =00ding the �tp `� ha �� ill requtro further COUA011 Whorization. BE IT FURTMAR, RhSOLVJM $halt cam' es fob' tho work Mmvolvod WOW aro to be divided 0q 1 T twotwean tho City of Pat" springs a t0 Wootylew Davalop lent corpa ation'v and that under- ataadbq, ad the HiNg procedury of W4 ;" try will :he"r to this resolution, 4 hereby certify that the foregoing is a true copy of Resolution No. s• '. duly adopted by the City Council of the City of Palm Springs in a mAW- thereof held on the day of 1f Dated at Palm Springs, California City Clerk City of Palm Springs, Calif. this day of MM ASSOCIATES, INC., (2500-4-57) 1. Official designation of new golf course as "PALM SPRINGS GOLF G UR(Item'UnfinishedBusiness, - - pon motion y eebe, seconded by Wood, Res. No. 5524, directing that golf course shall be known as "Palm Springs Golf Course," was adopted by following vote: AYES: Councilmen Wood, Beebe, Hardy and Mayor Bogert NOES: Councilmen McKinney, Wolf and Carlin ABSENT: None GOLF COURSE NAME -W_ q I q GOLF COURSE NAME CONT I D n L 7— 8 -Scf BUSINESS DANCES ART. 246- ARTICLE 246 RULES, REGULATIONS 2461. POWER TO MAKE RULES, REGULATIONS. The Council may wake rules and regulations governing dancing clubs, public dances, or public dance halls within this City which shall govern and apply to all permittees under this Chapter. (40:6) 2462. CUSTODY OF RULES. Such rules shall be filed with the City Clerk and shall be available for inspection by the public. (40°6) ARTICLE 247 POLICING 2471. SPECIAL POLICE OFFICERS: APPLICATION BY MANAGEMENT. Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the City Manager for the appointment of a special police officer or officers of the City of Palm Springs to be present and in attendance at such dancing club, public dance or public dance hall during all times that dancing is conduct- ed, carried on or allowed therein, for the purpose of preserv- ing order and preventing any violation of any law of the State of California, or any ordinance of the City of Palm Springs, or any rule prescribed under Article 246. (35421) 2472. POLICING REQUIRED BY CITY. The City Council or the City Manager may require the presence and attendance of such special police officer or officers as a condition to the exercise of any permit as hereinabove set forth. (354:1) 2473. COST OF POLICING. The expense of any such special officer or officers so appointed for such attendance shall be paid by such person so conducting, managing, or carrying on any dancing club, public dance, or public dance hall in accordance with such schedule of fees for such services as may be found to be reasonable and established by the Chief of Police. (354:1) 2474. PAYMENT TO CITY CLERK. The expense of such special officer shall be paid to the City Clerk each week in advance for all dancing to be conducted, carried on or allowed during that time, in accordance with a written statement made at the time of such payment to the City Clerk. (40:7 71:1oD) 2475. PAYMENT TO OFFICERS. The City Clerk shall in turn pay said money to the special officers as earned by them. (40a7. 71:1:D) 612-57 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held Tuesday June 30, 1959 8:00 o'clock p. m. The City Council of the City of Palm Springs held a special meeting in the Council Chambers, 3200 McCallum Way, in said city on Tuesday, June 30, 1955, at the hour of 8:00 o'clock p.m., pursuant to Call by Mayor Bogert naming time and place of meeting and stating purpose of said meeting. The City Clerk presented acknowledgments of service of notice and consents to said meeting signed by all members of the Council. ROLL CALL: Present: Councilmen McKinney, Wolf, Wood, Carlin, Beebe, Hardy and MayorBogert Absent: None Also Present: City Mari,�ger Wagner, City Attorney Bunker, Pub Works Directo:V�,Abrams and City Clerk Ringwald Purpose of meeting: To consider and; act upon The acceptance or rejection of the Palm Springs Golf Course, pursuant to lease between Westview Development Corporation and the City of Palm Springs, together with any other agreements affecting the operation or maintenance of the golf course. Mayor Bogert called upon .c Councilman Beebe, Chairman of the Golf Course Committee, to make a report c-- ing the Committee's recommendations for acceptance of the Golf Course, pur- • to lease between City and Westview Development Corporation, dated March 4,: Thereupon Councilman Beebe made has report to the effect that all conditi,- acceptance had been complied with by Westview Development Corporation, exci., that the fairways of the golf course are deficient in that they do not have uniform stand of Bermuda grass. In addition, the golf course deficient in no provision has been made to halt the drift of sand and fines over and acr. the twelfth fairway and green. It is the recommendation of the Golf Cour" Committee that the City accept the golf course and. commerce operation July 1DF.9, but that such acceptance -be conditioned upon rectifying the above deficiencies. The Committee recommends the acceptance of the sum of $2200 !c'7 Westview Development Corporation for the purchase of rye grass and Bermuda seed. In addition the Committee recommends that Westview Development Corpor�' be required to stabilize the subdivision area abutting the twelfth fairwa.�Alt green so as to stop the sand and fines drift. Subject to the Committee's recommendations, Councilman Beebe moved that i- golf course be accepted, seconded by Councilman Hardy. The City Attorney addressed Mr. Morton B. U1man ,and asked Mr. Ulman if he v: familiar with the conditions recommended by the Golf Course Committee. it replied that he was the President of Westview Development Corporation; tr-; had complete authority to commit Westview Development Corporation, and tha" was agreeable to the payment of $2200 to the City on or before August 1, In addition, that he would accept the commitment to stabilize the area a} the twelfth fairway and green, and, further, would agree that, during fu:�" Al Council Minutes 6-30-59 Page 2 subdivision, areas disturbed by grading or improvement would be stabilized. Councilman Wolf felt that the golf course was deficient, pursuant to express'' terms of the lease, and that the conditions recited by the Golf Course Committee might well fall short of rectifying the deficiency. Councilman_ Carlin stated that her vote would be "No" for the reason that the matter of the golf course has become so involved that it cannot readily be explained. She felt that she would be in favor of refunding their increased business license fees and putting the matter to a vote of the people, Thereupon, the City Attorney recited the conditions of acceptance: 1. That Westview Development Corporation will pay to the City of Palm Springs in lawful money, the sum of $2,200 on or before August 1, 1959, which said moneys shall be used by the City for the purchase of Bermuda grass and rye grass seed in the amounts deemed necessary by the City. 2. Westview Development Corporation will stabilize the areas abutting the twelfth green and twelfth fairway so as to stop the drift of fines and sand onto the said twelfth fairway and green. 3. It is further agreed that during the course of future subdivision work by Westview Development Corporation all soils disturbed by the subdivision work will be stabilized so as to preclude drift of sand and fines onto any of the portions of the golf course under lease to the City. Thereafter the City Council did adopt Resolution No. 5519, accepting the Palm Springs Golf Course, subject to the recited conditions by the City Attorney, by the following vote: APES: Councilman McKinney, Wood, Beebe, Hardy and Mayor Bogert NOES: Councilmen Wolf and Carlin ABSENT: None There being no further business, upon motion by Beebe, seconded by Hardy -ad unanimously carried, the meeting adjourned, v- NARY FINGWALD � City Clerk lunial Golf Course - Modification_` of Lease Agreement with estview Development Co oration kRes. No. 54729 5-13-59 & prior); GOLF COURSE Stated that Golf Course Committee has made certain recommendations AMENDMENT concerning proposed amendment to current lease, and called upon City Attorney, who read resolution developed in accordance therewith, as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -PALM SPRINGS, CALIFORNIA,. MODIFYING THE LF COURSE LEASE IN = CERTAIN PARTICULARS WHEREAS, heretofore and on the 4th day of March, 1959, 1 BUILDING Amend Section 3005(k) - Stairwayto Roof: In every building Stair - more than two stories in height, one stairway shall wa to extend to the roof surface unless the roof has a slope Ro greater than four in twelve. In lieu of this requirement, a permanent metal ladder to the roof may be installed upon approval of the Chief Building Inspector and Fire Marshal. Amend Section 3712 (1) - Hearth: Every fireplace shall be Fire - provided withabric , concrete, stone or other approved P incombustible hearth slab at least twelve inches (12") wider on each side than the fireplace opening, and projecting at least eighteen inches (18") therefrom. This slab shall be raised not less than two inches (2") and shall be supported by incombustible materials or reinforced to carry its own weight and all imposed loads. Combustible forms and center- ing shall be removed. Amend Section 4711 (c) - Application: Except when applied to concrete or masonry, and except as otherwise provided for, pneumatically applied plaster, exterior cement plastering materials shall be mixed by machine methods for not less than two minutes, and shall be applied in three coats as set forth in Table 47-F, except that the third coat may be omitted General providing that the total plaster thickness is not less than seven -eighths inch (7/8"). The first coat shall be forced through all openings in the reinforcement so as solidly to fill all spaces. It shall then be scored horizontally. Add Section 4903 - Disposal of Waste-- Water: Waste water from mechanical refrigeration shall not be Waste disposed of in the City sewer lines nor on the surface Water of the ground. n Council Minutes 6-17-59 Page 3 the City of Palm Springs, California, as Lessee, entered GOIT into a lease with Westview Development Corporation, as LEA, Lessor, for the lease and use by the City of certain lands in Section 299 NS, R5E, SBB&M., as a golf course; and WHEREAS, there was attached to said Lease, as Exhibit A.2, a plat showing location and size of the golf course as agreed upon by the parties; and WHEREAS, the Committee appointed by the Council to make recommendat+ons relative to the operation by the golf course has stated in open meeting with Lessor that said course as constituted in Exhibit A-2 would not make for a success- ful operation, and that in order for the course to be operated to maximum utility, in a manner conducive to the City's best interests, the position of No. 1 Tee, Club- house area, driving range and parking area should be changed; and WHEREAS, the Committee has requested the Lessor to cooperate to the extent that the objectives of the City can best be served; and" WHEREAS, Lessor, as a condition to entering into discussions relative to modifying said lease to meet ' the City's objectives, has requested that the lease be modified by eliminating that portion of Paragraph IV of the lease beginning with the word "however" and ending with the words "June 30, 1960" on page 4 of said lease, substituting therefor the following: "However, Lessee shall not•be required to retain possession, make any paymm is provided for by said lease, or otherwise comply with any of the lease requirements unless the said Lessor shall, on or before June 30, 1962, evidence unin- cumbered title in the Lessor by title of policy insurance issued by a title company located and operating in the County of Riverside, State of, California, subject only to covenants, conditions, restrictions, reservations, rights, rights of way, easements of record and real and personal property taxes for the period July 1, 1959 through June 30, 1960. "Further, it is agreed that the leasehold payments to be made pursuant to this lease shall be retained by the Lessee until the Lessor shall have proved title as aforesaid. Should Lessor be unable to obtain title because of failure of performance for any reason with the Palm Springs Capital Company or Pearl McManus, then the Lessee shall retain all lease payments as indemnity toward the improvements Lessee shall have made through the period June 30, 1962. In the alternative, Lessee may cure the default of Lessor with the Palm Springs Capital Company or Pearl McManus by use of the lease payments. In addition Lessor shall guarantee to Lessee and hold harmless the said Lessee from any payments that may be due the Palm Springs Capital CO PW or Pearl McManus, their g�oslbecass�iedrs or assign39 over to the default and above the lease paymentsPP of the said Lessor. "If the Lessor proves titles at any ti eLprior or to June 30,s 1962, then the Lessee shall per' to due pursuant to this lease." 92I -I e Minutes Page 4 3 "The remaining portion of Paragraph IV of the lease shall GOLF COURSE remain the same except ai hereinafter further referred to LEASE d and modif ied.N AMENDMENT nds NOW THEREFORE BE`IT RESOLVED, that subject to acceptance by Westview 'bevelopment 'Corporati on, ' on passage hereof by the City Couno iL,' that the lease heretofore entered into by -21 and between Westview Development Corporation and the City of Palm Springs is modified in the following particulars: 1. EXHIBIT A-2 of the referred to 'lease shall be deleted, and substituted therefor shall be the attached EXHIBIT urns A-2 (revised) showing: csn. a. An 18-hole golf course. b. A service neater of approximately 1.5 acres along he the northerly border of Section 29 of the herein. above referred to Section 29, T461 RSEr SBB&M. c. A starter area. d. An''automobile parking space in two#parts e. A clubhouse area. erbta f. A golf driving range of approximately 7 acres. bo Z. Areas'damarkad in the wash area. BE IT FIIRTHER RESOLVED that the lease is further modified as gionu folloxs,'.to-wit: tts�C 1: That portion of Paragraph IV of the original lease agree- wari$ meat entered into March 4, 1959, shall be amended beginning with the word "however" and ending with the words "June 30, ' 1966K on page 4 of said lease, substituting therefor the fallowing: sfl ion. rims "However, Lessee shall not be required to retain possessionr tint make any payments provided for by said lease, or otherwise �- _ comply with any of the lease requirements unless the said tco Lessor shall, on or before June 30, 1962, evidence unin- cumbered title in the Lessor by a title of policy insurance to issued by a title company located and, operating in the County of Riverside, State of California, subject only to st covenants, conditions, restrictions, reservations, rights, ' rights of �v-ea�emeat��wf -record, -and. -real. and .personal property taxes for the period July lr 1959 through Juice 30;960. "Further, it is agreed that ttm leasehold payments to be made pursuant to this lease shall be retained by Lessee lt:r� until Lessor shall have proved title as aforesaid. Should aisag Lessor be unable to obtain title because of failure of rill performance for any reason with the Palm Springs Capital Company or Pearl McManuq,then the Lessee shall retain all the lease payments as indemnity toward the improvements Lessee h the shall have made through the period June 30, 1962: In the t* alternative, Lessee may cure the default of Lessor with the a Palm Springs Capital Company or Pearl McMen us by use of the lease payments. In addition Lessor shall guarantee sty to Lessee and hold harmless the said Lessee from any ovlor payments that may be due the Palm Springs Capital Company utt or Pearl McManus, their heirs, successors or assigns, over and above the lease payments to be applied to the default of the said Lessor. "If the Lessor proves title at any time prior to June 30, 1962, then the Lessee shall pay to the Lessor the pay- ments due pursuant to this ]e ase.'1 Council Minutes 6-17-59 Page 5 "The remaining portion of Paragraph IV of the, lease shall remain the same except as hereina.fte.r further referred to and modified." 2. The Ci.-.`.;,• waives the toilet construction or payment in lieu tt-iereof. provided in Paragraph IV of the lease. 3. The City waives the requirement for Westview Development Corporation 'to provide specifications for housing the pumps and engines abutting the lake in the center of the golf course. , The Ci.`t;: agrees to landscape and enclose all pumps and engin-n in a manner deemed r:ost desirable to the City, with a-� • -- . al hy Devel opnent Corpora. tion, which approves, -t-ail not be urreasonabiy withheld. 4. The Westview Development: Corpo.rati.oni shall agree to a second water well site. Thr• 1ocati.nn of thc, well site shall be subject to approval by Westview Development Corporation, and the City shall landscape a,a1d enclose s:t in a manner deemed most desirable to the City and approved by Westview Development Corporation. 5. The City agrees that all utilities installed on the lease(} .premises shall be underground, and all lands of:.Westview Development Corporation in Section. 29, T4S, , R5E, SRO., which are being subdivided, shall have underground utiliti,� installed by Lessor. 6. That portion of Paragraph IV of the lease providing that Westview Development Corporation shall grade the five acre parking site shal_1 be waived. 7. That portion of Paragraph IV of the lease providing for seeding the golf driving range shall be 'waived; 8. The metes and bounds description of the service area, automobile parking areas, starter's area,' clubhouse area and driving range, together with the two parcels in the wash, all as depicted on the enclosed plat, -shall be provided by the City and at the cost .of the City for a new survey of these areas. 9. That portion of Paragraph IV providing 'Westview Develop- ment Corporation shall run domestic water lines to the clubhouse site and hook same to the present metal shed shall be waived. 10, That portion, of Paragraph IV. requiring. Westview Develop - meet Corporation to provide a practice putting green shall be waived. 11. That portion of Paragraph IV requiring Westview Develop- ment Corporation to locate five drinking fountains and to provide water lines and installation of the fountains with* in two years shall be waived. 12. The City shall pave to a width of 30 feet "Golf Club Drive," from the intersection with Highway Ill to the demarked area for off-street parking. Specifications for the pave- ment shall be as determined by the Director of Public Works wines the approval of the City Council. w "t,t t he -=cil Minutes ;.17.59 P age 6 It shall be the responsibility of Westview Development Corporation to pave an additional thirty-foot strip at the time of subdivision, paralleling the thirty-foot strip of pavement to be provided by the City. The City and Westview Development Corporation shall mutually agree as to a center strip between the respective pavements together with landscaping therein. GOLF COURSE LEASE AMENDMENT BE IT FURTHER RESOLVED that if the above set forth terms, and all of them without exceptions, are acceptable to Westview Development' Corporation, then the said Westview Development Corporation shall so indicate on this resolution by execution of same. c� Mr. Joel Stone, representing Gulf Course Committee, answering inquiry by City Attorney, stated fE reso ut oa9 as read, is in substanti4l conformity with Committees recommendations and, for benefit of those present in audience, elaborated on contents of said resolution. Mr. Maxwell ,(ScottX) Rubin, President of Westview Development Gorporation,in response o inquiry by City Attorney, stated that he has examined the resolution and is agreeable to stipula Lions L i I i t L contained therein. Whereupon, the resolutions as hereiaabove set forth in full, upon that motion by Beebe, seconded by McKinney, was adopted as No. 5508, by following vote: AYES: Councilmen McKinney, Wolf9 Wood, Beebe and Mayor for Bogert NOES: Councilman Carlin ABSENT: Councilman Hardy MINUTES OF AN ADJOUIZNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held Thursday I E 4r'b.' ;_ 8:00 o clock p.m. February 26, 1959 .man, or on i r, City COl:ncil of the City of Palm Springs held a meeting in the Council Chambers De , "'icCallum Way, in said City on Thursday, February 26, 1959, at 8:00 o�clock p.m.' ;r. ,ant to adjournment of meeting of February 25, 1959. only ;.eeting was called to order by Mayor Bogert, who presided. CALL: Present: Councilmen McKinney, Wolf, Wood, Carlin, Hardy, Beebe f-fi'r,e_ . and Mayor Bogert cis€ t:: Absent° None u1.<;r. Also Present: Acting City Manager and Director of Finance Langford, I City Attorney Bunker, Acting Director of Public Works Moore 11•„", Director of Parks and Recreation Ha11, Consultant McCarn r and City Clerk Ringifald 7 a - eer•.ent, and Stated thatl . CL `y :ttor ley i stri uted if, in the �e.n ".gar�ies in ionsidered nterest, the document is acceptable in formpresented,otheion :i.ng resolution of approval should be adopted: A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING OF A FOYX OF LEASE PREPARED BY THE CITY ATTORNEY FOR THE LEASING BY THE na CITY' FROii WESTVIE611 DEVELOPM&WT CORPORATION OF A GOLF COURSE SITE heretofore the City Council and Administration have negotiated thl;restviei, Development Corporation for a lease for a 148-acre tract land in Section 29, T4S, RSE, SBB&M., for the purpose of operating —"ci pal golf course; and 'LAS, the City Attorney has prepared a lease agreement for a period :sixteen (16) years with an option to renew for an additional period t`enty-five (25) years together with options to purchase- and the co, : -rn of lease together with -3..rs w=o does approve the form. of lease anCuncild exhibits, i ;(i;PusIURE BE IT RESOLVED that the Cit does City of palm hereby authorize and direct heoActing ityeManager, Shel '';ford, to execute the lease prepared re ared b the Cit Selby Lease of a 148-acre tract of land in Section 29 y Attorney t 1e lUestview Development Corporation, , T4S, RSE, SBB&M. , +IIRTIIER RESOLVED that the lease approved consists of fifteen 15 the covenants and conditions being desirable therein, together tXhi.bits A through FI. 'tFSOLVED that the Lessor has one week from the date of this ':on to execute same by its president and secretary, or this `�a1-1 be of no effect. Council Minutes 2-26-59 Page 2 Upon motion by Beebe, seconded by Wolf,. the resolution - as No. 5381 - as herein: set forth, was adopted by '"ollowing vote: AYES: Councilmen McKinney, Wolf, Wood, Carlin, Beebe and Hardy NOES: None NOT VOTING: Mayor Bogert F,3.:)-(P ABSENT: None Change in wording of Lease agreement: Here Mr. Allan Rubin of Westview Development Corp. requested that the wording as 'Ine - firstparagrapho r e c ange to read f0 ---- rental payments July 1, 1960 and July 1, 1961." (Instead of "rental payment's MADE --- Upon motion by Wood, seconded by Carlin, Minute Order No. 434, authorizing and;. - the requested substitution of the word "payable" for the word "made" in Article of. the Lease Agreement with Westview Development Corp., approved by Res. No. 51. " as hereinabove recorded; said substitution to be initialed by duly authorized n- presentatives of the City and of said Corporation, was adopt by record vote;r.° dissenting vote. There being no further business, upon motion by Beebe, seconded by Wolf and un cai&i-ied, the meeting adjourned. �yv� � °.� • u� CSC., MARY/ RING �TALD ,� City Clerk r� SAG, z Th Ch 8: 19 Th RO Th ad e-1-111. n .<.cipal Golf Course Q Lease Agreement with Westview Development Corporation "'E r t inu cs` an prior a o o-wing is ri u ion tC. raft No. 411 of proposed Y i Y orney under advisement for studysand Maction inuacsubseque4itconsensumeeting. to be �- r a-- S1 BUSINESS DANCES ART. 246- ARTICLE 246 RULES, REGULATIONS 2461. POWER TO MAKE RULES, REGULATIONS. The Council may make rules and regulations governing dancing clubs, public dances, or public dance halls within this City which shall govern and apply to all permittees under this Chapter. (40:6) 2462. CUSTODY OF RULES. Such rules shall be filed with the City Clerk and shall be available for inspection by the public. (40.6) ARTICLE 247 POLICING 2471. SPECIAL POLICE OFFICERS: APPLICATION BY MANAGEMENT. Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the City Manager for the appointment of a special police officer or officers of the City of Palm Springs to be present and in attendance at such dancing club, public dance or public dance hall during all times that dancing is conduct- ed, carried on or allowed therein, for the purpose of preserv- ing order and preventing any violation of any law of the State of California, or any ordinance of the City of Palm Springs, or any rule prescribed under Article 246. (354:1) 2472. POLICING REQUIRED BY CITY. The City Council or the City Manager may require the presence and attendance of such special police officer or officers as a condition to the exercise of any permit as hereinabove set forth. (35421) 2473. COST OF POLICING. The expense of any such special officer or officers so appointed for such attendance shall be paid by such person so conducting, managing, or carrying on any dancing club, public dance, or public dance hall in accordance with such schedule of fees for such services as may be found to be reasonable and established by the Chief of Police. (354:1) 2474. PAYMENT TO CITY CLERK. The expense of such special officer shall be paid to the City Clerk each week in advance for all dancing to be conducted, carried on or allowed during that time, in accordance with a written statement made at the time of such payment to the City Clerk. (40:7 71:10) 2475. PAYMENT TO OFFICERS. The City Clerk shall in turn pay said money to the special officers as earned by them. (4007. 71:1:D) 612-57 2 ,.notes oed'3' Page 3 AJ.M. Gardiner for u e sec Earle C. Str6be Theatres,- is age-eeable to 01 ,.`: g ti`�ior rs sea a but objects o char ' of. 20¢ a seat f5r those seam in ex:.Lss of -100; -Sm Bests $200 f first 100 seats f, -, plr I - 10¢. a seat in excess of a Dd�d Hand proac �: 'Paidnt�' R ailer. Parr: Tn .;. aead zee s g3xe �r a e� % ratos•a a�x fo' ` ng n ed" s•aiIor parks: Ile Desert.fi'iler Village Palm Springs Trailer Village • ' Hori ton . ler Villagt Prairie noraner Trailer Lodge • HOKintey? s alm Canyon Curt Ramon 1r4l ler Park - 3 Orchard Tra er Villa Rancho Irailer Park Palm Springs 'railer Corral Salaam ark Smoke Tree Tr ter Park Protesting rate of in-�'aser. Vai-eh in some r ases vmuld amount to1i�1 to 400 pereent; -md sty Besting that �a scaYe Of fees -similar to that Proposed for hotel aparimmts. vent be more equitable. Matthew Dragecizv.chp. sping as indi deal to a4S'`p "reiterated , rer� ted . v r'3 . e�xpre sse y a ier par �iera ors �. as eiV inabarte racited. ral :'allo rira9 expres ed ap r i �.tiat $� -di.fnti.al be-bweaa Grad. alga X I 2 .nyo.^, ��C 0 bask min smt .ems boor- se =ream �t� 0 x ITallace NeVits, X,.D., Samuel Sali:sagerq11-D. Dwain Clark. attorney ---' james. Hallowell..p att6rffi WILIIiam .Elliott¢":�l.13. r s �,..T. 9 H6. Ai t'ntrr endersbo us� .0 iia7aZ th 60 SoLq$h ]Cnd`ia�s..;��a�ne�a� li��es produce 1 0 ®+ y4t1tJ is CIA•9.48d 23� iG fyry, ron k'i�dppHilZrotradAy��:;F'redQs �'ca wy�rvli¢9�.�y'39p5 T'al� 13r� 'ix11Jd F �Pn�ty�-�n°$�i pCyay a��% ii r �.�a ci on s sa V a�tr 'i� V r�� ovever zt�t�i� ratl e� og increase a ieable to arAtga6t s amoi'uting but t6 42 m--arcsnt P only be Hovriag ingaired as o 0ttr001--ed inequities re tiVe to their ptr`ticul.ar` Fznesses: 033 33 idm G er Q• 14anager s G-cdi t Rareatt of Palm ings o u z,?; and achella. galley r hor Ridleyp pool maintatani ao and sale of equi t FAY zin..,pt &'voh Shoes ato ,';:P. i nrx i rtiaer aF,pearanceso .11ayor otmcad that hearitg r 1i �' tined o a l.atvr date. �= t{Fd2Tic i1' G-Olf COuMe. Purcha": Mayor a=ouhced that Ca'=Cil is ring � off.*u2ng gBE;,_o main ' '7 .t '1est VieW DeVeloliftent Corporatiash for ; zrchaga Of an Unsubdividzd portion of Secti.bn 29� NSI, RSN9. SBD8�I.� Palm S1,zings G€ 1 Ceara Tract fob• use as a mtmici l �� pa gulf course ailed 1� apot Council Council : i.iutes 4-59 - 2-4-59 Fa9p 4 1. , T Councilman Beebe, who presented detailed re,�ume of endeavors over past C _c ree years owa'rd aquisition of a municipal golf" dourose s%to apd' out- G lined terrqs and.conditions of this contemplated program, b; 2yor read telegrams endo i ng pro��ps d pz"Q ie , from W d Jack Gorham, Fstxel:la, Villa, is Pat O'Dea, Manager, Don the Beachcomber Restgrapt; nd fur' and after �nvi-ting inquiries from agdience regarding any phases of the '.,c cons P.Cogram, called upon : idicat City Attorney, who read resolution declaring it to be the intention of the iiie res pito enter into a lease -option, agreement for lease and 'option ;}ti McKi: to purchasp the Palm Springs Golf CQgr,se, under the following express con- ditiigilse ;'acre b ood an l.. T1je City Council , of said City shall appoint a Golf Course".Comm ttoe. to investigate into the nature and development of the 'golf coq'rae to date, and to make recommendations to be adopted 'and incorp'i^aced irj a .ease -option agreement. 2. Nestview Development Corporation shall complete the remaining Seven hales In the same workmanlike fashion and extent as the first Pleven hciles which have been developed, and in.accordance with YlestvjQw Development Corporations plans previously displayed before t�, City Council. 3. The site leased shall be a complete ready -to -play golf course �o- ;ether with the following: a) A five (5) acre site for off-street parking installed and finished in accordance with the recommendations of the Golf Course Committee, b) A golf driving range. c) A one (1) acre site for a clubhouse. 4. Westview Development Corporation shall supply a detailed inventory of golf course equipment of a value not less than!' Fifteen.`Th6u,and Dollars ($15,000), which the Golf Course Committee`shall !'check, inventory against equipment., and recommend a,� to't�d completeness thereof. 5. The Golf Course Committee shall recommend what roads leading to the golf course site are to be dedicated to public use. 6. it is contemplated that there shall be a lease rental. of $62,500.Q0 per ye4r.. There shall be an option to purchase during the lease, 4-th a total purchase price of principal and interest not to exceed $1,040,000.00. These financial prov�:si.ons together with ,the potlQd of lease and the period of option and fhe application o principal anc] inhere sit to . the option price are to be worked . out,,,by,.the..GOlf �. Course Committee and to the satisfaction of the City Council.,.` 7. Westview Development Corporations shall provide an engineering report showing the water well on the golf' course site will produce at least o;ae million gallons of water per day under normal pumping oper4tign. A ,.;ncil Minutes ,.59 Page 5. The City shall have .the right to tie on the Palm Springs Water Company domestic water wells at such point as is ascertained by the Golf Course Committee, and shall pay for any domestic water used by the City. Wsstview Development Corporation shall supply a metes and bounds description of the lands to be leased, and a policy of title insurance; -ifurther declaring that this statement of policy and intention shall not -construed as an offer or other preliminary negotiation, but is solely an :iication to seller of Council's position in the matter. he resolution - as No. -536D B,was adopted upon motion by Beebe, seconded lIcKinney, by record vote; no dissenting vote. n- 0 rebeing no further business, upon motion by McKinney, seconded by A and unanimously carried, the meeting adjourned. ., MARY RI NGWALD City Clerk