HomeMy WebLinkAbout20899 - RESOLUTIONS - 4/7/2004 RESOLUTION NO. 20899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING AND AUTHORIZING THE
EXECUTION OF A SETTLEMENT AGREEMENT AND A FIRST
AMENDMENT TO BUSINESS LEASE 315 . A04870 , A02738
WHEREAS, on February 28, 1984, the "Original Lessors" identified on Exhibit A hereto
and by this reference incorporated herein ("Original Lessors") and SENCA Palm Springs, Inc., a
California corporation ("SENCA") entered into that certain Business Lease 315 (the "Lease")
wherein the Original Lessors leased to SENCA the lands and improvements described therein,
such lands being a part of the Agua Caliente (Palm Springs) Reservation situated in Riverside
County, California (the "Master Leasehold Estate"); and
WHEREAS, on December 31, 1984, SENCA subleased a portion of the Master
Leasehold Estate (the "Wyndham Property") to the Community Redevelopment Agency of the
City of Palm Springs pursuant to the Wyndham Hotel Sublease (the "Wyndham Hotel
Sublease"); and
WHEREAS, on December 31, 1984, SENCA subleased another portion of the Master
Leasehold Estate ("Convention Center Property") to the City of Palm Springs Public Facilities
Corporation pursuant to the Convention Center Sublease (the "Convention Center Sublease");
and
WHEREAS, pursuant to an Agreement of Assignment, dated September 29, 1989, the
City of Palm Springs (the "City") assumed all of the obligations of SENCA under the Original
Lease, the Wyndham Hotel Sublease and the Convention Center Sublease; and
WHEREAS, the individuals identified as "Current Lessors" on Exhibit A hereto and by
this reference incorporated herein are the current owners of the fee interest in the land
underlying the Master Leasehold Estate (the "Current Lessors" are referred to herein as the
"Lessors"); and
WHEREAS, a dispute (the "Dispute") has arisen between the Lessors and the City
wherein Lessors claim that City violated certain terms and provisions of the Lease (as more
specifically described in the hereinafter defined "Settlement Agreement"); and
WHEREAS, City and Lessors desire to settle such Dispute by entering into the
Settlement Agreement and Release, dated April 7, 2004 (the "Settlement Agreement"), by and
among the City, the majority of Lessors pursuant to the terms of the Lease and the Bureau of
Indian Affairs, which is an authorized representative of the Secretary of the Interior (hereinafter
"Secretary"); and
WHEREAS, the form of Settlement Agreement as on file in the Office of the City Clerk
and by this reference incorporated herein; and
WHEREAS, pursuant to Article 42 of the Lease, the action of those Lessors holding the
majority of interest in the ownership of the Master Leasehold Estate shall constitute the action of
all the Lessors for the purposes of the Lease; and
10031024/30743 01
Resolution No. 20899
Page 2
WHEREAS, pursuant to Article 41 of the Lease, any amendments to the terms of the
Lease, shall not be valid or binding upon the parties thereto until approved by the Secretary;
and
WHEREAS, pursuant to the terms of the Settlement Agreement, City and a majority of
Lessors, with the approval of the Secretary will enter into a First Amendment to Lease (the "First
Amendment") to clarify and modify certain provisions of the Lease in accordance with the
Settlement Agreement; and
WHEREAS, Lessors holding a majority in interest of the Master Leasehold Estate and
the Secretary have received, reviewed and signed the Settlement Agreement and the First
Amendment; and
WHEREAS, the City desires to enter into the Settlement Agreement and First
Amendment to settle the Dispute.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Springs
that:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Settlement Agreement is hereby approved and the City Manager
is hereby authorized and directed to execute, acknowledge and deliver the same, in the name
and on behalf of City; subject to final language approved by the City Attorney.
SECTION 3. The First Amendment is hereby approved and the City Manager is
hereby authorized and directed to execute, acknowledge and deliver the same, in the name and
on behalf of City; subject to final language approved by the City Attorney.
SECTION 4. The City Manager or any other appropriate officers of City are further
authorized and directed to take such actions as is necessary and appropriate to effectuate the
terms of the Settlement Agreement and the First Amendment.
SECTION 5. This resolution shall take effect and be enforceable immediately upon
its adoption.
ADOPTED THIS 7" day of April, 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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REVIEWED AND APPROVED AS TO FORM
Resolution No. 20899
Page 3
EXH1131T A
Original Leonard Charles Bow Ray Leonard Patencin
Lessors: Joseph Patrick Patencio Ruth Elaine Patencio
Beverly Patencio Diaz Thoinas 1. Siva
Corinne Welmas Siva Priscilla Patencio Gonzales
Clarice Bow Mathews Nancy Marie Bow Soza
James Steve Sauble Germaine Pico Arenas
Christine Shores Luker Marcus Joseph Pete, HI
Virginia Ann Milanovich Winifred Patencio Preckwinkle
Richard Michael Milanovich
Current Leonard Charles Bow J. Patrick Patencio
Lessors: Patricia Schoolcraft-Patencio Priscilla Gonzales
Beverly Patencio Diaz Nancy Marie Bow Soza
Corinne WeIrrias Siva Winifred Patencio Preckwinkle
Christine Shores Luker Clarice Bow Dailey
Virginia Ann Milanovich Dana Prieto
Richard Michael Milanovich Marcus Pete III
Ray Leonard Patencin James Saubel Estate