HomeMy WebLinkAbout10/18/2006 - STAFF REPORTS - 1.E. I
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Community_Redevelopment Agency/City Council
Staff Report
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DATE: OCTOBER 18, 2006 JOINT PUBLIC HEARING
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SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA
HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT
AREA #2
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
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SUMMARY:
An amendment to the 1994 Disposition and Development Agreement with the Agua
Caliente band of Cahuilla Indians to clarify parcel designations, terms, and city revenue.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AMENDMENT NO. 3 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS ON PROPOERTIES IN PROXIMITY TO THE SPA HOTEL
AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT AREA #2"
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE
COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3
TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY
TO THE SPA HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED
PROJECT AREA#2"
Item No. 1 . C .
3. AUTHORIZE THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTE
ALL DOCUMENTS RELATED TO THE AGREEMENT
STAFF ANALYSIS:
The Agency and the Agua Caliente Band of Cahuilla Indians entered a Disposition and
Development Agreement in 1994 to help facilitate the development of a downtown
gaming facility. The original DDA defined certain properties within a radius of the
proposed facility as those the Tribe would acquire and those that the Agency could and
would assist the Tribe in acquiring. Amendment No. 1 to the DDA in 1996 re-
designated two parcels as both "Developer Acquired Parcels" and "Second Acquired
Parcels." An amendment in 2001 again changed property designations on two
properties, the Walter Parcel and the Segundo Parcel, that now comprise the east half
of the Casino site. This amendment provides further clarification of the parcel
designations, removes definitions no longer relevant to the project, and amends the
schedule of payments made by the Tribe to the City of Palm Springs. Other terms of
the Amended DDA remain unchanged.
FISCAL IMPACT: IFinance Director Review:
The DDA amendment provides for $2,250,000 in revenue over the course of the
agreement. This amount is in addition to other revenues provided by the Agua Caliente
Band of Cahuilla Indians through the State Special Distribution Gaming Fund and Tribal
Resolution Number 26-03.
JOFWS. RA OND THOMAS J. WIL ON
ector of Muni & Assistant City anager-
Economic Development Development Services
DAVID H. READY
Executive Director
Attachments:
1. CRA Resolution
2. City Council Resolution
3. Amendment No. 3 to the Disposition and Development Agreement
4. Public Hearing Notice
RESOLUTION NO.
"A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 3 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS ON
PROPERTIES IN PROXIMITY TO THE SPA HOTEL
AND SPA RESORT CASINO, SECTION 14,
MERGED PROJECT AREA #2"
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs,
California ("Agency") is constituted under the Community Redevelopment Law
(California Health and Safety Code Section 33000 et. sec.) to carry out the purpose as
the redevelopment in the City of Palm Springs ("the City"); and
WHEREAS, the Agency and Developer entered into that certain Disposition and
Development Agreement, which was approved by the Agency Board pursuant to
Resolution No. 952 on September 7, 1994 (the "Original DDA") with respect to the
acquisition and development of certain real property located in the City of Palm Springs
and more particularly described in the Original DDA; and
WHEREAS, the Original DDA was amended by Amendment No. 1 dated August 7,
1996 (First Amendment") and Amendment No. 2 dated January 8, 2002, (Second
Amendment); and
WHEREAS, the Original DDA as amended is referred to herein as the DDA.
Capitalized terms used and not defined in this Third Amendment shall have the
meanings ascribed as such terms in the DDA; and
WHEREAS, the Agency and Developer now desire to enter into this Third Amendment
to the DDA for purposes of facilitating the clarification of property designations and
adjusting the formula under which the Tribe makes Mitigation Fee payments to the City;
and
'WHEREAS, the Agency has considered the staff report, and all the information,
testimony and evidence provided at its regularly scheduled meeting of October 18,
2006.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated
herein.
SECTION 2. Pursuant to the California Environmental Quality Act
(CEQA), the Community Redevelopment Agency finds as
follows:
a) In connection with the approval of the DDA, the
project is Categorically Exempt because there
are no changes in the effects of the proposed
project or the circumstances in which it is being
implemented which require any modification of
the Categorical Exemption.
2) The Agency finds that the Planning
Commission adequately discussed the
potential significant environmental effects of
the Casino project (land use, traffic/circulation,
parking, air quality, noise, aesthetics,
geology/soils, water quality, drainage, public
utilities, public safety, archaeological/historic
resources and light and glare), approved in
December 2002, The Community
Redevelopment Agency further finds that the
Categorical Exemption reflects its independent
judgment.
SECTION 3. The proposed project is consistent with the Implementation
Plan for this area, insofar as this project will beautify the
downtown and decrease blight. It will also add another
tourist attraction in a commercial area heavily dependent on
tourism.
SECTION 4. Based on foregoing reasons, this Third Amendment to the
Disposition and Development Agreement is hereby
approved and incorporated herein by this reference.
SECTION 5. The Executive Director is authorized to execute all
necessary documents, in a form approved by the Agency
Counsel.
Community Redevelopment Agency
October 18,2006
Page 5
ADOPTED THIS 18th day of October, 2006.
David H. Ready, Executive Director
ATTEST:
James Thompson, Assistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Community Redevelopment Agency
October 18,2006
Page 6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
CONCURRING WITH THE COMMUNITY
REDEVELOPMENT AGENCY REGARDING
AMENDMENT NO. 3 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS ON
PROPERTIES IN PROXIMITY TO THE SPA
HOTEL AND SPA RESORT CASINO, SECTION
14, MERGED PROJECT AREA #2
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
that it concurs with the action by the Community Redevelopment Agency of the City of
Palm Springs, approving that Amendment No. 3 to a Disposition and Development
Agreement with the Agua Caliente Band of Cahuilla Indians on properties in proximity
to the Spa Hotel and Spa Resort Casino, Section 14, Merged Project Area #2.
ADOPTED THIS 18th day of October, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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Community Redevelopment Agency
October 18,2006
Page 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
AMENDMENT NO. 3 TO DISPOSITION
AND DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 3 TO DISPOSITION AND DEVELOPMENT
AGREEMENT ("Amendment') is made and entered into as of the "Effective Date"
(as hereinafter defined), by and between THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS ("Agency"), and THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS ("Developer")
RECITALS
A. Agency, Developer and the Transfer Corporation previously
entered into a Disposition and Development Agreement with an Effective Date of
October 24, 1994 (the "Agreement"). All terms defined in the Agreement shall
have the same meaning when used in this Amendment unless otherwise
specifically provided.
B. Agency, Developer and the Transfer Corporation previously
entered into an amendment to the original Agreement on August 8, 1996
(Amendment No. 1). Agency, Developer and the Transfer Corporation entered
into a subsequent Amendment on January 8, 2002, (Amendment No. 2). All
terms defined in the Agreement shall have the same meaning as provided in the
original Agreement as modified by Amendment No. 1 and Amendment No. 2
when used in this Amendment unless otherwise specifically provided.
C. Amendment No. 1 provided that Caesars had withdrawn from the
Project in a mutual and amicable agreement with Developer. The Agency was
no longer required to contribute any property or the proceeds of any sale to the
Project. Amendment No. 1 also withdrew the involvement of the Prairie
Schooner Parcel from the Agreement-
D. Amendment No. 2 provided that both the Walter and Segundo
Parcels, as defined by the original Agreement, are to be omitted from the
"Developer-Acquired Parcels" category as to facilitate the completion of Phase II
of the Casino project. In facilitating the Project, the Agency proposed to acquire
the Walter Parcel through eminent domain. Similarly, the Agency also proposed
to acquire the leasehold interest in the Segundo parcel pursuant to Section 4.5 of
the original Agreement as modified by Section 5.2 of the Amendment No.1.
NOW THEREFORE, the parties hereto agree as follows:
1. Nature and Summary of Modifications. The Agreement shall be deemed
modified and amended as provided in this Amendment. The following is a.
summary of the changes to the Project and modifications to the Agreement:
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(a) Developer is paying fair market value for all of the Parcels and the
Agency is no longer contributing to the Acquisition Fund
(b) The Project Area Boundary has been revised as shown in Exhibit
'A' attached hereto
(c) The original Schedule of Performance attached to the Agreement is
hereby deleted and replaced with the Schedule of Performance
attached hereto as Attachment No. 1:
Wherever a specific provision of the Agreement is modified or amended
by a provision of this Amendment, the referenced provision of the Agreement
shall be deemed superseded by the provision of this Agreement. In addition, in
the event that a general change or modification is provided in this Amendment, or
an agreement of the parties set forth in this Amendment is contrary or different
than a provision of the Agreement, whether or not the provision in the Agreement
is specifically referenced in this Amendment, the provisions of this Amendment
shall control and supersede the provisions of the Agreement in order to give
affect to the intent of the parties as described in this Amendment.
2. Description of Pro'ect/Sco a of Development. The Scope of
Development provided in the original Agreement as Attachment No. 3 is hereby
deleted and replaced with the Scope of Development attached to this
Amendment as Attachment No. 2. Wherever the term "Scope of Development" is
utilized in the Agreement or in this Amendment, it shall be deemed to refer to the
Scope of Development attached hereto as Attachment No. 2. Section 1.2 of the
Agreement which summarizes the Project is hereby revised to be consistent with
the description of the Project contained in the new Scope of Development and in
Section 3.10 below.
3. Changes and Additions to Defined Terms. The terms set forth below
which are contained in the original Agreement are hereby modified to have the
meanings hereafter provided, and certain terms are hereby added as defined
terms for the purposes of this Amendment. The following terms shall have the
meanings hereinafter provided:
3.1 Caesars. Caesars has withdrawn from the Project in a mutual and
amicable agreement with Developer. The term "Caesars" is hereby
deleted from the Agreement and any references in the Agreement
regarding the obligations of any party thereto with respect to Caesars, are
hereby eliminated.
3.2 Casino Contracts. The term "Casino Contracts" is hereby modified
to mean construction, finance and/or development agreements necessary
for the construction, and development of the Project and the operation of
the gaming facilities thereon.
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3.3 Developer. The term "Developer" shall refer to the Developer
and/or any other party to whom the Developer conveys an interest in all or
any portion of the Site.
3.4 Developer-Acquired Parcels. The term "Developer-Acquired
Parcels" shall be revised to collectively refer to those parcels within the
Project Area Boundary not already owned by the developer (Exhibit "A").
3.5 First-Acquired Parcels. The term "First-Acquired Parcels" shall be
revised to refer only to the Fire Station Parcel.
3.6 Net Sale Proceeds. The term "Net Sale Proceeds" is hereby
deleted from the Agreement.
3.7 Phase 1. The term "Phase I" shall be revised to refer to the initial
construction of the improvements for Phase I described in Section 3.10
below on the Walter Parcel, the Fire Station Parcel, the Segundo Parcel,
the Vacated Streets-Phase 1, the Hirsch Parcel and/or the Browne Parcel,
completed on November 17, 2003.
3.8 Prairie Schooner Parcel. The term "Prairie Schooner Parcel" is
deleted from the Agreement. The Prairie Schooner Parcel has been
withdrawn from involvement in the Project, and no portion of the Prairie
Schooner Parcel will be transferred to the Developer for use in exchange
for the Walter Parcel and Segundo Parcel.
3.9 Project. The term "Project" shall mean a gaming casino and
related facilities constructed by the Developer on the Site consisting of an
approximately square foot facility with gaming, bingo, simulcast
wagering on horse races, restaurant, showroom, retail and office facilities
together with parking in a range of to _ spaces, to meet the
needs of the new Phase 11 casino, hotel and related improvements and to
replace the parking spaces serving the existing Spa Hotel & Casino and
the Post Office which are lost by reason of the Project, as more
particularly shown on the Site Plan and described in the Scope of
Development and Conceptual Plans.
3.10. Schedule of Performance. The term "Schedule of Performance"
shall be revised to mean the Schedule of Performance attached hereto as
Attachment No. 1. Agency's Executive Director is authorized to extend
the time for performance of any item in the Schedule of Performance up to
a cumulative total of 360 days.
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50918)1
3.11. Scope of Development The term "Scope of development" is
revised to mean the description of the Project attached hereto as
Attachment No. 2.
3.12 Second-Acquired Parcels. The term "Second-Acquired Parcels"
shall be revised to refer to as Riverside County Assessor Parcel Numbers:
508-031-014
508-031-015
508-031-019
508-031-020
508-031-021
508-041-001
508-041-002
508-041 003
508-041-007
508-041-011
As shown on Exhibit "A"
3.13 Site. The term "Site" includes the Fire Station Parcel, the
Vacated Streets-Phase I and 11, the Hirsch Parcel, the Post Office Parcel,
the Browne Parcel, the Walter Parcel, the Segundo Parcel and the
Second Acquired parcels, as shown in Exhibit "A".
3.14 Site Plan. The term "Site Plan" shall mean the Site Plan attached
hereto as Attachment No. 4.
3.15 Spa Hotel Parcel. The term "Spa Hotel Parcel" shall mean the
parcel of land improved with the Spa Hotel and related improvements.
The Spa Hotel parcel is not part of this Amendment.
3.16 Transfer Corporation. The term "Transfer Corporation" is hereby
deleted from the Agreement.
3.17 Vacated Streets — Phase I. The term "Vacated Streets-Phase I"
shall refer to that portion of Andreas Road shown cross-hatched on
Attachment No. 3A attached hereto and incorporated herein.
3.18 Vacated Streets — Phase 11. The term 'Vacated streets-Phase 11"
shall refer to those portions of Andreas Road and Calle Encilia shown
cross-hatched on Attachment No. 313, attached hereto and incorporated
herein.
4. Fire Station and Prairie Schooner Parcels.
4.1 Prairie Schooner Parcel, Section 4.1 of the Agreement is revised
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to eliminate the Prairie Schooner Parcel from the Property to be sold or
transferred to the Developer under this Agreement, as amended.
Section 8.1 of the Agreement is hereby deleted and any reference to
the Prairie Schooner Parcel in Sections 2.10, 4.2, 4.4, 4.7, 5.1, 5.2
Article 6, 7.7 and any other provision of the Agreement, is hereby
eliminated.
4.2. Lease of Fire Station Parcel. Section 4.1 of the Agreement is
hereby deleted.
5. Acquisition of Parcels-
5-1- Developer's Acquisitions of Second-Acquire Parcels. Sections
4.2, 4.3 and 4.4 of the Agreement are hereby deleted in their entirety.
Developer may pursue negotiations with the owners of the Second-
Acquired Parcels for the acquisition of the Second-Acquired Parcels
upon terms and conditions satisfactory to Developer. Agency will not
attempt to negotiate for the purchase of the Second-Acquired Parcels
except as provided in Section 4.5 of the Agreement, as amended
hereby.
5.2A enc 's Acquisition of Second-Acquired Parcels. Section 4,5 is
hereby modified to provide that if, after and despite Developer's
exercise of reasonable diligence to do so, Developer is unable to
acquire one or more of the Second-Acquired Parcels, at Developer's
request Agency may, in its sole discretion, consider the adoption of a
resolution of necessity to acquire one or more of the Second-Acquired
Parcels by exercise of its power of eminent domain; subject to the
provisions contained in 4.5 of the Agreement. Agency's actions with
respect to considering condemnation actions with respect to
exercising its power of eminent domain set forth in Section 4.5 of the
Agreement shall be applicable to all of the Second-Acquired Parcels,
as such term has been modified herein. In connection with Agency's
condemnation actions, Agency may make a pre condemnation offer to
acquire the Second-Acquired Parcels at their appraised value and
pursuant to the requirements of California condemnation law. Any
such offer shall be delivered to Developer prior to its delivery to the
condemnee and shall only be delivered to the condemnee after
approval by Developer. Notwithstanding the provisions of Section 4.5
of the Agreement, Agency shall not commence condemnation actions
with respect to any Second-Acquired Parcel until Developer has
satisfied or waived all of its conditions contained in the Agreement and
this Amendment to its acquisition of the Parcel in question other than
the condition for the delivery of title insurance. Nothing in this
Agreement shall prevent the City from acquiring any of the Second
Acquired parcels for a public purpose.
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509189 1
6. Acquisition of Parcels.
6.1Inability to Acquire Certain Parcels. Section 4.6(a) of the
Agreement is hereby deleted in its entirety and replaced with the
following:
"4.6(a)Agency shall have the right to accept and process
proposals submitted to Agency or the City by third parties for
development of all or any portion of the Site not then acquired by
the Developer or the Agency pursuant to this Agreement. Should
Agency receive any such application or inquiry, which Agency
intends to consider, Agency shall provide written notice to
Developer of the use proposed for any portion of the Site and the
Agency's intention to consider such application. Agency agrees at
Developer's request, submitted within ten (10) days of receipt of
any such notice, to meet with the Developer for a period of up to
thirty (30) days to determine if the timing for use of the Site then
considered for alternate development may be incorporated within
the Project within a time and manner acceptable to Agency in its
sole discretion. If so, the Agreement and/or Schedule of
Performance shall be revised to require Developer to comply with
the negotiated time for acquiring and developing such portion of the
Site. If not, the Agreement shall be amended to delete the portion
of the Site from the Agreement at such time as the City has granted
and approved an alternate use for that portion of the Site."
6.2 Acquisition Costs and Acquisition Fund. Section 4.7(a) of the
Agreement is modified to provide that "Acquisition Costs", as defined
therein shall include only those costs incurred or paid to third parties by
Agency, and not by Developer. Section 4,7(b) is hereby modified to
delete the provisions therefrom regarding the Agency contributing any
amount to the Acquisition Fund. Agency shall not contribute any
portion of the Acquisition Fund and Developer shall be required to
contribute the entirety of the Acquisition Fund in an amount necessary
to pay all Acquisition Costs. Additionally, the Developer shall pay all
acquisition costs and shall contribute all amounts necessary to cover
Acquisition Costs within ten (10) days after receipt of written notice
from Agency of the estimated Acquisition Costs to be incurred by
Agency. Since Agency will not contribute any funds to the Acquisition
Fund or for the payment of Acquisition Costs, Section 4.7(d) of the
Agreement is hereby deleted.
6.3. Developer's Acquisition of Second-Acquired Parcels. Section 4.8
of the Agreement is hereby deleted and replaced with the following:
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509189 1
"In the event Agency acquires the right to purchase
the Second- Acquired Parcels, or any of them, either
through negotiated purchase under threat or eminent
domain, or through the exercise of its power of eminent
domain, as provided in Sections 4.5 and 4.7 of the
Agreement, Agency shall convey such Second-Acquired
Parcels to Developer in consideration of Developer's
contribution of the Acquisition Costs. Such transfer shall
occur as soon as possible following Agency's acquisition of
such Second-Acquired Parcels. Developer shall be
responsible for the payment of all closing, escrow and other
costs associated with the transfer of the Second-Acquired
Parcels to Developer. The Agency's acquisition of the
Second-Acquired Parcels, if any, and Agency's transfer of
the Second-Acquired Parcels to Developer, shall be
performed pursuant to the provisions of Article VII of the
Agreement, provided, however, that Developer shall have no
conditions to closing the escrow for Developer's acquisition
and acceptance of the conveyance for the Second-
Acquired Parcels from Agency, except for the conditions set
forth in Sections 7.6(c) and (e) of the Agreement."
7_ Vacation of Streets. Section 9.6 of the Agreement is hereby deleted and
replaced with the following:
"Agency shall formally request the City to initiate
proceedings to vacate the Vacated Streets-Phase II within
the time specified in the Schedule of Performance.
Developer acknowledges that vacation of public streets by
the City is a discretionary legislative function subject to
adherence to legally mandated procedures including public
hearings, and thus any election to actually vacate the
Vacated Streets-Phase 11 by the City shall be in the City's
sole and absolute discretion. Nothing in this Section shall be
deemed to constitute commitment by Agency or City to
actually vacate the Vacated Streets-Phase IL"
8. Compensation to the City. The provisions of MOU concerning the
Mitigation Fee only shall be superseded by the provisions of this Section and the
provisions of the MOU concerning the Mitigation Fee shall hereafter be of no
further force or effect. The following provisions shall be added to Sections 10.1 of
the Agreement as a new paragraph therein:
"The `Mitigation Fee' previously defined in the MOU shall be payable to
the Agency pursuant to the provisions of this Section. The mitigation is
required in compensation of the added expenses to be incurred by the
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City to provide City services necessitated by the use of the Site for gaming
purposes. Agency may enter into a separate agreement with the City for
the transfer of the Mitigation Fee to the City, or for any other arrangement
determined by Agency and City to mitigate the foregoing impacts. The
provisions of this Section are for the direct benefit of the City, and City
shall be a third party beneficiary hereof, with the ability to enforce the
provisions of this Section. The Mitigation Fee shall be payable by
Developer to Agency commencing on the first anniversary of the
completion of Phase I of the Project and on each anniversary thereof (an
Anniversary Date") in the amounts set forth below.
Year Amount
Year 1 $100,000
Year 2 $200,000
Year 3 $225,000
Year 4 $250,000
Year 5 $275,000
Year 6-10 $300,000 per year
For purposes of determining the Anniversary Date, completion of Phase I
of the Project shall be deemed to have occurred upon opening of the
Casino for business which occurred on November 17, 2003.
After the tenth (1&) year following the completion of Phase I of the
project, City, Agency and Developer shall meet and negotiate in good faith
the amount of the annual Mitigation Fee payable to the Agency or City
subsequent to the tenth (10ffi) anniversary of the completion of Phase 1.
Upon agreement between the parties, the annual Mitigation Fee shall be
adjusted to the amount agreed upon between the parties. "
9. Agency's Right of Repurchase. Section 11.6 of the Agreement is hereby
deleted in its entirety.
10.Legal Fees on Legal Challenges. Developer shall continue to pay the cost
to defend the City, the Agency, and their respective officials and agents in all
litigation which relates to approvals issued or proposed to be issued by the City
or Agency prior to its execution of this Amendment in connection with the Project
("Pre-Amendment Actions"), including, without limitation, any challenges to the
Environmental Assessment. Developer shall pay up to an aggregate of $25,000
to defend the City, the Agency and their respective officials and agents in any
litigation hereafter filed which relates to an approval issued or proposed to be
issued by the City or Agency after execution of this Amendment in connection
with the Project ("Post-Amendment Actions"). In the event it appears that the
costs to defend any Post Amendment Actions will exceed $25,000.00,
Developer, Agency, and the City will meet and confer on whether one or more
g it `r 15
sav�x9i
interested parties is willing to continue to fund the defense of any Post-
Amendment Actions. If neither Developer nor Agency is willing to pay all costs to
defend any post Amendment Action in excess of $25,000 then the City and/or
Agency can elect to stop funding the defense of such action and stipulate to all or
any part of the prayer sought by plaintiffs in such action. The MOU is hereby
amended to the extent it is inconsistent with the foregoing.
11.No other Modification. Except as provided in this Amendment, the
provision of the Agreement shall remain unmodified and in full force and effect-
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i09189 I
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date and year first above written.
THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS
By:
Date:
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Douglas C. Holland, Esq.
Agency Counsel
THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS
By:
Chairman, Tribal Council
ATTEST:
Tribal Secretary
APPROVED AS TO FORM:
Art Bunce
Tribal Attorney
10
51)9189 1
CITY OF PALM SPRINGS
NOTICE OF JOINT PUBLIC HEARING
CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
NOTICE IS HEREBY GIVEN, that the Palm Springs City Council and Community
Redevelopment Agency will hold a Public Hearing in the City Council Chamber, City
Hall, 3200 Tahquitz Canyon Way, Palm Springs, California 92262, beginning at 6:00
p.m., Wednesday, October 18, 2006, to consider the following:
Third Amendment to a Disposition and Development Agreement
with the Agua Caliente Band of Cahuilla Indians regarding the status of
properties in proximity to the Spa Resort Casino and compensation to the City
The Community Redevelopment Agency of the City of Palm Springs ("Agency")
proposes to amend a Disposition and Development Agreement ("DAD") with the Agua
Caliente Band of Cahuilla Indians ("Developer"), To approve this Third Amendment, the
Community Redevelopment Agency is required to conduct a Joint Public Hearing to
receive public input on the matter.
The nature of the Third Amendment is that the Agency and Tribe agree to clean
up certain defined terms from the original 1994 Agreement, as amended, and
reprioritize the acquisition of certain parcels identified in the amended DAD. Both
parties also agree to amend the schedule of compensation to the City by the Tribe-
All interested persons are invited to attend the Public Hearing and express
opinions on the item listed above. If you challenge the nature of the proposed action in
court, you may be limited to raising only those issues you or someone else raised at the
Public Hearing described in this notice, or in written correspondence delivered to the
City Clerk, at or prior to the Public Hearing:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Members of the public may view this document and all referenced documents in
the Community Redevelopment Department, City Hall, and submit written comments to
the Community Redevelopment Agency at or prior to the Community Redevelopment
Agency Meeting at or prior to the public hearing described in this notice. For further
information please contact John Raymond at (760) 322-8321.
Further information, including a copy of the Third Amendment and Resolution,
prepared in accordance with Health and Safety Code Section 33433, is available-6 the
Office of the City Clerk- _
arnes Thompson, City Cte < _ -
/ ity of Palm Springs, Califomia
Posted September 29, 2006 v
Published October and 11, 2006q
PROOF OF PUBLICATION This is space for County Clerks Filing Stump
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
r the County aforesaid; I am over the age of eighteen
years,and not a party to or interested in the
above-entitled matter. I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, No. 3154
er
p p g CITY OF PALM SPRINGS
printed and published in the city of Palm Springs, NOTICE OF JOINT PUBLIC HEARING
County of Riverside,and which newspaper has been CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
adjudged a newspaper of general circulation by the I NOTICE IS HEREBY GIVEN, that the Palm
Superior Court of the County of Riverside,Slate of Springs City Council and Community
gRedevolop-
California under the date of"March 24, 1988.Case Count lgChamber,City Hall. 3200aTa cIulrieCaunn-
Number 191236;that the notice,of which the yen Wag; Palm Springs, California 92262. be In-
ning at 6 00 p.m., Wednesday, October 1a,2f7o6,
annexed i5 fl printed copy(set in type not smaller to consider tie fallowing:
than non pariel,has been published in each regular Third Amendment to a Disposition and
and entire issue of said an newspaper and not in Davelopine ionr rlt Agreen with the
Y Agua Callonts Band of Cahuilla Indians
supplement thereof on the following dates,to Wit: regarding the status of properties
In proximity to the Spa Resort Casino
and compensation to the City
October 4", 11",2006 The Community Redevelopment Agency of the
City of Palm Spprings ('Agency") proposes to
-"......--------------"•"`-------------""`"-- amend a OlSpositIon and Development Agreement
'DAD I with the Aqua Caliunte Band of Cahuilla
ndians ("Developer). To approve this Third
__,........ ____- _ Amendmenl, the Community Redevelop Kent
Agency is required to conduct a Joint Public
All in the year 2006 Hearing to receive public input en the matter,
The nature of the Third Amendment is that She
I certifyor declare under penalty of perjury that the Agency and Tribe agree to clean up certain de-
( 1 Y p J y tined terms from the onginal 1994 Agreement, as
nti
foregoing Is true and correct. amended, and reprleze the acquisition of cer-
tain portals Identified In mu amended DAD. Both
parlios also agree to amend the Schedule el com-
Dated at Palm Springs,California this—I I --day pansetlon to the City by the Tribe.
All- nteres-tad-yeesons-are.invimd:to attend-be
Public-ldoaring end express opinions oh'the Itern
-of ti^-•--O her--,.._=-s-_..__—__—_—_,2006 Ilstcd above. If you challenge thi, nature of the
t proposed action In court you may be limited to
- q - raising only those issues you or someone else
% raised at the Public Hearing described in This qe-
v -- ncu,or In written carrespondence delivered To the
- L. / City Clerk, at or prior to the Public Hearing:
_ James Thompson City Clerk
-$7p -""'^--"4----
------ 3200 E.Tahquitz 6anyon Way
y.�
i'I_a M� _`Ur `nalurr, Palnl Springs, CA 92263
' Members of the public may vlvw this document and oil referenced documents in the Community
Redevelopment Department,City Hall,and^ubmit
C-=:- written comments to the Community Redevelop-
ment Agency at or prior to the Community Rene,
- velopment Agents Meeting at or prior to the pup-
' tic hearing described in this notice. For furiller in-
formation' please contact John Raymond at (760)
N 322-8321.
Further Information, including q copy at the Third
Amendment and Resolution, prepared in accar-
darica with Health and Safety Code Section
Ire 33433, s available In the Office of the Clty Clerk.
James Thamp-wri, City Clark
City of Pslm Springs, California
I�J Published: 10/4, 10/11/2000
4 V