HomeMy WebLinkAbout10/17/2001 - STAFF REPORTS DATE: OCTOBER 17, 2001
TO: COMMUNITY REDEVELOPMENT AGENCY
FROM: DIRECTOR OF REDEVELOPMENT
AGENCY PUBLIC HEARING ON THE SECOND AMENDMENT TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS AND THE AGUA CALIENTE TRANSFER CORPORATION, A CALIFORNIA
CORPORATION, REGARDING THE RECLASSIFICATION OF PROPERTIES WITHIN THE
AGREEMENT
RECOMMENDATION:
That the Community Redevelopment Agency of the City of Palm Springs ("CRA")
approve the Amendment No. 2 to a Disposition and Development Agreement
("DDA")with the Agua Caliente Band of Cahuilla Indians("Developer")and the Agua
Caliente Transfer Corporation ("Transfer Corporation") reclassifying two properties
in the DDA from "Developer Acquired Parcels" to "Second Acquired Parcels"
subjecting them to the terms and conditions of Section 5.2 of Amendment No. 1 of
the DDA (1996 Amendment).
BACKGROUND:
The Agency and the Agua Caliente Band of Cahuilla Indians entered a Dispostion
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 Developer would acquire on its own and
those that the Agency could and would assist acquiring, including the potential use
of its eminent domain powers. Amendment No. 1 to the DDA designated two parcels
—the"Walter Parcel"and the"Segundo Parcel"as both Developer Acquired Parcels
and Second Acquired Parcels. This Amendment removes those two properties from
the category of Developer Acquired Parcels, leaving them solely in Section 3.12 of
Amendment No. 1, "Second Acquired Parcels,"and therefore subject to Section 5.2
of Amendment No. 1, "Agency's Acquisition of Second Acquired Parcels." Other
terms of the DDA and Amendment No.1, including the project description, are not
amended at this time. This action is necessary to allow the Developer to acquire the
property for the project: they include the parking lot atAmado and Calle El Segundo
and the tennis facility at Andreas and Calle El Segundo.
,J'OHN S. RAYMONb
birector f Redevel ment
APPROVE
Executive Director
ATTACHMENTS:
1. Resolutions (Agency and City)
2. Second Amendment to the Disposition and Development Agreement
3. Public Hearing Notice
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10/05/2001 13:29 FAX BURKE, WILLIAM
A,MENDIVIENT NO. 2 TO DISPOSITJON AND DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT
AGREEMENT ("Amendment")is made and entered into as of the date of execution by
and between THE COMMUNITY l2EDEVELQPMENT AGENCY FOR THE CITY OF
PALM SPRINGS ("Agency), THE AQUA CALIENTE BAND OF CAHUMLA
INDIANS ("DevelopeeD and ACrUA CALIENTE TRANSFER CORPORATION, a
California corporation("Transfer Corporation").
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").
B. Agency,Developer and the Transfer Corporation previously entered into
an amendment to the original Agreement on August 8, 1996 (the"1996 Amendment").
All terms defined in the Agreement shall have the same meaning as provided in the
original Agreement as modified by the 1996 Amendment when used in this Amendment
waless otherwise specifically provided.
C. The 1996 Amendment provided that Caesars had withdrawn from the
Project in a mutual and amicable agreement with Developer. The Casino at that time was
relocated and the Agency was no longer required to contribute any property or the
proceeds of any sale to the Project. The 1996 Amendment also withdrew the
involvement of the Prairie Schooner Parcel£turn the Agreement.
D. This Amendment provides 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 City proposes to acquire the fee interest in the Walter Parcel
through eminent domain pursuant to section 4.5 of the original Agreement as modified by
section 5.2 of the 1996 Amendment. Similarly,the City also proposes to acquire the
leasehold interest in the Segundo parcel pursuant to section 4.5 of the original, 1996
Agreement as modified by section 5.2 of the Amendment. Pursuant to these provisions,
the interests in both the Segundo and Walter Parcels will be acquired for the sum of$1.65
million as just compensation.
E. The Developer,upon review by its agents,has indicated that the Project
Description, Scope of Development and Schedule of Performance adequately reflect the
scope of Phase 11 of this development at the present time. Any future changes to the
Project Description, Scope of Development and Schedule of Performance shall be
accomplished by a subsequent amendment.
NOW,THEREFORE,the parties hereto agree as follows:
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10/05/2001 13:29 FAX BUME, WILL,IAM Q0g4
1.0 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, as modified
by the 1996 Amendment:
(a) The term"Developer-Acquired Parcels"shall be revised to exclude
the"Walter Parcel"and the "Segundo ParceP' (as those terms are defined in the
Agreement).
(b) The location to which notices are to be.sent to the Agency's
counsel of record,David J.Aleshire,is revised to reflect his change in law firms
to Broke, Williams &Sorensen, LLP and his current business address.
Wherever a specifac 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 Amendment. 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 and the 1996 Amendment in order to give affect to the intent
of the parties as described in this Amendment.
2,0 Chanties and Additions to Defined Terms. The terms set forth below
which are contained in the original Agreement are hereby modified to have the meanings
hereinafter 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:
2.1 Developer-Acquired Parcels, The term"Developer-AcgWred
Parcels"shall be revised to omit the"Walter Parcel"and the"Segundo Parcel"(as
those terms are defined in the Agreement).
2.2 Notices: All Notices,Demands and Communications
between the Agency and Developer, as provided in section 12.1 of the
Agreement, shall be copied to the attention of the Agency's legal counsel,David
J.Aleshire, at Burke,Williams &Sorensen,LLP, 18301 Von Karman Ave., Suite
1050,Irvine, CA 92612,in lieu of Rutan &Tucker,LLP, 611 Anton Blvd., Suite
1400, Costa Mesa, CA 92626.
3.0 No Other Modification. Except as provided in this Amendment, all
provisions of the 1996 Amendment and the Agreement shall remain unmodified and in
full force and effect.
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10/05/2001 11:10 FAb BURKE, WILLIAM �J005
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date and year first above written.
TU COMMUNITY REDEVELOPMENT
AGENCY FOR THE CITY OF PALM
SPRINGS
By:
Chairman
Date:
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Burke, Williams &Sorensen,LLP
David J.Alesbire,Esq.
Attorney for the Community
Redevelopment Agency for the City of
Palm Springs THE AGUA CALIENTE BAND OF
CAHI T>I,LA INDIANS
By.
Chairman,Tribal Council
APPROVED AS TO FORM:
Art Bunce,Esq.
Tribal Attorlmey
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PROOF OF PUBLICATION This is space for county clerks Filing stamp
(2015.5.C.C.P) .-
STATE OF CALIFORNIA
- - - County of Riverside- - - --- - --- - - -- --- — -- - --- --- -- - ------ - -
No.9467 -- --
OF PALM SPRINGS
NOTICE OF PUBLIC HEARING '
NOTICE IS HEREBY GIVEN,that the Community
Redevelopment Agency of the City of Palm
Springs and the City of Palm Sprrn s will hold a
lam a citizen of the United States and a resident of cated at 32 0n Tai,qur'tn cCanyon -Y, Parini
the Count aforesaid; I am over the age of eighteen springs, California 92262, beginning at 7:00 p I
Y g g Wednesday, October 17, 2001, to consider the
years,and not a party to or interested in the following
above-entitled matter.I am the principal clerk of fir Second Amendment to a Disposition and
Development Agreement witYI the Agua
printer of the,DESERT SUN PUBLISHING callente Bend of Cahullla Indians
re arding the properfr.s referred to as
COMPANY a newspaper of general circulation, me•Segundo Pence and the Walter Parcel
printed and published in Tile city of Palm Springs, on North Call. El Segundo between Anclieas
I I �' Palm adnand,can o°n o adzsz
County of Riverside,and which newspaper has been
adjudged a newspaper of general circulation by the The Community Redevelopment Agency of me
City of Palm Springs ("Aggray") proposes a to
Superior'Court of the County of Riverside,State of amend a Disposition and Development Agreement
DDA") with the Agua Caller. Sand of Cahmlla
California under the date of March 24,1988.Case Sndians ('Developer) To approve this Second
Number 191236;that the notice,of which the Amendment,y ruired too disci a Public Hearing to
annexed is a printed copy(set in type not smaller receive public input on the matter
than non pariel,has been published in each regular The nature of the Second Amendment is that the
Agency shall omit the two parcels from the list of
and entire issue of said newspaper and not in any Developer-Acquired Parcels as presently provided
sapplement thereof on the following dates,to wit: in the 1996 Amendment to the DA.Both Proper-
ties shall be placed on the list of Seconci
quire d Parcels, which shal wpclout the
erA tltcy to
_ act to the Walter Parcal, y ._
October 3rd loth rn fee,t[n'ough eminent door din under SscGon 4.5
of the oriymaI DDA as mcorned by the 1996
------------------------------ -------------------------------- Amendment. Smrlar, ly, this Amendment seeks Io
permit the Agency to acq rare the leasehold inter
gsi rn the Segundo Parcel,which is currently Ind!-
_______________________________________________________________ an allatlee land, via emmen[ domain Thera s no
interest m acgurring the ent d e's fee interest it-
self
All in the year 2001 All rntere-sted persons are Invited to attend the
Public Hearing and carters opinions on the item
listed above. If you challenge the nature of the
proposed action in court, you may be limited to
I certify(or declare)under penalty of perjury that the raising only those Issues you or someone else,
fore oin is true and correct. raised at the Public Hosing described in this no-
g g free, or in written correspondence delivered to the
loth Crty Clerk,at the address listed above, al or prior
to the Publ ic'I-tearing
Dated at Palm Springs,California this--------------day Members of the public may view this document
October and all referenced documents in the Community
Redevelopment Department,City Hall,and submit
of---------------------------------------2001 whiten comments to the Community Redevelop-
ment Agency at or prior to the Community Rede-
velopment Agency Mealing at or prior to Ili.pub-
, p /3, ---------- Ire hearing described in this notice.
---- =y - -1---- ---��^�- p=� Funderinformatiion, Including a copy of the Sec-
ond Amendment and Reselu Gen, prepared in so-
Signature nervous. with Health and SeFely Code Section
33433, is available in the Office of the city Clark,
of the above address. J
PATRICIA A SANDERS, City Clerk
PUB October 3 and 10, 2001
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENTAGENCYOF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING THE SECOND
AMENDMENT TO A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH THE AQUA CALIENTE BAND OF CAHUILLA
INDIANS AND THE AGUA CALIENTE TRANSFER
CORPORATION PROVIDING FOR THE ACQUISITION OF THE
WALTER PARCEL AND SEGUNDO PARCEL IN SECTION 14,
MERGED PROJECT AREA #2 (TAHQUITZ ANDREAS)
-------------------
WHEREAS,the Community RedevelopmentAgency of the City of Palm Springs,California
("Agency")is constituted underthe Community Redevelopment Law(California Health and Safety
Code Section 33000 et. seq.) 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") as supplemented/modified by,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 that certain Amendment No. 1 dated
August 7, 1996 (First Amendment'); and
WHEREAS, the Original DDA, as amended by the First Amendment and Second
Amendment, 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 Second Amendment
to the DDA for purposes of facilitating the acquisition of the Walter and Segundo parcels by the
Developer or the Agency; and
WHEREAS, the Agency has considered the staff report, and all the information, testimony
and evidence provided at its regularly scheduled meeting of October 17, 2001.
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 all the work
is to occur on existing facilities and there are no
changes in the effects of the proposed project or the
circumstances in which it is being carried out which
require any modification of the Categorical
Exemption.
6 & C
b) The Agency finds that the Planning Commission
adequately discussed the potential significant
environmental effects of the proposed 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). 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 Second 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.
ADOPTED this day of 2001.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Chairman
REVIEWED & APPROVED