HomeMy WebLinkAbout00492 - DESERT HOSPITAL AUTHORITY JOINT POWERS AGR JPA CITY OV PALM SPRINGS & DESERT
iT SPITAL DIST. - Desert Hosp.
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AGREEMENT 0492 (RESTATED)
Restatement appr cncl mtg of
4-13-76
JOINT EXERCISE OF POWERS AGREEMENT (RESTATED)
BETWEEN THE CITY OF PALM SPRINGS
AND THE DESERT HOSPITAL DISTRICT
CREATING THE DESERT HOSPITAL AUTHORITY
THIS RESTATED AGREEMENT, dated rlJ
1976, by and between the CITY OF PALM SPRINGS, a municipal
corporation of the State of California ('hereinafter called "City" ) ,
and the DESERT HOSPITAL DISTRICT, a body corporate and politic of
the State of California (hereinafter called the "District" )
W I T N E S S E T H:
WHEREAS, the City, pursuant, to Title 4, Division 3,
Part 2, Chapter 5, Article 8 of the Government Code of the State
of California (commencing with Section 37650 thereof) and the
District, pursuant to Division 23 of the Health and Safety Code
(commencing with Section 32000 thereof) are each empowered to
acquire sites for and to acquire, construct, maintain, operate
and lease hospital buildings or other buildings with facilities
and appurtenances necessary or convenient therefor; and
WHEREAS, the City and the District are of the opinion
that there should be acquired or constructed within the City
and the District facilities for the foregoing purposes, and that
said facilities will serve and be of benefit to the inhabitants
of the City and of the District;
WHEREAS, the City and District in order to provide for
the development of such facilities heretofore entered into that
certain agreement entitled "Joint Exercise of Powers Agreement
Between the City of Palm Springs and the Desert Hospital Authority" ,
dated December 19, 1966, and said agreement has been amended by
further agreements dated October 28, 1968, April 10, 1972,
October 13, 1972, January 31, 1973 and April 18, 1975; (said
Agreement and said Amendments thereto being collectively called
the "Original Agreement" ) ; and
WHEREAS, the City and the District now desire to
simplify, clarify and restate the Original Agreement;
NOW THEREFORE, the City and the District, for and in
consideration of the mutual promises and agreements herein
contained do agree to restate the Original Agreement, as follows:
SECTION 1. Purpose.
This Agreement is made pursuant to the provisions of
Article 1, Chapter 5, Division 7, Title 1 of the Government Code
of the State of California (commencing with Section 6500,
hereinafter called "Act" ) relating to the joint exercise of
1
powers common to public agencies, in this case being the City
and the District.
It is the express purpose of this Agreement to cause
the joint exercise of the powers common to the City and District
referred to in the recitals hereof to (i) acquire, construct,
maintain, operate and lease a three story addition to the
Desert Hospital, as it existed on December 19, 1966, including
one hundred and eight (108) new beds, a central sterile supply
area, a pharmacy, a general stores area, an expanded clinical
laboratory and a radioisotope laboratory [the "Original.-Project" ] ,
and further, (ii) to acquire and develop real property con-
tiguous to the site of the Original Project and bounded by the
center lines of Tachevah on the South, Indian Avenue on the West
and Paseo E1 Mirador on the North (the "El Mirador Project" ) .
The Authority has issued its revenue bonds to finance
the development of the Original Project and the initial devel-
opment of the E1 Mirador Project. The City and the District
further desire that the Authority issue revenue bonds to finance
the further development of the E1 Mirador project by acquiring
and constructing additional hospital buildings and facilities,
together with appurtenances necessary or convenient therefor.
The Authority is hereby empowered to undertake the expansion
program referred to in this Agreement. The development of
plans and specifications for, and the construction of, the El
Mirador Project, and the method of lease and operation by the
District, shall be substantially the same as was followed in
connection with the Original Project, subject to any contrary
provisions in "Resolution of the Desert Hospital Authority
Declaring its Intention to Sell Bonds of said Authority in the
amount of $4,000, 000, Fixing Time and Place for Taking Bids
and Directing Publication of Notice Inviting Bids" of the
Authority dated January 23, 1973, (The "Resolution" ) and that
certain Desert Hospital E1 Mirador Lease dated January 23,
1973, by and between the Authority and the District.
SECTION 2. Term.
This Agreement shall become effective as of December
19, 1966, and shall continue in full force until rescinded or
terminated by agreement of the parties pursuant to Section 6510
of the Government Code; provided, however, this Agreement shall
not be terminated until such time as all revenue bonds herein
provided for and issued pursuant hereto and the interest
thereon shall have been paid in full or adequate provision for
such payment shall have been made as set forth in the proceed-
ings for the issuance thereof. It is hereby agreed by the
parties hereto that the City shall have no responsibility for
the payment of all or any part of the bond obligation provided
for herein.
2 .
1
SECTION 3 . Authority.
A. CREATION OF AUTHORITY.
Pursuant to Section 6506 of the Act, and the Original
Agreement as restated hereby, there is a public entity known as
"Desert Hospital Authority" (hereinafter called the "Authority" ) ,
and said Authority is a public entity separate and apart from
the City and the District.
B. GOVERNING BOARD_
The Authority shall be administered by a governing
board of three (3) members, each serving in their individual
capacities as members of the governing board. Each member shall
be appointed by the Board of Directors of the District subject
to the approval of the City Council of the City. Such governing
board shall be called the "Governing Board of Desert Hospital
Authority" . All voting power shall reside in the governing
board. All members of the governing board are to be electors
of the District.
Members of the governing board shall serve staggered
four (4) year terms; provided, however, that members of the
board shall serve at the pleasure of the appointing body and
until their respective successors are appointed and qualified-
C. MEETINGS OF GOVERNING BOARD.
(1) Regular Meetings.
The governing board of the Authority shall provide
for its regular meetings, provided, however, it shall hold at
lease one regular meeting each year. The date, hour and place
of the holding of the regular meetings shall be fixed by
resolution of the governing board and a copy of such resolu-
tion shall be filed with each party hereto.
(2) Ralph M. Brown Act.
All meetings of the governing board of the Authority,
including, without limitation, regular, adjourned regular and
special meetings, shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code) .
(3) Minutes.
The Secretary of the Authority shall cause to be kept
minutes of the regular, adjourned regular and special meetings
of the governing board and shall, as soon as possible after
each meeting, cause a copy of the minutes to be forwarded to
each member of the governing board and to the City and to the
District.
3.
(4) Quorum.
A majority of the governing board of the Authority
shall constitute a quorum for the transaction of business,
except that less than a quorum may adjourn from time to time;
provided that the affirmative vote of at least two (2) members
of the governing board shall be required for the approval of
any resolution as to which action of the governing board is
required.
D. OFFICERS.
The governing board of the Authority annually shall
elect its Chairman and Vice-Chairman. Said governing board
shall also appoint a Secretary who may but need not be a member
of the governing board. The Treasurer of the Authority shall
be the duly appointed and acting Treasurer of the District
serving ex officio as Treasurer of the Authority and the
Auditor of the Authority shall be the duly appointed and acting
Auditor of Riverside county serving ex officio as Auditor of
the Authority to the extent that the duties do not cause a con-
flict. The attorney for the Authority shall be the duly
appointed, qualified and acting attorney for the District,
or his duly authorized deputy, serving ex officio as attorney
for the Authority_ The attorney for the District or his
designated deputy shall attend all meetings of the governing
board, but his absence shall not affect the validity of any
meeting. In the event of any conflict between the District
and the Authority, the Authority may, with the prior consent
of District, appoint other officers, including, without limita-
tion, the offices of Treasurer, Auditor and Attorney, to repre-
sent the Authority in such matter. The governing board shall
have the power, with the prior consent of District, to appoint
and employ such other officers, employees, consultants, advisors
and independent contractors as it may deem necessary.
E. RULES.
The governing board of the Authority may adopt, from
time to time, such rules and regulations for the conduct of its
meetings and affairs as may be required.
SECTION 4. Powers.
The Authority shall have the powers common to City
and District set forth in Section 1 of this Agreement, to wit:
acquiring sites for and acquiring, constructing, maintaining,
operating and leasing hospital buildings and facilities and
appurtenances necessary or convenient therefor (hereinafter
referred to as "common powers" ) as limited herein. The
Authority is hereby authorized, in its own name, to do all
acts necessary for the exercise of said common powers for
said purpose, including, but not limited to, any or all of
4.
the following: to make and enter into contracts; to employ
agents and employees; to acquire, construct, manage, maintain
and operate any buildings, works or improvements; to acquire,
by purchase, exchange, gift, condemnation or otherwise, and to
hold or dispose of property within the County of Riverside; to
lease and/or acquire as lessor and lessee the Original Project
and the E1 Mirador Project, and the sites therefore, or any
part thereof; to incur debts, liabilities or obligations which
do not constitute a debt, liability or obligation of the City
or the District; and to sue and be sued in its own name. Such
powers shall be exercised in the manner provided in said Act,
and, except as expressly set forth herein, subject only to such
restrictions upon the manner of exercising such powers as are
imposed upon the City and District in the exercise of similar
powers.
The Authority may also issue revenue bonds, not to
exceed a total of Twenty-Two Million Dollars ($22,000, 000)
pursuant to Article 2, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (commencing with
Section 6540, hereinafter called "Bond Act" ) and any other
applicable laws of the State of California, as follows:
a. Three Million Dollars ($3,000, 000) of said bonds
were issued pursuant to a resolution of the Authority dated
May 18, 1967 for the acquisition and development of the
Original Project-
b. Four Million Dollars ($4,000, 000) of said bonds
were issued pursuant to the Resolution for acquisition and
first phase development of the El Mirador Project.
C. The Authority is hereby authorized to issue
bonds in an amount not to exceed Fifteen Million Dollars
($15,000,000) as Additional Bonds, as such term is defined
by and pursuant to the Resolution for the purpose of
expanding the El Mirador Project by the acquisition of sites
for and acquiring, constructing, maintaining, operating and
leasing hospital buildings and facilities and appurtenances
necessary or convenient therefore. Said Additional Bonds
may be issued in separate series or issues to match con-
struction phases or may be authorized in different amounts
at different times. The sale and issue of such Additional
Bonds by the Authority shall be subject to the prior approval,
of the Board of Directors of the District and, of the City
Council of the City, by ordinance.
SECTION 5. Fiscal Year.
For the purposes of this Agreement, the -term "fiscal
year" shall mean the fiscal year as established from time to
time by the District, being, at the date of this Agreement,
5.
the period from July 1 to and including the following June 30.
SECTION 6. Disposition of Assets.
At the termination of this Agreement as set forth in
Section 2 hereof, all property of the Authority both real and
personal, including surplus money, shall automatically vest in
District and shall thereafter remain the sole property of the
District, and the appropriate officers of Authority and/or
District shall execute and deliver to District a quitclaim deed
confirming title in District for records purposes. Provided
however, the E1 Mirador Site, as defined in Section 7 hereof,
shall automatically vest in the City on such termination for
use for eleemosynary purposes.
SECTION 7. Acquisition of Land and Ground Lease.
The site for the Original Project (the "Original
Site" ) shall constitute the site of the Desert Hospital District
as of December 19, 1966 and the then existing hospital buildings
thereon, as shown on Exhibit A, attached hereto and made a part
hereof. The Original Site is owned in fee by the District.
The District has leased the Original Site to the Authority by
means of the Ground Lease dated May 18, 1967.
The site for the E1 Mirador Project (The "El Mirador
Site" ) shall constitute that certain property west of and
adjacent to the Original Site and bounded by the center lines
of Tachevah on the South, Indian Avenue on the West and Paseo
El Mirador on the North, as shown on Exhibit B attached hereto
and made a part hereof. Said El Mirador Site is owned in fee
by the Desert Hospital Authority and has been leased to the
Desert Hospital District by means of that certain Desert
Hospital E1 Mirador Lease dated January 23, 1973 .
SECTION 8. Plans and Specifications.
The District and Authority have employed architects
for the Original and E1 Mirador Projects and said architects
are hereby approved by City. The City has approved the
general concept of the Original and El Mirador Projects and
retains the right to approve the final plans solely for the
purpose of determining that such plans do not exceed the
facilities for said Projects and funds therefor as provided
in this Agreement and including the proceeds of the bonds of
the Authority and any consideration of the parties hereto.
District and Authority shall cause such architects to prepare
plans and specifications for the construction of the Original
and E1 Mirador Projects and to provide general administrative
supervision of the construction and periodic inspection of
the work. The Authority shall, when it has funds available
-6-
therefor, reimburse the District for all costs and expenses
incurred in connection with the preparation of said plans and
specifications on behalf of the Authority from the proceeds
of the revenue bonds.
SECTION 9. Construction of Project.
The Authority or the District, as agent for Authority,
shall contract for the construction of the Original and E1
Mirador Projects and carry such constrcution through to com-
pletion. Authority shall pay, or reimburse the District, as
the case may be, for costs incurred and payments made in
connection with such construction. The Authority or District
shall let the construction contract or contracts by competitive
bidding. Such construction contracts shall be let and adminis-
tered and the work shall be performed in accordance with appli-
cable standards in substantially the same manner and upon the
same conditions as are normally followed by District in. construct-
ing its own buildings, provided that in no event shall said
contract or work conflict with applicable laws similarly
applying to City in such areas. The trustee or trustees
appointed pursuant to the resolutions for the issuance of bonds
of the Authority shall administer the construction funds in
accordance with the applicable procedures set forth in said
resolutions. Such procedure shall provide, in substance, that
District, if agent of the Authority, shall be paid on demand
such amounts as it requires to meet construction payments a
reasonable time prior to the time when such payments are due,
upon such demand forms as District shall establish.
As to functions and activities which are performed by
the District as agent for the Authority under this Section the
District shall, as of the first business day of the third week
of each quarter, render a report to the Authority as to all
activities undertaken and moneys expended during said prior
quarter. This report shall be made available to the general
public. A copy of said report shall be forwarded to the City.
SECTION 10. Benefits to City and District from Projects.
Although, as set forth in Section 12 hereof, the
actual operation of the Original and E1 Mirador Projects will
be the duty of the District, the accomplishment of the Original
and E1 Mirador Projects by means of the steps set forth in this
Agreement will benefit both the District and the City in a
variety of ways.
The City, although it possesses the power under Section
37650 et seq. of the Government Code to construct, finance and
maintain a city hospital, has not up to the present time pro-
vided any hospital facilities. It has been unnecessary for the
7.
4-12-76
City to provide hospital facilities in part because of its
location within the District. The boundaries of the District
include the entire area of the City as well as neighboring
cities and unincorporated territory adjacent to the City. The
City comprises approximately half of the assessment valuation
of the District. The facilities provided for herein are
located within and will serve the residents of the Palm Springs
area.
Because of the increase in demand for hospital services
and facilities within the City and the adjoining area, it will
be necessary to provide additional hospital facilities to meet
the increased demand. The need for additional hospital services
and facilities will best be served by an addition to the hos-
pital facilities of District by the accomplishment of the
Original and E1 Mirador Projects as set forth in this Agreement.
The Original and E1 Mirador Projects will benefit the
City directly by providing adequate health facilities for all
municipal employees, including the police and fire departments.
The creation of an Authority to finance and provide
a framework for cooperation in providing hospital facilities
in the area will permit a closer coordination of City and
District efforts to establish and provide the necessary
adjoining facilities, such as the making of adequate provision
for streets, on-street parking, sewers, drains, and similiar
facilities.
The use of the Authority created by the present
Agreement could result in significant advantage to the City
and District in securing federal and other grants for the
Original and E1 Mirador Projects, since it will illustrate a
cooperative regional solution to -the problem of providing
adequate hospital facilities in the entire Palm Springs area.
SECTION 11. Revenue Bonds.
The Authority shall issue revenue bonds in accordance
with the provisions of Article 2, Chapter 5, Division 7, Title
1 of the Government Code of the State of California (commencing
with Section 6540) for the purpose of exercising its power and
raising funds necessary to carry out its obligations under
this Agreement.
The sale and issuance of such revenue bonds by the
Authority shall be sold by competitive bidding or by private
sale and said issue, for the purposes of this Agreement, shall
be limited to Twenty Two Million Dollars ($22, 000, 000) . Pur-
suant to Section 6551 of the Government Code, neither the
City nor the District will be indebted, liable or obligated
for any of the bonds issued by the Authority under this Agree-
ment.
8.
! 0
The services of Bond Counsel, Financing Consultants
and other consultants and advisors working on the Project
and/or its financing shall be used by the Authority. The
fees and expenses of such counsel, consultants and advisors
shall be paid from the proceeds of the revenue bonds and
District shall be reimbursed from such proceeds for any por-
tion of such fees and expenses which it has paid prior to the
issuance of such revenue bonds.
SECTION 12 . Lease and Operation by the District.
The Authority established hereunder shall lease its
interests in the Original and El Mirador Projects by means
of financing leases or subleases to the District. These
leases shall not result in a merger of the interest of the
Authority under any Ground Lease so long as any obligations
of the Authority secured by the bonds are outstanding. Dis-
trict shall pay rental in an amount which, together with other
payments, if any, will be not less than the amount required
by the Authority each year to discharge all of its debts and
obligations, including, without limitation, payment of princi-
pal of, and interest on, its revenue bonds. The District
shall operate and maintain, at its own cost and expense, the
Original and E1 Mirador Projects either acting on its own
behalf or through any other public or private person, firm,
partnership or entity in such manner as shall comply with
any covenants which the Authority makes in the proceedings
for the issuance of its revenue bonds.
The District may in the appropriate circumstances
when required hereunder: (a) make contributions from its
Treasury for the purposes set forth herein, (b) make advances
of public funds to defray the cost of such purposes, (c) make
advances of public funds for such purposes, such advances to
be repaid as provided herein, or (d) use its personnel,
equipment or property in lieu of other contributions or
advances. The provisions of Government Code 6513 are hereby
incorporated into this Agreement.
SECTION 13 . Accounts and Reports.
To the extent not covered by the duties assigned to
the Trustee, the Auditor of Authority shall establish and
maintain such funds and accounts as may be required by good
accounting practice or by any provision of the resolution for
the issuance of bonds of the Authority. The books and records
of the Authority in the hands of the Trustee or the Auditor
shall be open to inspection at all reasonable times by
representatives of the City and the District. The Auditor
of Authority, within one hundred twenty (120) days after
the close of each fiscal year, shall give a complete written
report of all financial activities for such fiscal year to
9.
0 0
the City and to the District to the extent such activities
are not covered by the report of the trustee, as hereinafter
provided. The trustee or trustees appointed under the reso-
lutions for the issuance of bonds of the Authority shall
establish suitable funds, furnish financial reports and pro-
vide suitable accounting procedures to carry out the provi-
sions of said resolutions. Said trustee may be given such
duties in said resolutions as may be desirable to carry out
this Agreement.
SECTION 14. Funds.
Subject to the applicable provisions of the resolu-
tions for the issuance of bonds of the Authority, which may
provide for a trustee to receive, have custody of, and dis-
burse Authority funds, the Treasurer of the Authority shall
receive, have the custody of and disburse Authority funds
(i) pursuant to the accounting procedures developed under
Section 13 hereof, and (ii) as nearly as possible in accord-
ance with normal District procedures, shall make the dis-
bursements required by this Agreement or to carry out any
of the provisions or purposes of this Agreement.
SECTION 15. Notices.
tO: Notices hereunder shall be sufficient if delivered
City -- City Clerk, City Hall, Palm Springs, California.
District -- Secretary of the Board of Directors of
Desert Hospital District, Desert Hospital, Palm Springs,
California.
Authority -- Secretary, c/o Desert Hospital, Palm
Springs, California;
or such other address as the City, District or Authority,
respectively, shall designate in writing.
SECTION 16. Miscellaneous.
The section headings herein are for convenience
only and are not to be construed as modifying or governing
the language in the section referred to.
Whenever in this Agreement any consent or approval
is required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California,
under the Constitution and laws of such State and is to be so
construed.
To preserve a reasonable degree of flexibility,
many parts of this Agreement are stated in general terms. It
10.
is understood that there will be operating memoranda executed
and amended from time to time which will further define the
rights and obligations of the parties.
SECTION 17. Partial Invalidity.
If any one or more of the terms, provisions, promises,
covenants or conditions of this Agreement shall to any extent
be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a court of competent jurisdiction each
and all of the remaining terms, provisions, promises, covenants
and conditions of this Agreement shall not be affected thereby,
and shall be valid and enforceable to the fullest extent per-
mitted by law.
SECTION 18. Conflict with Original Agreement.
This Agreement is intended -to be a complete Amendment
and restatement of the Original Agreement. The Original Agree-
ment remains in full force and effect provided that in the
event of any conflict between the provisions of the Agreement
and the provisions of the Original Agreement, this Agreement
shall prevail.
SECTION 19. Successors.
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper
officers thereunto duly authorized, and their official seals
to be hereto affixed, as of the day and year first above
written.
THE CITY OF PALM SPRINGS,
CALIFORNIA
ATTEST:
DONALD A. BLUBAUGH, City cleric
(Seal)
11.
I hereby approve the form and legality of the
foregoing Agreement this j4day of _
City Attorney
By 4---
DESERT HOSPITAL DISTRICT
r
By_y
President of'th Board t
of Directors
ATTES
S'acretary the Board of Directors
(Seal)
I hereby approve the form and legality of the
foregoing Agreement this day of March 1976
DISTRICT COUNSEL
BY
12.
46 0
STATE OF CALIFORNIA )
) SS
COUNTY OF RIVERSIDE )
On this 13th day of April, 1976, before me, the under-
signed, a Notary Public, State of California, duly commissioned
and sworn, personally appeared DONALD A. BLUBAUGH, known to me to
be the City Manager, and J. SUMICH, known to me to be the City
Clerk, respectively, of the City of Palm Springs, a municipal
corporation, that executed -the within instrument on behalf of
said municipal corporation therein named, and acknowledged to me
that such municipal corporation executed the within instrument
pursuant to a resolution of the City_
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this certi-
ficate first above written.
.
OFFICIAL SEAL
C'LIFU IEN IA
(r-'C. IN
� . rlvres,ee cuunry Public,
,
Corn miesi;m C;:p�r^s Junc 1(l, 197t3? State O£ California
0 •
STATE OF CALIFORNIA )
) SS
COUNTY OF RIVERSIDE )
On this 13th day of April, 1976, before me, the under-
signed, a Notary Public, State of California, duly commissioned
and sworn, personally appeared ALBERT H. WEINERT, known to me to
be the President of the Board of Directors, and C. H. BALDWIN,
known to me to be the Secretary of the Board, respectively, of
the Desert Hospital District, a public corporation, that executed
the within Instrument, and known to me to be the persons who
executed the within instrument on behalf of said public corpora-
tion therein named, and acknowledged to me that such public
corporation executed the within instrument pursuant to a reso-
lution of the Board of Directors of said Desert Hospital District.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and offixed my official seal on the day and year in this certi-
ficate first above written.
Notary Public, State of California
F OFFICIAL SEAL.
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EXHIBIT "B"
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FIFTH 2U4ENDMENTS TO JOINT E`<iERCISE OF POWERS za
AGREEMENT BETWEEN THE CITY OF PAT24 SPRINGS � n
AND DESERT HOSPITAL DISTRICT
N '
CREATING THE DESERT HOSPITAL AUTHORITY
These Fifth Amendments dated April 13 , 1975, are-to
the Agreement hereinafter specified, by and between the CITY OF
PALr-1 SPRINGS , a municipal corporation of the State of California,
(hereinafter called "City") , and the DESERT/HOSPITAL DISTRICT, a
r"- body corporate and politic of the State of California (hereinafter
called "District") ;
Y L�
WITNESSETH:
j pl J J
J
WHEREAS , the City and District have heretofore entered
"� -into that certain agreement entitled "Joint Exercise of Powers
Agreement Between the City of Palm Springs and the Desert Hospital
District Creating the Desert Hospital Authority" dated December
r ,F 19, 1966; and
WHEREAS, amendments to said Agreement were adopted by
.,J -( _ the parties thereto dated October 28, 1968; and
WHEREAS , Second Amendments to said Agreement were adopted
by the parties thereto dated April 10, 1972; and
WHEREAS, Third Amendments to said Agreement were adopted
by the parties thereto dated October 13, 1972; and
WHEREAS , Fourth Amendments to said Agreement were adopted
by the parties thereto dated January 31, 1973;
Now, Therefore, the City and District for and in consid-
eration of the mutual promises and agreements herein contained do
hereby agree to amend said Agreement as follows :
SECTION 1. Section 19 shall be added to the Agreement
to read as follows :
Section 19. Additional Bonds for Future Development of
the E1 Mirador Property.
In furtherance of the purposes of this Agreement,
particularly as amended by those certain Fourth Amendments to the
Agreement adopted January 31, 1973, and pursuant to that certain
Resolution of the Authority adopted February 28, 1973, ( "The
Resolution") , the Authority has issued its 1973 Revenue Bonds
in the principal amount of $4,000, 000 to pay the costs of the
acquisition and financing of the Project, as that term is
defined in the Resolution ("The El Mirador Project") ., The
City and the District desire that the Authority utilize its
capacity to issue Additional Bonds under said Resolttion to
finance the further development of the El Mirador Project by
acquiring and constructing additional hospital buildings and
facilities, including a power plant to serve both the Project
as defined in Section One of this Agreement and the E1 Mirador
Project, together with appurtenances necessary or convenient
therefore. Therefore, and notwithstanding any other provision
of this Agreement, the Authority is hereby authorized to issue
additional bonds in an amount not to exceed Twelve Million Five
Hundred Thousand Dollars ($12,500,000) pursuant to 'the Resolution
for the purpose of expanding the El Mirador Project by the
- • i -
�2I acquisition of sites for and acquiring, constructing, maintaining,
operating and leasing hospital buildings and facilities and API
C� j appurtenances necessary or convenient therefore. Said bonds may
'ki4I be issued in separate series or issues to match construction
phases or may be authorized in different amounts at different
times. The sale and issue of such revenue bonds by the
Authority and any subsequent Resolutions authorizing such
issuance shall be subject to the prior approval of the Board
of Directors of the District and the City Council of the City,
as required by Section 6547 of the Government Code,
It is the express purpose of this Section to initiate
the Joint Exercise of the powers common to the City and District
referred to in the recitals hereof to acquire, construct, maintain,
operate and lease hospital facilities and the Authority is hereby
empowered to undertal�e the expansion program referred to in this
Section. The plans and specifications for said addition, the
construction of the new facilities, and the method of lease and
operation by the District shall be substantially the same as was
followed in connection with the Project, subject to any contrary
provisions in the Resolution and that certain Desert Hospital
El Mirador Lease dated February 23, 1973, by and between the
City and the District.
IN WITNESS V7HEREOF, the parties have caused these
Fifth Amendments to the Agreement to be executed and attested
by their proper officers thereunto duly authorized, and their
official seals to be hereto affixed, as of the day and year first
above written,
THE CITY OF PAaM SPRINGS,
CALIFORNIA
ATTEST: City Manager
City Clerk
(Seal)4
I hereby approve the form and legality of the foregoing
Fifth Amendments to the Agreement this /6 day of
1975.
Raymond E. Ott
City Attorney
By
DESERT_ 1OSPITAL DISTRICT
01
^ esident Board df Dlrect6
ATTEM1 . t
(S'&J.} �y
I hereby approve the form and le ality of the foregoing
Fifth Amendments to the Agreement this J � day of �t;y.L ,
1975.
F. Gillar BoYA, Jry�
District gotinsel fr y
By / v /li'' � �G {J��li+
d ;
Approved by the City Council by Resolution No, 11403, 4-16-75
-2-
i �
RESOLUTION NO. 11403
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING FIFTH AMENDMENT TO JOINT
POWERS AGREEMENT, CREATING THE DESERT HOSPITAL
AUTHORITY, BETWEEN THE CITY OF PALM SPRINGS AND
THE DESERT HOSPITAL DISTRICT.
WHEREAS, on December 19, 1966, the City entered into a joint powers
agreement with the Desert Hospital District, to create the Desert
Hospital Authority for the purpose of issuing bonds in order to
carry out the purposes specified in said Agreement; and
WHEREAS, amendments to said Agreement were adopted by the parties
thereto dated October 28, 1968, April 10, 1972, October 13, 1972,
and January 31, 1973; and
WHEREAS the City and Hospital District are desirous of making
certain "fifth amendment'! to said Agreement by adding a new
Section 19-to -said Agreement-; and
WHEREAS the City Council has reviewed the proposed amendments;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs has hereby approved the "Fifth Amendmentrto•;Joint
Exercise of Powers Agreement, creating the Desert Hospital
Authority" dated April 18, 1975.
ADOPTED this 16th day of April 1975.
AYES: Councilmen Garcia, Schlecht and Mayor Foster
NOES: Councilman Field
ABSENT: None
ABSTAIN: Councilman Beirich
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By /s/ J. Sumich /s/ Donald A. Blubaugh
Deputy City Clerk 4 City Manager
REVIEWED & APPROVED XC D
12b
(Office Use Only)
� Y
JOINT POWERS AGREE ENT
INITIAL NOTICE TO THE SECRETARY OF STATE FILE NO.
AS TO A JOINT POWERS AGREEMENT
END0 r
F L L ,.
Notice is hereby given to the Secretary of State In the u flce of pie Sucrelu y of u"rate
pursuant to Sections 6503.5 or 6503.7 of the w 6niro of {dptornru
Government Code as to the existence of a joint
powers agreement providing for the creation of an EDMUN O, 'RO N Jc, Seereta /
agency or entity which is separate from the parties BY JAE MS PIA ryof ato
P kRiS i
to the agreement and is responsible for the De u
administration of the agreements. The following
information as to the agreement is set forth: (File Stamp)
(a) The public agencies parties to the agreement are:
(1) City of Palm Springs, a municipal corporation of the State of
California
(2) Desert Hospital District, a body corporate and politic of the
State of California
(3)
(4)
(If more space is needed, type "continued" in (4) and attach a separate sheet
to this form) .
(b) The name of the agency or entity created under the agreement and responsible for the
administration of the agreement is: Desert Hospital Authority
Mailing Address: P. O. Box 1627
Palm Springs, California 92262
(c) The date upon which the agreement became effective is: December 19, 1966
(d) A condensed statement as to the purpose of the agreement or the powers to be
exercised is: `20 acquire, construct, ma�.ntain, operate and lease property,
both real and personal, within the Desert Hospital District.
FORM JP-1 ik.- j" -; ''.' i,-? i!_)
�,II rP d 1973
(e) Amendments, if any, state brief description: Amendments dated October 28, 1968;
Second Amaandmants dated April 10, 1972, Third Amendments dated
October 13, 1972 and Fourth Amendments dated January 31, 1973
(f) The short title of the agreement, if any, is: Joint Exercioe of powers
Agreement Between the City of palm Springs and the Desert Hospital
District creating the Desert Hospital Authority
S/ Frank B. Todd
(Signature)
Frank B. Todd, Secretary
(Type name and title of signer)
INSTRUCTIONS:
1. Mail this' form to Secretary of State, Ill Capitol Mall, Sacramento, California 95814.
2. Include a remittance payable to "Secretary of State" for filing fee of $S.00.
3. If additional copies of this form are sent with the original, the copies will be
file-stamped and returned without additional charge.
4. Do not attach a copy of the Agreement and/or Amendments of the Agreement.
# N � '
FOURTH AIA2EWMENTS TO JO_N DESERT HOSPITAL AUTHORITY - 4th
POWERS AGREaNIENT BE WEEN _ amend ment to
PALM SP= TT-NGS A:i-D DESERT F70SP AGREEMENT #492
CRE,ATILiG THE DESERT HOSP=TA Res #10585, 1-31-73
These Fourth i- nendments dated 197_t
l /
are to the Agreement hereinafter specified, by and between "he
Citv cf Palm Springs , a raunicioelcorporation of the State of
California hereinafter called "City") , and the Desert Hospital
District, a body corporate and politic of the State of Cali-
-rornia (hereinafter called ":District") ;
W I T H E S S E •T H
WHEREAS , the City and District have heretofore entered
into that certain agreement entitled ",joint Exercise of Powers
Agreement Between the City of Palm Springs and the Desert Hospital
District Creating the Desert Hospital Authority" dated December
19, 1966; and
WHEREAS , amendments to said agreement were adopted by
the parties thereto dated October 28, 1968; and
WHEP.aAS , Second Amendments to said Agreement were
adopted by the parties thereto dated April 10, 1972; and
WHEREAS , Third Amendments to said agreement were
adopted by the parties thereto dated October 13, 1972;
NOT,v, THEREFORE, the City and District for and in
consideration of the mutual promises and agreements herein
contained do hereby agree to amend said Joint Powers Agreement
as follows .-
Section 1. Section 2 of the agreement, as amended
April 10, 1972, by the Second Amendments shall be amended to
read as follows ;:
Section 2 Term.
'Phis Agreement shall become effective as of the date
hereof and shall continue in :Full force until .rescinded
or terminated by agreement by the parties pursuant "to
Section 6510 of 'the Government Code ; provided, however,
t:nzs Agreement shall not be terminated until such time
as all revenue bonds herein provided for and issued
pursuant hereto and "the interest thereon shall have been
paid in full or adequate provision for such payment shall
January 18 . 1973
i r � I
have been made as set forth in the proceedings for the
issuance "thereof. It is hereby agreed by the parties
hereto that the City shall have no responsibility for
the payment of all or any part of the bond obligation
provided for herein.
Section 2. The last sentence of Section 4 as amended
October 13, 1972, shall be amended to read as follows :
Four million. dollars (14, 000, 0001 of said issue or
issues shall be limited to acquisition and development
of real property contiguous to the present Hospital
site owned by the Desert Hospital District and bounded
by the center lines of Tachevah on the South, Indian
Avenue on the West and Paseo El MAW& on the North
but the remaining $2, 500, 000 of authorized but unissued
bonds may be used for the purpose ofI;acquiring and
constructing hospital buildings and facilities and
appurtenances necessary or convenient therefore within
the Desert Hospital District.
Section 3. Section 6 of the Agreement shall be
amended to read as follows :
Section 6. Disposition of Assets.
At the termination of this Agreement as set forth
in Section 2 hereof, all property of the Authority both
real and personal, including surplus money, shall
automatically vest in District and shall thereafter
remain the sole property of the District, and the
appropriate officers of Authority and/or District shall
execute and deliver to District a quitclaim deed con-
firming title in District for -records purposes. Notwith-
standing the provisions of the foregoing sentence, any
property acquired by the Authority that is subject to
the limitations of Section 4 requiring that the property
be contiguous to the present hospital site owned by the
Desert Hospital District and bounded by the center lines
of Tachevah on the South, Indian Avenue on the West and
Paseo El Mirador on the North, shall automatically vest
in the City on such termination for use for eleemosynary
purposes .
Section 4. Section 19 and Section 20 in the Amendments
to the Agreement dated October 28, 1968, and Section_ 21 in the
Amen_ments to the Agreement dated October 13, 1972, shall be
deleted in their entirety.
IN WITNESS WHEREOF, the parties have caused these
Amendments to the Agreement to be executed and attested
2.
January 18, 1973
_ r ,� 1
by 'their proper officers thereinto duly authorized, and their
official.. seals to be hereto affixed, as of the day and year
first above ,written.
THE. CITY OF PALM SPRZTIGS , CALIFORNIA
Mayo
ATTEST:
Z
F. D. Aleshire, City Clerk
By _.. ._..
,
(SEAL) .
I hereby approve the form and legality of the -Foregoing
Fourth Amendments to the Agreement this 3/.d. dwr of
197r .
t-,R,Y_dOND E. OTT
City Attorney � t
F3y`--- efo."
DESERT DISTRJCT
)B ;� —�; L
- Presdd�n' of Board of Dirk%tors
1
E5T-
x TI
--
Secretary
I hereby approve the form and legality of tha foregoing
Fourth Amendments to the Agreement this 23rd day of January ,
1973 ,
F. GILL.AkR BOYD,,"JR,
District Couhs=t
By
Approved by the City Council
by Resolution Dio,
3 ,
RESOLUTION NO. 10585
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FOURTH
AMENbMENT TO JOINT POWERS AGREEMENT,
CREATING THE DESERT HOSPITAL AUTHORITY,
BETWEEN THE CITY OF PALM SPRINGS AND
THE DESERT HOSPITAL DISTRICT.
WHEREAS, on December 19 , 1966, the City entered into
a joint powers agreement with the Desert Hospital
District, to create the Desert Hospital Authority
for the purpose of issuing bonds in order to carry
out the purposes specified in said Agreement; and
WHEREAS , amendments to said Agreement were adopted
by the parties thereto dated October 28, 1968,
April 10, 1972, and October 13, 1972; and
WHEREAS, the City and Hospital District are desirous
of making certain "fourth amendments" to said
Agreement by modifying in certain respects Sections
2, 4 , and 6 of said Agreement; and
WHEREAS, the City Council has reviewed the proposed
amendments• and
WHEREAS , Desert Hospital Board of Directors approved
said fourth amendment at its regular meeting
January 23, 1973;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Palm Springs has hereby approved the
"Fourth Amendments to Joint Exercise of Powers
Agreement, creating the Desert Hospital Authority"
dated January 31, 1973,
ADOPTED this 1st day of January , 1973.
AYES : Councilmen Foster, Garcia, Purcell, Schlecht and Mayor
Wief els
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F. D. ALESHIRE
City Clerk
By Sumich /sl F.D. Aleshire
Deputy City Clerk City Manager
APPROVED AS TO FORM CONTENTS APPROVED
ty Attorney
Date /— z y-73 Date
16
I
DESERT HOSPITAL AUTHORITY
3rd Amendment to
AGREEMENT #492
Res #10477, 10-13-72
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RESOLUTION NO. 10477
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THIRD AMENIIiiYNT TO JOINT
POWERS AGREEMENT , CREATING THE DESERT HOSPITAL.
AUTHORITY, BETWEEN CHE C11Y OF PALL SPRINGS AND
THE DFSERT HOSPITAL DISTRICT ,
i
WHEREAS, on December 19, 1960 , the Cii-y entered into a "ie= powers
agreement with the Desert. Hospital District, to create. the Desert
Hospital Authority for the purpose of issuing bonds in order to
carry out the purposes specified in said Agreement; and
WHEREAS amendments to said agreement were adopted by the parties
thereto dated October 28, 196B and on ,April 10, 1972; and
WHEREAS, the City and Hospital District are desirous of making
third am^ndment to said Agreement, to provide for an increase in
the authorized bonded indebtedness from Five Million Five Hundred
Thousand Dollars ($5,500,000. ) to mine Million Five Hundred Thousand
Dollars ($9,500,000. ) ; saidissue or issues to be limited to acquisition
and development of real property contiguous to the present hospital
site owned by the Desert Hospital District and bounded by the center ,
lines of Tachevah on the South, Indian Avenue on the West and Paseo
E1 Mirador on the North; and
WHEREAS, the City Council has reviewed the proposed amendments ,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Palm Springs does hereby approve amendments to Joint Exercise of
Pothers Agreement between the City and the Desert Hospital District,
creating the Desert Hospital Authority, dated October 13, 1972.
ADOPTED this larh day of October 1972.
AYES : Councilmen Foster, Purcell., Schlecht Mayor WieFels
NOES: None
ABSENT: Councilman Garcia
ATTEST: CITY OF PALM SPRINGS , CALIFORNIA,
F.D. ALESHIRE
City Clerk
By SQ. Sumich SIP. D. Aleshire
Deputy City Clerk City Manager
APPROVED AS TO FORM: CONTENTS APPROVED:
City%Attorney
Date /O-
s
Desert Hospital Authority 2nd
amend to AN #492
Res #10297, 4-10-72
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Section 2. Section 2 01 the agreemant datea
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ThiS Agreement shall become y2fective rag of tho
Ma hermaJ," i,lxdas shal-, Oantivae in full 2aKco and offna"'t
Or a period of fifty ya-
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and shall not be terminatea until such time as all
revenue Weds herein provided Or W issued prrouant,-,
hOrW aad the interest thereon shall have beaa pajC-,
in full or adequate provision fu--
have %On made as Hat NEW in the prone,wings for Ah(:,'
isonanoc thexe&.. �L, ,
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hersou that the City shall have no zesponsibility
the payment of all Or any pa,o f the b,,d
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AFMOVED BY TE2 CL2Y COILI-RCIL BY
-ms.
RESOLUTION NO. 10297
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING SECOND AMENDMENT TO JOINT
POWERS AGREEMENT, CREATING THE DESERT HOSPITAL
AUTHORITY, BETWEEN THE CITY OF PALM SPRINGS AND
THE DESERT HOSPITAL DISTRICT,
WHEREAS on December 19, 1966, the City entered into a joint powers
agreement with the Desert Hospital District, to create the Desert
Hospital Authority for the purpose of issing bonds in order to
carry out the purposes specified in said Agreement; and
WHEREAS amendments to said agreement were adopted by the parties
thereto dated October 28, 1968; and
WHEREAS the City and Hospital District are desirous of making
second amendments to said Agreement, to delete reference to
Section 32221 of the Health 9 Safety Code and to extend the term of
the authority from the initial thirty-five years to fifty years;
and
WHEREAS the City Council has reviewed the proposed amendments,
NOW THEREFORE BE IT RESOLVED that the City Council of the City
of Palm Springs does hereby approve amendments to Joint Exercise
of Powers Agreement between the City and the Desert Hospital
District, creating the Desert Hospital Authority, dated April 10,
1972.
ADOPTED this loth day of April , 1972.
AYES: Councilmen Foster, McCoubrey, Pitts, Purcell & Mayor Wiefels
NOES: None
ABSENT: None
ATTEST': CITY OF PALM SPRINGS, CALIFORNIA
F.D. ALESHIRE
City Clerk
By S/ J. Sumich S/ F.D. Aleshire
Deputy City Clerk City Manager
APPROVED AS TO FORM: CONTENTS APPROVED:
I
Ci y Attorney JJ
Date Date
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RESOLUTION NO. 17324
RESOLUTION OF THE CITY OF PALM SPRINGS
APPROVING THE TERMINATION OF THE JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE DESERT
HOSPITAL DISTRICT CREATING THE DESERT
HOSPITAL AUTHORITY
WHEREAS, the City of Palm Springs (the "City") , a f
municipal corporation of the State of California, and the
Desert Hospital District (the "District") , a body, corporate
and politic of the state of California, in order to provide
for the development of certain health facilities in this City
of Palm Springs, entered into an agreement entitled "Joint
Exercise of Powers Agreement Between the City of Palm Springs
and the Desert Hospital District, " dated December 19 , 1966,
as amended on a number of subsequent dates (the "Agreement") ;
WHEREAS, Section 2 of the Agreement provides that, if
all revenue bonds provided for and issued pursuant to the
Agreement shall have been paid in full, or adequate provision
for such payment shall have been made, then the Agreement may
be rescinded or terminated by agreement of the City and the
District;
WHEREAS, the Desert Hospital Authority (the
"Authority") , the public entity created by the Agreement, has
previously issued its $3, 000, 000 Revenue Bonds, dated as of
June 1, 1967, its $4 , 000, 000 1973 Revenue Bonds and its
$15, 000, 000 1977 Lease Revenue Bonds (collectively, the
I
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Resolution No. 024 •
"Bonds") , all as provided for and issued pursuant to the
Agreement;
WHEREAS, the District intends to provide for the
defeasance of the Bonds by depositing with the trustees for
the Bonds monies sufficient to pay the entire indebtedness of
the Bonds as they become due;
WHEREAS, at the termination of the Agreement, all
property of the Authority, both real and personal, shall
automatically vest in the District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Palm Springs as follows:
Section 1. The forms, terms and provisions of the
Termination Agreement dated November S, 1990, by and between
the District and the City, be and they hereby are approved
and the Mayor is hereby authorized and empowered to execute
and the City Clerk is hereby authorized to attest and
deliver, the Termination Agreement, in substantially the form
presented to and considered at this meeting with such changes
as the City Attorney shall deem appropriate and in the best
interests of the City, as conclusively evidenced by execution
thereof.
_2_
Resolution No. 17324
Section 2 . The City Manager and the City Attorney are
hereby authorized and directed, jointly and severally, to do
any and all things, and to execute and deliver any and all
documents which they may deem necessary or advisable in order
to carry out, give effect to and comply with the terms and
intent of this resolution and the document referred to
herein.
PASSED AND ADOPTED this 30th day of October, 1990.
AYES: Councilmembers Hodges, Murawski , Neel and Mayor pro tem Broich
NOES: None
ABSENT: Mayor Bono
ATTEST: CITY OF PALM SPRIGNS, CALIFORNIA
_City Clerk ,City Manager
Reviewed A Approved
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RESOLUTION NO. 9353
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT TO JOINT POWERS AGREEMENT, CREATING THE
DESERT HOSPITAL AUTHORITY, BETWEEN THE CITY OF PALM SPRINGS
AND THE DESERT HOSPITAL DISTRICT.
WHEREAS on December 19, 1966, the City entered into a joint powers
agreement with the Desert Hospital District, to create the Desert
Hospital Authority for the purpose of issuing bonds in order to
carry out the purposes specified in said Agreement; and
WHEREAS the City and Hospital District are desirous of amending
said Agreement to enable said Authority to issue additional bonds
in order to construct additions and improvements to the hospital
facilities serving the City and the District and to be financed
and constructed by the Authority; and
WHEREAS the City Council has reviewed the proposed amendments,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs does hereby approve amendments to Joint Exercise of
Powers Agreement between the City and the Desert Hospital District
creating the Desert Hospital Authority.
ADOPTED this 28th day of October 1968.
AYES: Councilmen Foster, McCoubrey & Pitts
NOES: None
ABSENT: Councilman Selig & Mayor Wiefels
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F.D. ALESHIRE
City Clerk
By S/J. Sumich S/F. D. Aleshire
Deputy City Clerk City Manager
APPROVED AS TO FORM: CONTENT APPROVED
S/F.Metheny �,
City Attorney
Date Date 10 --1-s- 6 6
16-B
CITY (#AIM SPRINGS & DESERT 110SP.
DISTRICT - Desert Hospital Author-
i,ty.
AGREUIENT 1r492 Jai
adopted by Council 12-12.-1=to
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS AND THE DESERT
HOSPITAL DISTRICT CREATING THE DESERT HOSPITAL AUTHORITY
THIS AGREEMENT, dated 2�&Ae.) / 9 , 19 6 �, , by and
between the CITY OF PALM SPRINGS, a municipal corporation of the
State of California (hereinafter called "City") , and the DESERT
HOSPITAL DISTRICT, a body corporate and politic of the State of
California (hereinafter called the "District") '
W I T N E S S E T H a
^�) WHEREAS , the City, pursuant to Title 4, Division 3 , Part 2 ,
Chapter 5, Article 8 of the Government Code of the State of California
(commencing with Section 37650 thereof) and the District, pursuant
to Division 23 of the Health and Safety Code (commencing with Section
*� 32000 thereof) are each empowered to acquire sites for and to
acquire, construct, maintain, operate and lease hospital buildings
or other buildings with facilities and appurtenances necessary or
convenient therefor; and
WHEREAS , the City and the District are of the opinion that
there should be acquired or constructed within the City and the
District facilities for the foregoing purposes ; and
WHEREAS , said facilities will serve and be of benefit to the
inhabitants of the City and of the District ;
NOW, THEREFORE, the City and the District, for and in con-
sideration of the mutual promises and agreements herein contained
do agree as follows :
RECORJEJ OnT JUL'Y 14, 1967,
as Instrument 'Yo. 60963,
Riverside County, California
Section 1. Purpose .
This Agreement is made pursuant to the provisions of
Article 1, Chapter 5, Division 7 , Title 1 of the Government
Code of the State of California (commencing with Section 6500,
hereinafter called "Act") relating to the joint exercise of
powers common to public agencies , in this case being the City
and the District. The City and the District each possess the
powers referred to in the recitals hereof. The sole purpose of
this Agreement is to initiate the exercise of such powers to
acquire, construct, maintain, operate and lease a three story
addition to the existing Desert Hospital facilities including
one hundred and eight (108) new beds , a central sterile supply
area , a pharmacy, a general stores area , an expanded clinical
laboratory and a radio isotope laboratory. (Said site and said
buildings with said facilities and appurtenances are herein re-
ferred to as "Site", as described in Section 7, and "Building",
as described in Section 7, respectively, and are collectively
referred to as "Project") . Such purpose will be accomplished
and said common powers exercised in the manner hereinafter set
forth.
Section 2 . Term.
This Agreement shall become effective as of the date
hereof and shall continue in full force and effect for a period
of thirty five (35) years from the date hereof and shall not be
terminated until such time as all revenue bonds herein provided
for and issued pursuant hereto and the interest thereon shall
have been paid in full or adequate provision for such payment
shall have been made as set forth in the proceedings for the
issuance thereof; provided, however, that: (i) if said revenue
bonds have been paid in full or adequate provision for such
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payments has been made in accordance with the proceedings for
the issuance thereof, this Agreement shall automatically
terminate, and (ii) this Agreement shall terminate three (3)
years from the date hereof in the event no revenue bonds shall
have been issued on or before said date . It is hereby agreed
by the parties hereto that the City shall have no responsibility
for the payment of all or any part of the bond obligation
provided for herein,
Section 3 . Authority.
A. Creation of Authority.
Pursuant to Section 6506 of the Act, there is hereby
created a public entity to be known as "Desert Hospital
Authority" (hereinafter called the "Authority") , and said
Authority shall be a public entity separate and apart from the
City and the District.
B. Governing Board.
The Authority shall be administered by a governing
board of three (3) members , each serving in their individual
capacities as members of the governing board. Each member shall
be appointed by the Board of Directors of the District subject
to the approval of the City Council of the City. Such governing
board shall be called the "Governing Board of Desert Hospital
Authority" . All voting power shall reside in the governing
board . All members of the governing board are to be electors
of the District.
Members of the governing board shall serve for a four
(4) year term; provided, however, initial appointments shall
be for a staggered period to assure continuity as follows : the
District shall appoint one (1) of its initial members for two
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(2) year terms and the other two (2) initial members for
four (4) year terms . The initial term of all members shall be
deemed to commence on the execution of this Agreement . Members
of the board shall serve at the pleasure of the appointing
body and until their respective successors are appointed and
qualified.
C . Meetings of Governing Board .
(1) Regular Meetings .
The governing board of the Authority shall provide
for its regular meetings ; provided, however, it shall hold at
least one regular meeting each year. The date, hour and place
of the holding of the regular meetings shall be fixed by
resolution of the governing board and a copy of such, resolution
shall be filed with each party hereto,
(2) Ralph M. Brown Act .
All meetings of the governing board of the Authority,
including, without limitation, regular, adjourned regular and
special meetings , shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code) .
3 . Minutes ,
The Secretary of the Authority shall cause to be
kept minutes of the regular, adjourned regular and special meet-
ings of the governing board and shall , as soon as possible after
each meeting, cause a copy of the minutes to be forwarded to
each member of the governing board and to the City and to the
District .
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(4) Quorum.
A majority of the governing board of the Authority
shall constitute a quorum for the transaction of business ,
except that less than a quorum may adjourn from time to time ;
provided that the affirmative vote of at least two (2) members
of the governing board shall be required for the approval of
any resolution as to which action of the governing board is
required .
D. Officers .
The District shall appoint the Chairman of the governing
board of the Authority for the first year of its operation and
thereafter said board shall elect its Chairman. Said governing
board shall elect a Vice-Chairman. Said governing board shall
also appoint a Secretary who may but need not be a member of
the governing board. The Treasurer of the Authority shall be
the duly appointed and acting Treasurer of the District serving
ex officio as Treasurer of the Authority and the Auditor of
the Authority shall be the duly appointed and acting Auditor of
Riverside County serving ex officio as Auditor of the Authority
to the extent that: the duties do not cause a conflict . The
attorney for the Authority shall be the duly appointed, qualified
and acting attorney for the District, or his duly authorized
deputy, serving ex officio as attorney for the Authority. The
attorney for the 'District or his designated deputy shall attend
all meetings of the governing board, but his absence shall not
affect the validity of any meeting. In the event of any conflict
between the District and the Authority, the Authority may, with
the prior consent of District, appoint other officers, including,
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without limitation , the offices of Treasurer, Auditor and
Attorney, to represent the Authority in such matter. The
governing board shall have the power, with the prior consent
of District, to appoint and employ such other officers ,
employees , consultants , advisors and independent contractors
as it ma.y deem necessary„
E. Rules .
The governing board of the Authority may adopt, from
time to time, such rules and regulations for the conduct of
its meetings and affairs as may be required.
Section 4. Powers .
The Authority shall have the powers common to City
and 'District set forth in Section 1 of this Agreement, to wit-.
acquiring a site for and acquiring, constructing, maintaining,
operating and leasing hospital buildings and facilities and
appurtenances necessary or convenient therefor (hereinafter
referred to as "common powers") as limited herein . The
Authority is hereby authorized, in its own name, to do all acts
necessary for the exercise of said common powers for said pur-
pose , including, but not limited to, any or all of the following:
to make and enter into contracts, to employ agents and employees ,
to acquire , construct, manage, maintain and operate any buildings ,
works or improvements , to acquire, hold or dispose of property
within the County of Riverside , to lease the Site and Project
or any part thereof, to incur debts , liabilities or obligations
which do not constitute a debt, liability or obligation of the
City or the 'District, and to sue and be sued in its own name ,
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Such powers shall be exercised in the manner provided in said
Act, and, except as expressly set forth herein, subject only
to such restrictions upon the manner of exercising such powers
as are imposed upon the District in the exercise of similar
powers , The Authority may also issue revenue bonds , not to
exceed a total of three million dollars ($3 ,000,000.00) pur-
suant to Article 2 , Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (commencing with
Section 6540, hereinafter called "Bond Act,") and any other
applicable laws of the. State of California .
Section. 5 . Fiscal Year.
For the purposes of this Agreement, the term "fiscal
year" shall mean the fiscal year as established from time to
time by the District, being, at the date of this Agreement, the
period from July 1 to and including the following June 30,
Section 6 . Disposition of Assets ,
At the end of the term hereof or upon the earlier
termination of this Agreement, as set forth in Section 2 hereof,
all property of the Authority both real and personal, including
surplus money, shall automatically vest in District and shall
thereafter remain the sole property of the District, and
the appropriate officers of Authority and/or District shall
execute and deliver to District a quitclaim deed confirming
title in District for record purposes .
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Section 7 . Acquisition of Land and Ground Lease .
The Site shall constitute the site of the present
Desert Hospital District and the present hospital building
thereon. The Site is owned in fee by the District. The
description of the Site is shown on Exhibit A, attached hereto
and made a part hereof.
The District shall lease: the Site to the Authority by
means of the Ground Lease for a term that ends at the same time
as this Agreement for an advance rental of one dollar ($1. 00) .
Section 8 . Plans and Specifications ,
The District has employed architects for the Project
who have designed an addition to the present hospital building
(herein sometimes called "Building") and said architects are
hereby approved by City. The City has approved the general
concept of the Project and retains the right to approve the
final plans solely for the purpose of determining that such
plans do not exceed the additional facilities and cost therefor
as provided in this Agreement„ District shall cause such
architects to prepare plans and specifications for the con-
struction of the Project and to provide: general administrative
supervision of the construction and periodic inspection of the
work. The Authority shall, when it has funds available therefor,
reimburse the District for all costs and expenses incurred in
connection. with, the preparation of said plans and specifications
from the proceeds of the revenue bonds ,
Section 9. Construction of Project.
The District, as agent for Authority, shall contract
for the construction of the Project and carry such construction
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through to completion. Authority shall pay or reimburse, as
the case may be , District for costs incurred and payments made
by District in connection with such construction. District
shall let the construction contract or contracts by competitive
bidding, Such, construction contracts shall be let and adminis-
tered and the work shall be performed in accordance with
applicable standards in substantially the same manner and upon
the same conditions as are normally followed by District in,
constructing its own buildings , provided that in no event shall
said contract or work conflict with applicable laws similarly
applying to City in such areas . The trustee appointed pursuant
to the Resolution for the issuance of bonds of the Authority
shall administer the construction funds in accordance with the
applicable procedures set forth in said Resolution approved by
District. Such procedure shall provide, in substance, that
District shall be paid on demand such amounts as it requires to
meet construction payments a reasonable time prior to the time
when such payments are due, upon such demand forms as District
shall establish.
Section 10 . Benefits to City and District from Project.
Although, as set forth. in Section 12 hereof, the actual
operation of the Project will be the duty of the District, the
accomplishment of the Project by means of the steps set forth
in this Agreement will benefit both the District and the City
in a variety of 'ways ,
The City, although it possesses the power under Section
37650 et seq. of the Government Code to construct, finance and
maintain a city hospital, has not up to the present time pro-
vided any hospital facilities „ It has been unnecessary for
the City of Palm Springs to provide hospital facilities in part because
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of its location within the Desert Hospital District. The
boundaries of the Desert Hospital District include the entire
area of the City of Palm Springs as well as neighboring cities
and unincorporated territory adjacent to the City of Palm
Springs . The City of Palm Springs comprises approximately half
of the assessment valuation of the Desert Hospital District.
The facilities provided for herein are located within and will
serve the residents of Palm Springs ,
Because of the increase in demand for hospital services
and facilities within the City of Palm Springs and the adjoining
area, it will be necessary to provide additional hospital
facilities to meet the increased demand . The need for additional
hospital services and facilities will best be served by an
addition to the existing hospital facilities of Desert Hospital
District by the accomplishment of the Project set forth in
the Agreement.
The Project will benefit the City of Palm Springs directly
by providing adequate health facilities for all municipal
employees , including the police and fire departments .
The creation of an Authority to finance and provide a
framework for cooperation in providing hospital facilities in
the area will permit a closer coordination of City and District
efforts to establish and provide the necessary adjoining
facilities , such as the making of adequate provision for streets ,
on-street parking, sewers , drains , and similar facilities .
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The use of , the Authority created by the present
Agreement could result in significant advantage to the City and
District in securing federal and other grants for the Project,
since it will illustrate a cooperative regional solution to the
problem of providing adequate hospital facilities in the entire
Palm Springs area .
Section 11 . Revenue Bonds .
The Authority shall issue rev._nue bonds in accordance
with the provisions of Article 2 , Chanter 5 , Division 7 , Title 1
of the Government Code of the State of California (commencing
with Section 6540) for the purpose of exercising its power and
raising funds necessary to carry out its obligations under this
Agreement .
The sale and issuance of such revenue bonds by the
Authority shall be sold by competitive bidding or by private
sale and said issue, for the purposes of this Agreement , shall
be limited to three million dollars ($3 , 000 ,000 . 00) . Pursuant
to Section 6551 of the Government Code , neither the City nor
the District will be indebted , liable or obligated for any
of the bonds issued by the Authority under this Agreement .
The services of Bond Counsel, Financing Consultants
and other consultants and advisors working on the Project and/or
its financing shall be used by the Authority. The fees and
expenses of such counsel, consultants and advisors shall be
paid from the proceeds of the -revenue bonds and District shall
be reimbursed from such proceeds for any portion of such fees
and expenses which it has paid prior to the issuance of such
revenue bonds .
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Section 12 . Lease and Operation by the Districts
The Authority established hereunder shall lease the
Project by means of a financing lease, to the District for a
term to end at the same time as this Agreement . This lease
shall not result in a merger of the interest of the Authority
under the. Ground Lease so long as any obligations of the
Authority secured by the Bonds are outstanding. District shall
pay rental in an amount which, together with other payments, if
any, will be not less than the amount required by the Authority
each year to discharge all of its debts and obligations ,
including, without limitation, payment of principal of, and
interest on, its revenue bonds . The District shall operate and
maintain, at its own cost and expense , the Project either acting
on its own behalf or through any other public or private person,
firm, partnership or entity in such manner as shall comply with
any covenants which the Authority makes in the proceedings for
the issuance of its revenue bonds .
The District may in the appropriate circumstance when
required hereunder° (a) make contributions from its Treasury
for the purposes set forth herein, (b) make advances of public
funds to defray the cost of such purposes , (c) make advances of
public funds for such purposes , such advances to be repaid as
provided herein, or (d) use its personnel, equipment or property
in lieu of other contributions or advances . The provisions of
Government Code 6513 are hereby incorporated into this Agreement.
Section 13. Accounts and Reports .
To the extent not covered by the duties assigned to
the Trustee, the Auditor of Authority shall establish and
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maintain such funds and accounts as may be required by good
accounting practice or by any provision of the Resolution for
the issuance of bonds of the Authority. The books and records
of the Authority in the hands of the Trustee or the Auditor shall
be open to inspection at all reasonable times by representatives
of the City and the District. The Auditor of Authority, within
120 days after the close of each fiscal year, shall give a
complete written report of all financial activities for such
fiscal year to the City and to the: District to the extent such
activities are not covered by the report of the Trustee . The
Trustee appointed under the Resolution for the issuance of bonds
of the Authority shall establish suitable funds , furnish financial
M
reports and provide suitable accounting procedures to carry out
the provisions of said Resolution. Said Trustee may be given
such duties in said Resolution as may be desirable to carry out
this Agreement.
Section 14. Funds .
Subject to the applicable provisions of the Resolution
for the issuance of bonds of the Authority, which may provide
for a trustee to receive , have custody of and disburse Authority
funds , the Treasurer of the Authority shall receive , have the
custody of and disburse Authority funds (i) pursuant to the
accounting procedures developed under Section 13 hereof, and
(ii) as nearly as possible in accordance with normal District
procedures , shall make the disbursements required by this
Agreement or to carry out any of the provisions or purposes of
this Agreement.
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Section 15. Notices .
Notices hereunder shall be sufficient if delivered
to:
City - City Clerk, City Hall, Palm Springs , California
District - Secretary of the Board of Directors of
Desert Hospital District, Desert Hospital,
Palm Springs , California.
Authority - Secretary - At such address as Authority
shall designate for such purpose ,
Section 16 . Miscellaneous „
The section headings herein are for convenience only
and are not to be construed as modifying or governing the
language in the section referred to.
Whenever in this Agreement any consent or approval is
required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California,
under the Constitution and laws of such State and is to be so
construed ,
To preserve a reasonable degree of flexibility, many
parts of this Agreement are stated in general terms , It is
understood that there will be operating memoranda executed and
amended from time to time which will further define the rights
and obligations of the parties .
Section 17 , Partial Invalidity,
If any one or more of the terms , provisions , promises ,
covenants or conditions of this Agreement shall to any extent
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e
be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a court of competent jurisdiction each
and all of the remaining terms , provisions , promises , covenants
and conditions of this Agreement shall not be affected thereby,
and shall be valid and enforceable to the fullest extent per-
mitted by law.
Section 18 . Successors .
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties .
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper
officers thereunto duly authorized, and their official seals
to be hereto affixed , as of the day and year first above written.
THE CITYrOF;PALM SPRINGS, CALIFORNIA
By
"f _MAYORS
ATTESTo
F. D. ALESHIREE,City Clerk
By �✓ �' "'
(Seal)
I hereby approve the form and legality of the foregoing
Agreement this z day of �f �, , � r 19 /Z
FRED R. METHENY
City Attorney
BY ��:, �rl ,.1�• r
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• i .
DESERT HOSPITAL DISTRICT
— �-------- — '—
BY ✓ =. .��
President of the Board of Directors
ATTEST-
Asst. Secretary o t e Bard ot Directors
"--(a_eal)
I hereby approve the form and legality of the foregoing
_Agreement this day of fl a'-, u< 19 � ?
F. GILLAR BOYD, JR.
District Counsel
By
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STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE ) q
On this /y L�day of /J cc- I-� _U/ in the year 19 6, 6,
before me, the undersigned , a Notary Public , State of California,
duly commissioned and sworn, personally appeared ��,r,zi ,
known to me to be the Mayor and
known to me to be the City Clerk, respectively,
of the City of Palm Springs , a municipal corporation, that
executed the within instrument, and known to me to be the persons
who executed the within instrument on behalf of said municipal
corporation therein named, and acknowledged to me that such
municipal corporation executed the within instrument pursuant
to a resolution of the City.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Z -
s OFFICIAL SEAL Notary I[Oblic, State of California
/ MARGARET E. BLYTHE MARGARET E. BLYTHE
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN MY Commission Expires Dec. 2$, 1969
M commission
RIVERSIDE COUNTY = y commsson expires
(Notarial Seal)
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y �
STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE )
On this aday of December in the year 19 66 ,
before me, the undersigned, a Notary Public, State of California,
duly commissioned and sworn, personally appeared Kenneth. B.
Kirk , known to me to be the President of the Board
of Directors , and Elsie M. Cromwell known to me to be
Asst.
the/Secretary of the Board, respectively, of the Desert Hospital
District, a public corporation, that executed the within instrument,
and known to me to be the persons who executed the within in-
strument on behalf of said public corporation therein named, and
acknowledged to me that such public corporation executed the
within instrument pursuant to a resolution of the Board of Directors
of said Desert Hospital District.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
Notary Public, State ot California
E.
h w
M commission expires ,J
G1�,"J7,nS" p4:BLh;-:Ft.IFS>8N9a y Al ���9
(Notarial Seal)
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