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HomeMy WebLinkAbout1/1/2011 - CRA RESOLUTIONS RESOLUTION NO. 1428 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12. WHEREAS, Resolution No. 1420 approving the Budget for the Fiscal Year 2011-12 was adopted on June 1, 2011; and WHEREAS the Executive Director has recommended, and the Board of the Community Redevelopment Agency desires to approve, certain amendments to the budget for Fiscal Year 2011-12. NOW THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND APPROVES AS FOLLOWS: SECTION 1. The Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and Resolution No. 1420, adopting the Budget for Fiscal Year 2011-12 is hereby amended as follows: SOURCE(S): Fund Activity Account Amount 852 Merged Area#2 29301 Fund Balance 1 1220,780 ADDITION(S): Fund Activity Account Amount 852 Merged Area #2 8202 Tahquitz Andreas Pending Voluntary 220,780 Alternative Cont Pro ram PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 2011. David H. Ready utive Director ATTEST: mes Thompson, Secretary Resolution No. 1428 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1428 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on September 21, 2011, by the following vote: AYES: Board Member Foat, Board Member Hutcheson, Board Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, Secretary t ego 901 f Community Redevelopment Agency City of Palm Springs, California RESOLUTION NO. 1427 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR THE 2011-12 FISCAL YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Sections 33334.2 and 33334.3 of California's Community Redevelopment Law [Health & Safety Code §§33000, at seq.] ("CRL") require the Community Redevelopment Agency of the City of Palm Springs ("Agency") to use twenty percent (20%) of taxes allocated to the Agency pursuant to Section 33670 of the CRL ("Tax Increment") for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing and to hold such funds in a separate Low and Moderate Income Housing Fund until used ("Low and Moderate Income Housing Fund"). Section 2. Assembly Bill 1X 27 ("AB 27") was passed by the State Legislature and signed by the Governor on June 29, 2011 and is codified as Part 1.9 of the California Health and Safety Code ("Part 1.9"). Section 3. ABX1 27, upon the concurrent enactment of Assembly Bill 1X 26, establishes a voluntary alternative redevelopment program whereby the Agency is authorized to continue to exist upon the enactment of an ordinance by the City of Palm Springs ("City") to comply with the provisions of Part 1.9, including payment of an annual remittance to the County Auditor-Controller("Remittance Ordinance"). Section 4. ABX1 27 authorizes the Agency to enter into an agreement with the City whereby the Agency would transfer a portion of its Tax Increment to the City in an amount not to exceed the amount of the City's annual remittance to the County Auditor-Controller("Remittance Agreement"). Section 5. ABX1 27 authorizes the Agency to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year if the City complies with the provisions of Part 1.9 and the Agency finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement. Section 6. The Agency has reviewed and duly considered the Staff Report, documents and other written evidence presented at the meeting and believes that it will be in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year by $3,215,600 ("Allocation Reduction"). Resolution No. 1427 Page 2 Section 7. All other legal prerequisites to the adoption of this Resolution have occurred. Section 8. The Agency has received and heard all oral and written objections pertaining to this matter, and all such oral and written objections are hereby overruled. Section 9. The Agency hereby finds and determines that the foregoing recitals are true and correct. Section 10. Based upon evidence in the record, the Agency finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement, and that funds in its Debt Service and Capital Improvement Funds have been earmarked for existing bonded debt obligations, payment under development agreements, repayment of the City operating loan, amounts due under tax sharing agreements and the first installment for the borrowing of the 2009-10 SERAF payment from the Housing Fund. Section 11. The Agency finds and determines that it is necessary to implement the Allocation Reduction for the 2011-2012 Fiscal Year. Section 12. The Agency Executive Director, or designee, is hereby authorized to take such actions as are necessary and appropriate to carry out and implement the Allocation Reduction for the 2011-2012 Fiscal Year upon the City's enactment of the Remittance Ordinance. Section 13. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS THIS 21ST DAY OF SEPTEMBER, 2011. David H. Ready, Exe irector ATTEST: James Thompson, Secretary Resolution No. 1427 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1427 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on September 21, 2011, by the following vote: AYES: Board Member Foat, Board Member Hutcheson, Board Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, Secretary tplaq tov ommunity Redevelopment Agency City of Palm Springs, California RESOLUTION NO. 1426 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH. THE BOARD OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FINDS: A. The Community Redevelopment Agency of the City of Palm Springs (the "Agency") is a redevelopment agency in the City of Palm Springs (the "City"), created pursuant to the Community Redevelopment Law [California Health & Safety Code §§33000, et seq.] ("Redevelopment Law"). B. The Central Business District Redevelopment Project was established on July 11, 1973, by Ordinance No. 959 and amended by Ordinance No. 1276 on November 11, 1986, Ordinance No. 1497 on December 21, 1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009. C. The South Palm Canyon Redevelopment Project was established on November 30, 1983, by Ordinance No. 1203 and amended by Ordinance No. 1494 on December 21, 1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009. D. The Ramon-Bogie Project was established on November 30, 1983, by Ordinance No. 1202 and amended by Ordinance No. 1490 on December 21,1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009. E. The Oasis Redevelopment Project was established on July 10,1994, by Ordinance No. 1224 and amended by Ordinance No. 1495 on December 21, 1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004. F. The North Palm Canyon Redevelopment Project was established on September 19,1984, by Ordinance No. 1227 and amended by Ordinance No. 1498 on December 21,1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004. G. The Highland-Gateway Redevelopment Project was established on November 20, 1984, by Ordinance No. 1231 and amended by Ordinance No. 1491 on December 21, 1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004. Resolution No. 1426 Page 2 H. Project Area No. 9 was established on December 29, 1988, by Ordinance No. 1321 and amended by Ordinance No. 1496 on December 21, 1994 and Ordinance Nos. 1649 and 1651 adopted May 4, 2004. I. The Central Business District Redevelopment Project, the South Palm Canyon Redevelopment Project, the Ramon-Bogie Redevelopment Project, the Oasis Redevelopment Project, the North Palm Canyon Redevelopment Project, and the Highland-Gateway Redevelopment Project were merged on May 31, 2000, by Ordinance No. 1584 to become Merged Project Area No. 1. J. The Tahquitz-Andreas Redevelopment Project was established on July 19,1983, by Ordinance No. 1187 and amended by Ordinance No. 1489 on December 21,1994; Ordinance 1576 on December 15,1999; Ordinance Nos. 1650 and 1652 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009. K. The Baristo-Farrell Redevelopment Project was established on May 7,1986, by Ordinance No. 1267 and amended by Ordinance No. 1493 on December 21, 1994; Ordinance 1576 on December 15,1999; and Ordinance Nos. 1650 and 1652 adopted May 4, 2004. L. The Canyon Redevelopment Project was established on July 19, 1991, by Ordinance No. 1388 and amended by Ordinance No. 1492 on December 21, 1994 and Ordinance Nos. 1650 and 1652 adopted May 4, 2004. M. The Tahquitz-Andreas Redevelopment Project, the Baristo-Farrell Redevelopment Project and the Canyon Redevelopment Project were merged on May 31, 2000, by Ordinance No. 1583 to become Merged Project Area No. 2. N. The Agency is undertaking a program to redevelop the Project Areas. O. ABX1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of ABX1 26, ABX1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. Effective October 1, 2011, ABX1 26 dissolves all existing redevelopment agencies and redevelopment agency components of community development agencies, provides for the designation of successor agencies as successor entities to former redevelopment agencies, and imposes numerous requirements on the successor agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85. P. Health and Safety Code Section 34169(h), which is set forth in Part 1.8, requires a redevelopment agency to prepare a preliminary draft of an Initial Recognized Obligation Payment Schedule by no later than September 30, 2011. The IROPS must list the minimum amounts that must be paid by the successor agency over a six (6) month period to fulfill its enforceable obligations during that period, with the first schedule covering the period from January 1, 2012 to June 30, 2012. Resolution No. 1426 Page 3 Q. ABX1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline being October 1, 2011), by the City Council of the city which includes that redevelopment agency of an ordinance to comply with Part 1.9. Pursuant to Health and Safety Code Section 34192, if a city participates in the Alternative Voluntary Program and complies with all requirements and obligations contained in Part 1.9, the redevelopment agency in that city will be exempt from Part 1.8 and Part 1.85. R. The California Redevelopment Association and League of California Cities have filed a lawsuit in the Supreme Court of California alleging that ABX1 26 and ABX1 27 are unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear the case and set a briefing schedule designed to allow the Supreme Court to decide the case before January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay order, which was subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme Court granted a stay of all of ABX1 27 (i.e., Part 1.9), except for Health and Safety Code Section 34194(b)(2) (relating to the determination of cities' fiscal year 2011-12 remittance amounts) and a partial stay of ABX1 26. With respect to ABX1 26, Part 1.85 was stayed in its entirety, but Part 1.8 (including Health and Safety Code Sections 34167 and 34169) was not stayed. Accordingly, the Agency desires to approve a preliminary draft of an Initial Recognized Obligations Repayment Schedule. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. This Resolution is adopted pursuant to Health and Safety Code Section 34169. SECTION 3. The Agency hereby approves the preliminary draft of an Initial Recognized Obligations Repayment Schedule substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "IROPS"). The Executive Director of the Agency, in consultation with the Agency's legal counsel, may modify the IROPS as the Executive Director or Agency Counsel deems necessary or advisable. SECTION 4. The Agency Secretary is hereby authorized and directed to transmit a copy of the IROPS to the successor agency designated pursuant to Part 1.85 if a successor agency has been designated. SECTION 5. The Agency hereby designates the Director of Finance or the Director of Community & Economic Development as the officials to whom the Department of Finance may make requests for review in connection with the ROPS and who shall provide the Department of Finance with the telephone and e-mail contact information for the purpose of communicating with the Department of Finance. Resolution No. 1426 Page 4 SECTION 6. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. SECTION 7.The approval of the IROPS is not intended and shall not constitute a waiver by the Agency of any right the Agency may have to challenge the legality of all or any portion of ABX1 26 or ABX1 27 through administrative or judicial proceedings. SECTION 8. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 of seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 2011. David H. Ready, Give Director ATTEST: ames Thompson, Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1426 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on September 21, 2011, by the following vote: AYES: Board Member Foat, Board Member Hutcheson, Board Member Mills, Vice Chair Weigel, and Chair Pougnet NOES: None. ABSENT: None. ABSTAIN: None. 6/1 nes Thompson, Secretary 1 e/y}/=ori Community Redevelopment Agency City of Palm Springs, California Name of Redevelopment Agency: Conexanity Redevelo ment Anancy of the City of Palm S dos Page t of 3 Pagea Project Awa(a) Merged Project No.1 an Marred Project No.2 PRELIMINARY DRAFT OF INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE - Per AS 25-Section MIST and 34169(') Tod Outstanding TOW Due During Source of SOPS Total Pa maul by Mr, Pro ctName/DebtD Bon Paw Description Dold"Obfiludlon Fiscal Year Pointed ANOse Jan Feb Mar May M319670 TOW 1 2001 Housin Tax Allocation Bonds 9enk Of New York Mda Trust ReManm 1991 HousingTax Allocation Bon b030 90 01.03 LMIHF 3611834 92769 92769 2 2004 Tax Allocation Refunding Bone,Series Bank of Now York Melon Trust ReManca 19N Tax Allocation Bonds 24QOB86 1200053 RPTTF 824554 378489 355459 3 2004 Tax Allocation RefundingBonds Sods.8 Bank of New York Mallon Trust Refinanca ION Tow Allocation Sends 16453293 607005 RPTTF 390628 218378 218378 4 2001 Tax Allocation Bond• Serve Bank of New York Mellon Tnel Capital Proede 23960311 619226 RPTTF W9613 30982 300612 S 2007 Taxable Tax Allocation Bands Sams Bonk of New York Md.Trust Pro uteitign - 38644511 1172I RPTTF 58647 58647 58647 e 20o7 Taxable Tex Allocation Bonds Sada.0 Bankof New York MNlan Tmat Pro Acquisition 12407609 521513 RPTTF M515/ IN.Wit 105888 SS 211 FarmM-Rivoraide CountyRh+rdle Coun Tax Shad Pursuant b Slogan 33807.7 744M7 27708 RPTTF 4687 23M1 8 SB 211 Pa meM- of Pal.S Po s C ofPalm Boards; Tax Shinn PunuaM b Section 3WO7.7 115735041 347285 RPTTF 27615 31987119 SB 211 Pa roont-PalmM n s Unified School Dl PalmS do s UnlBed Sdwol District Tax Shaun Pursuant to Section 33W7T 10018601 234244 RPTTF 28298 2W 94610 88211 Po ment-Celle eof tee Dosed Coll eoftiro Desert Tax Shatln PunueM to Section 33607,7 2559455 BB BBB RPTTF 7312 5036411 S 211 Pa ment-Count Oltia of Education Coun Once of Eduatlon Tax Shan Pursuant to Bad.330W 7 1555 795 38 BT5 RPTTF 4 083 32 212 L21 SB 211 Pe men-Riverside County Regional Park Rlvenids County Re lanal Park Tax Sharing Pursuant to Section 336077 315184 8083 RPTTF 1 390 4693 4693 13 SS 211 Pa meal-Rlvenids CountyFlood Control Rivendo CountyFlood Control Tex Shed Pursuant b Section 336071 310302 8465 flPTTF 217 8248 8248 - 1458211PalroM-Cemfo District CamberDistrict Tax She Pursuant to Section 33607.7 45000 716 RPTTF 109 825 825 1558211 Pa meal-IsolatedDistrkl Hoe ' Dialect Tax ShowingPunuantbSecond 33807.7 1177715 23905 RPTTF 19M 22 W3 22003 16 OR 211 P mom-Moe Mosquito Abatement InsMd Mosquito Abatshout Dadiicl I."earn Pursuant to Section 33007.7 3515T 1347 RPTTF 228 1119 1119 - 17 58 211 P ment-Rasoume Consmvatia Dlehict Rewum Conservation DisMd Tax Shern Pursuant 10 Section 3WO7.7 4,574 1 RPTTF 13 BB 69 18 SB 211 Pa ment-Coacholl•ValleyWeyer District Coachella Vall VVtrler District Tax Shading Pursuance b Section 33807.7 768 9 RPTTF 1 8 8 19 SB 211 Pa manl-CVVVO Storm Water District CV WD So"under DISMd Tax Sharing Pursuant b Section 33607.7 973 11 RPTTF 1 10 10 20 ConWctoal-Rivenlde Coun Rivmside Coun To.Sharing Pursuant lO Section 33401 133111557 33630M RPTTF 0 1881522 1661522 33630M 21 Contractual-Riverold•Coun Deteml Rlwnbe CountyTax SharingPursuant SOOBDn 3310t Def 3715908 106171 RPTTF 530855 530955 530855 22 ConWn Al-Palm n s United School District Pelm$ 'n s UnByed School Dletdd Tax Shad Punuenl b SacBan 33401 52 272 210 2,614,515 RPTTF 1291408 121107 12M 107 23 Cwddual-Cope altln Need collegeof be Dowd Tax ShadingPursuant b Monaco 33401 11281449 580809 RPTTF 280404 2804p5 280405 24 Contractuel-Co Office of Education CountyOlfia of Education Tax Shaft Pursuant to Section 33401 8133086 308710 RPTTF L424 153355 153355 - 25 Contractual-Riverside CountyFlood Control Rlvenlde Coun Flood Control Tax She' Pursuant Is Susan 33401 18218100 512316 RPTTF 238168 238158 36000 512316 28 Conlranual-Cement Dlsbcl Centenary District Tax Shatln Pursuant W Shoon 33401 628989 30404 RPTTF 15202 18202 ' 27 Contra el-Mo ullo AbaWant District Mo uBOAn temenI District Tax Shatln Pursuant to Section 33401 6370571 311883 RPTTF 155941 156941 28 Contnolu l-Coachella Valle Water District Desert VVater m Tax Bharin PunuoMbbactian 33401 11984 547 RPTTF 273 273 2B Contractual-Cased WalerAan Dared Weyer on Tax Shaun Pursuant[b Section 334M 2080354 8578 RPTTF iHB4 14481 28928 30 C Mnxctnl-Dowd Man Agency DS Override Dosed Water en Tax SharingPursuant to Seclbn 33402 17228000 78]000 RPTTF 2610M 261000 522000 0 TOMH-Thb Page W7189404 13M.M 2450535 1625018 0 0 1919850 2886325 8783558 ' ToyeM-Pege2 546B7of B 1 73115115 B5 460043 5MM 13954M W21W 210495 3367132 Touts-Pege3 iB6]M OOD 821 50 3 2B0 632(N) 306000 ORIN 1855100 anon 0 Grand total-Ad Pa ea RPTTF•Redevelopment Property Tax Trust Fund LMIHF•Low and Moderate Income Housing Fund ACA•Adminidenve Cast Allowance N C,l1 Nome of RabwNapmem Agency: Cammumv R*dsvetc mernAgency of Me CBv a Pal Samoa Ma)acl Arss(s) Merged Proled No i and Montag Pooled No.2 Pe9e 2.of 3 Pages PRELIMINARY DRAFT OF INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AS 28•SOCd0n 34187 and 34189 r) ad Name/Debt P D91cotion Total Oudterking Tote)Due During Source a EOPS Total Pa memo b moron Obl on Fiscal Year Payment A pw Jan —Feb or q nl Ma Juna Total 1 BERAF Lone low Fund! lean l Hou Fun tar FY2008/70 wd 201 a11SERAF ot Palm 50BB Bq8 CBylwnantl IMxart 3 la Rsimpseenkm of Palm and AbmmhbaBve Costs 1049000 1848000 RPTTF 0 PSL-238 LMN 2860000 110000 RPRF 110000 1849000 1849000 1 IarRWrldaaamNa of Palm SwnlneM' PaHW Pre nlemaP8L 2381aue 1,516,690 101100 RPTT 0 5 lean 1pn MW Houston Fund Wen b Me W P am No.7 101 108 101108 8 HoN Dalernl Recommend law Mad Hous Fund Pr►1980$etgaltla teneb 740832 71378 RPTTF 74316 74315 7 2004Covamon Canla Bonds aPNm dos 1 M2889 RPTTF 0 B A emfa Ram9wnemam A w c wbudm to CowonOon Canter 38800000 1800000 RPTTF 800000 900000 C ofPalm aNhstewaler Fund - 1120380 MOO RPITF e00000 B Salutes and BerNSte - 73820 73820 1 A C aPs9n s 20705000 813480 AG Of Palen. 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J050000 880000 1".Income 275M 56000 55000 53000 55000 WON 53000 330000 7 20%Housln Set"Ws Low Mod HousingFund Housln Pm'cd and me 100478400 3242200 RPTTF 1,521,100 1521100 9242200 8 Fbod Conbol Truel Fund Various Flood Conbol To.Shade Agency Account 1000000 Reserve B NI hlen ad Manorl ,emend Low Mod HousingFund Low Mod Housin ProW 50000 80000 LMIHF 80000 00000 10 Howie Pro sots and Pm nma Low Mod Housln Fund Fund Badids Dael oared brHousln Proa 10160000 LMIHF 250000 250000 250000 250000 260000 1250000 11 ReMltana roemenl cityof PelmS tlna Rsimburoement for AB 27 Pe nts 20921 NO 3438380 RPTTF 7710190 12 1710 i00 3438300 13 14 15 is 7 1a 10 20 21 22fl 23 24 25 25 2 25 2B 30 31 32 33 34 35 38 37 38 30 40 Totals-This Page 1f105702000.00 8217,580 1 1 424,000 3 337200 455M, 532,000 305,000MI RPTTF•Redevelopment Property Tax Tmsl Fund LMIHF•Low and Motlerote Income Housing Fund ACM Administ a Wa Cost Allowance v i RESOLUTION NO. 1425 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 363 AND AUTHORIZING THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF COMMUNITY REDEVLOPMENT AGENCY MONIES IN THE LOCAL AGENCY INVESTMENT FUND. WHEREAS, pursuant to Chapter 730 of the Statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for the purposes of investment by the State Treasurer; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs does hereby find that the deposit and withdrawal of monies in the Local Agency Investment Fund, in accordance with the provisions of Section 16429.1 of the Government Code, for the purposes of investment as stated therein, to be in the best interests of the Agency. NOW THEREFORE THE COMMUNITY REDEVELOPMENT AGENCY DETERMINES, RESOLVES AND APPROVES AS FOLLOWS: SECTION 1. That the deposit and withdrawal of Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment, as stated therein, is hereby authorized. SECTION 2. That the following Community Redevelopment Agency of the Palm Springs officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund, on behalf of the Agency: Geoffrey S. Kiehl - Director of Finance and Treasurer James Thompson - City Clerk/Assistant Secretary Nancy Klukan -Assistant Director of Finance Robert Burkholder-Accountant (Deputy Treasurer) ADOPTED this 7TH DAY OF SEPTEMBER, 2011. ATTEST: David H. Ready, Exe hector ames Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, California, hereby certify that Resolution No. 1425 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on the 7ch day of September, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Agency Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ?mes Thompson, Assistant Secretarymunity Redevelopment Agency of The City of Palm Springs, California aq/2g�2O11 RESOLUTION NO. 1424 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) PURSUANT TO ABX1 26 AND ABX1 27. WHEREAS, the Agency Board of the Palm Springs Community Redevelopment Agency ("Agency") approved and adopted the Amended and Restated Redevelopment Plans for the Merged Project Areas No. 1 and No. 2 ("Redevelopment Plan") covering properties within the Agency (the "Project Areas"); and WHEREAS, the Agency is engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ("CRL"); and WHEREAS, since the dates of adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, over the next few years, the Agency hopes to implement a variety of redevelopment projects and programs to continue to eliminate and prevent blight, stimulate and expand the Project Area's economic growth, create and develop local job opportunities, and alleviate deficiencies in public infrastructure, to name a few; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills ABX1 26 and ABX1 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts a resolution committing it to making certain payments; and WHEREAS, specifically, ABX1 26 prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, additionally, ABX1 26 which eliminates redevelopment agencies also requires all Agencies to wind-down their affairs unless the Agencies are extended through compliance with the requirements of ABX1 27; and WHEREAS, as part of this wind-down process, all redevelopment agencies are required to file a schedule of "enforceable obligations" that require payments to be made through the end of the calendar year 2011; and Resolution No. 1424 Page 2 WHEREAS, under the threat of dissolution pursuant to ABX1 26, and based upon the contingencies and reservations set forth herein, the Agency establishes the foregoing Enforceable Obligation Payment Schedule (the "Schedule") to be able to continue redevelopment activities that were begun prior to the effective date of ABx1 26; and WHEREAS, the Agency reserves the right to appeal any determination of the California Director of Finance or other entity regarding the propriety of this resolution as well as any future determinations; and WHEREAS, the Agency is aware that an action challenging the constitutionality of ABX1 26 and ABX1 27 has been filed on behalf of cities, counties and redevelopment agencies; and WHEREAS, while the Agency currently intends to comply with the state- mandated obligations established hereunder, they shall all be made under protest and without prejudice to the Agency's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional or otherwise infirm, including state-mandated costs for complying with the establishment of the Schedule and any amendments thereto; and WHEREAS, the Agency reserves the right, regardless of any actions taken pursuant to this resolution, to challenge the legality of ABX1 26 and ABX1 27 and seek reimbursement for compliance costs of this state-mandated program; and WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains, or invalidates the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to this Schedule or comply with the terms and conditions of ABX1 26 and ABX1 27 and this resolution shall not be construed as any waiver or disclaimer of its rights with respect to such injunction, restraint or stay; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the Agency Board of the Palm Springs Community Redevelopment Agency does resolve as follows: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. The Enforceable Obligation Payment Schedule, attached hereto and incorporated herein by reference as "Exhibit A", is hereby adopted, subject to all reservations of rights and contingencies set forth above. Resolution No. 1424 Page 3 SECTION 3. The Executive Director or designee is authorized to take all actions necessary to implement this Resolution, including without limitation, the posting of this Resolution and the Enforceable Obligation Payment Schedule on the Agency's website, and the provision of notice of adoption of this Resolution and such Schedule to County auditor-controller, the State Controller and the State Department of Finance. PASSED, APPROVED, AND ADOPTED at a special meeting of the Community Redevelopment Agency of the City of Palm Springs, California, on this 25th day of August, 2011. David H. Ready, irector ATTEST: mes Thompson, Agency Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Secretary of the Community Redevelopment Agency of the City of Palm Springs, California, hereby certify that Resolution No. 1424 was adopted by the Agency at a special meeting held on the 25th of August, 2011, and that the same was adopted by the following vote: AYES: Board Member Foat, Board Member Mills, and Chair Pougnet. NOES: None. ABSENT: Board Member Hutcheson and Vice Chair Weigel. ABSTAIN: None. mes Thompson, Agency Secretary Community Redevelopment Agency City of Palm Springs, California rely z.G/zoE✓ RESOLUTION NO. 1423 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS. A6124. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Real Property Cooperation Agreement between the City of Palm Springs and the Community Redevelopment Agency for Payment of Costs Associated with Certain Community Redevelopment Agency-Funded Capital Improvement and Affordable Housing Projects ("Agreement') is hereby approved. SECTION 2 The Executive Director or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED THIS 6tn day of July, 2011. ATTEST: David H. Ready, Ex erector ames Thompsorr, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of City of Palm Springs, hereby certify that Resolution No. 1423 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on July 6, 2011, by the following vote: AYES: Agency Members Foat, Hutcheson, Mills, and Vice Chair Weigel. NOES: None. ABSENT: Chair Pougnet. ABSTAIN: None. es Thompson, Assistant Secretary ommunity Redevelopment Agency of the City of Palm Springs, California0�/�T'Z81 RESOLUTION NO. 1422 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFRONIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PS HOUSING PARTNERS, LP FOR A FINANCIAL COMMITMENT FOR A 23-UNIT LOW INCOME ACQUISITION AND REHAB SENIOR HOUSING PROJECT IN AN AMOUNT NOT TO EXCEED $1,500,00.00. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the AAgency@) has established an affordable housing set aside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, Sunset Palm Senior Apartments, proposed for low-income seniors, was submitted for funding in the March 23, 2011 application round of the California Tax Credit Advisory Commission for 9% Low Income Housing Tax Credits (LIHTC) under Article 42 of the Internal Revenue Code; and WHEREAS, the property developers, PS Housing Partners, LP, sought Agency financial assistance to cover a portion of the development cost; and WHEREAS, the property developers will apply for project funding from State HOME funds and the Affordable Housing Program (AHP) of the Federal Home Loan Bank Board and and have requested Agency assistance to strengthen the application; and WHEREAS, while all of the units are income-restricted under agreements with CTAC, the owners shall agree to restrict, though a Regulatory Agreement approved as an attachment to the Owner Participation Agreement, the rents on the proposed units to levels affordable to families with incomes no more than 60% of Area Median Income (AMI); and 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: Resolution No. 1422 Page 2 a) The project has been environmentally assessed and determined to be a Class 1 Categorically Exemption under CEQA (Section 15301) as an Existing Facility. b) Under CEQA, Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project involves negligible or no expansion of an existing use. SECTION 3. The Developer has proposed acquiring and rehabilitating 23 low- and very low-income apartment units on the site, including 19 studio units, 3 one-bedroom units, 1 two- bedroom units, and 1 manager's unit. This project helps the City meet its requirements to provide affordable housing under California law. SECTION 4. The OPA effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety and general welfare of the people of Palm Springs. SECTION 6. The proposed project is consistent with the Five Year Implementation Plan and Housing Compliance Plan for the Palm Springs Community Redevelopment Agency, insofar as this project will provide additional housing for persons of low- or moderate income within the City of Palm Springs. SECTION 7. Based on foregoing reasons, this Owner Participation Agreement with PS Housing Partners, LP is hereby approved and incorporated herein by this reference. SECTION 8. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Owner Participation Agreement and other documents necessary to the Agreement, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. Resolution No. 1422 Page 3 PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF JUNE, 2011. David H. Ready, ive Director ATTEST: ?am�es Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, do hereby certify that Resolution No. 1422 is a full, true and correct copy, and was adopted at a regular meeting of the City Council of the City of Palm Springs on the 15th day of June, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Agency Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, Assistant Secretary Community Redevelopment Agency City of Palm Springs, California pb(ggl9ot RESOLUTION NO. 1421 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CALIFORNIA AUTHORIZING THE TRANSMITTAL OF THE UNIFIED REPORT FOR THE PROPOSED MERGER OF MERGED PROJECT AREA NO. 1 WITH MERGED PROJECT AREA NO. 2. WHEREAS, the Central Business District Redevelopment Project was established on July 11, 1973, by Ordinance No. 959 and amended by Ordinance No. 1276 on November 11, 1986, Ordinance No. 1497 on December 21, 1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and WHEREAS, the South Palm Canyon Redevelopment Project was established on November 30, 1983, by Ordinance No. 1203 and amended by Ordinance No. 1494 on December 21, 1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and WHEREAS, the Ramon-Bogie Project was established on November 30, 1983, by Ordinance No. 1202 and amended by Ordinance No. 1490 on December 21,1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and WHEREAS, the Oasis Redevelopment Project was established on July 10,1994, by Ordinance No. 1224 and amended by Ordinance No. 1495 on December 21, 1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and WHEREAS, the North Palm Canyon Redevelopment Project was established on September 19,1984, by Ordinance No.1227 and amended by Ordinance No. 1498 on December 21,1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and WHEREAS, the Highland-Gateway Redevelopment Project was established on November 20, 1984, by Ordinance No. 1231 and amended by Ordinance No. 1491 on December 21, 1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and WHEREAS, Project Area No. 9 was established on December 29, 1988, by Ordinance No. 1321 and amended by Ordinance No. 1496 on December 21, 1994 and Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and WHEREAS, the Central Business District Redevelopment Project, the South Palm Canyon Redevelopment Project, the Ramon-Bogie Redevelopment Project, the Oasis Redevelopment Project, the North Palm Canyon Redevelopment Project, and the Highland-Gateway Redevelopment Project were merged on May 31, 2000, by Resolution No. 1421 Page 2 Ordinance No. 1584 to become Merged Project Area No. 1; and WHEREAS, the Tahquitz-Andreas Redevelopment Project was established on July 19,1983, by Ordinance No. 1187 and amended by Ordinance No. 1489 on December 21,1994; Ordinance 1576 on December 15,1999; Ordinance Nos. 1650 and 1652 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and WHEREAS, the Baristo-Farrell Redevelopment Project was established on May 7,1986, by Ordinance No. 1267 and amended by Ordinance No. 1493 on December21, 1994; Ordinance 1576 on December 15,1999; and Ordinance Nos. 1650 and 1652 adopted May 4, 2004; and WHEREAS, the Canyon Redevelopment Project was established on July 19, 1991, by Ordinance No. 1388 and amended by Ordinance No.1492 on December 21, 1994 and Ordinance Nos. 1650 and 1652 adopted May 4, 2004; and WHEREAS, the Tahquitz-Andreas Redevelopment Project, the Baristo-Farrell Redevelopment Project and the Canyon Redevelopment Project were merged on May 31, 2000, by Ordinance No. 1583 to become Merged Project Area No. 2; and WHEREAS, the City of Palm Springs Community Redevelopment Agency (the "Agency") has expressed a desire to merge Merged Project Area No. 1 and Merged Project Area No. 2 into a single Consolidated Palm Springs Redevelopment Project Area; and WHEREAS, the Agency shall prepare a Unified Report, which shall be transmitted to each affected taxing entity as well as the State Department of Finance and the Department of Housing and Community Development in accordance with Sections 33344.5 and 33451.5 of the Community Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.). THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Executive Director of the Agency, or his designee, is hereby authorized and directed to make the necessary transmittals of the Unified Report upon its completion. SECTION 2. Copies of the Unified Report shall be on file and shall be available for public review. Resolution No. 1421 Page 3 ADOPTED this 15th day of June, 2011. David H. Ready�x tive Director Attest: mes Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1421 is a full, true and correct copy, and was duIX adopted at a regular meeting of the City Council of the City of Palm Springs on the 15 day of June, 2011, by the following vote: AYES: Agency Member Foat, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: Agency Member Hutcheson and Agency Member Mills. ABSTAIN: None. AmEs Thompson, Assistant Secretary munity Redevelopment Agency yof Palm Springs, California DbfZS�Zo1 � RESOLUTION NO. 1420 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2011-12, AND OTHER SUCH MATTERS AS REQUIRED. WHEREAS, a budget for the fiscal year 2011-12 has been prepared by the Community Redevelopment Agency, Director of Community & Economic Development, and the Agency Treasurer; and WHEREAS, the Community Redevelopment Agency has examined said budgets and conferred with the Community Redevelopment Agency Executive Director; and WHEREAS, the Community Redevelopment Agency, after due deliberation and consideration, agrees with the budget recommended; and WHEREAS, pursuant to Health & Safety Code Section 33334.3 (d), the Agency hereby finds and determines that the planning and administrative expenses to be paid from the Low and Moderate Income Housing Fund for each redevelopment project are necessary for the production, improvement or preservation of low and moderate income housing and are not disproportionate to the amounts budgeted for the costs of production, improvement or preservation of that housing; and WHEREAS, the Agency's planning and administrative expenses paid from the Low and Moderate Income Housing Fund for the production, improvement or preservation of low and moderate income housing pay for a portion of staff and legal costs necessary to facilitate new construction projects and administer individual rehabilitation and purchase programs, land and property acquisition and disposition, multi-government agreements, and bond issues related to low and moderate income housing. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. That the budget in the amount of $23,728,283 be approved for the following purposes: Capital & Admin. Debt Service Merged Area No. 1 $ 1,189,018 $12,575,875 Merged Area No. 2 748,472 6,295,178 Low& Mod. Income Housing 2,920,109 0 $ 4,857,599 $ 18,871,053 Section 2. That the Finance Director of the City of Palm Springs is authorized to record the budget and such other accounting entries as may be necessary for proper Resolution No. 1420 Page 2 accounting treatment in accordance with rules and regulations applicable to other City of Palm Springs funds. Section 3. That the Work Program for Low and Moderate Income Program in Fiscal Year 2011-2012 is as follows, including total Agency assistance committed: Sunset Palms Apts. $1,500,000 Unscheduled Capital Projects $ 500,000 Nightengale Manor Improvements $ 60,000 Riverside County Admin Fee $ 50,000 Section 4. That the accomplishments of the Low and Moderate Income Program in Fiscal Year 2010-11 are as follows: • Rosa Gardens Apartments. Coachella Valley Housing Coalition (CVHC) continued construction on this 55-unit apartment project on Rosa Parks Road, totaling $29.7million financing including tax credits and the Agency commitment of $1.6 million which includes $400,000 Community Development Block Grant — Neighborhood Stabilization Program 1 (CDBG-NSP1). Completion is slated for June 2011. • Indian Canyon For-Sale Green Affordable Townhouses. The Agency entered an Exclusive Agreement to Negotiate and Recoverable Grant Agreement with Community Dynamics of Santa Monica with subsequent Extensions, for the construction of up to 51 moderate- income for-sale townhouses on the Agency's 3.6 acre site at North Indian Canyon Drive and San Rafael Road. Market-conditions dramatically changed the project's financial feasibility and the project was withdrawn from the entitlement process. • Sunset Palm Senior Apartments. The Agency approved a $1.5 million financial commitment to Global Premier Development for rehabilitation of an existing 24-unit apartment complex through their CTCAC (California Tax Credit Allocation Committee), project cost totals $3.5 million. • Blighted Site Abatement. The Agency cleared site of debris and refuse on Agency-owned affordable parcels. Section 5. The Director of Finance is authorized and shall carry forward to the nearest dollar, as continuing appropriations from Fiscal Year 2010-11 to Fiscal Year 2011-12, the unencumbered balances of Fiscal Year 2010-11 project appropriations not yet completed, for the completion of such projects, as approved by the City Manager. Section 6. The City Manager and City Clerk are hereby jointly authorized to execute any professional services or sponsorship contract specifically funded by the Fiscal Year 2011-12 Budget so long as such contract does not exceed the amount so funded. The authority to enter into agreements pursuant to this provision shall be Resolution No. 1420 Page 3 deemed complementary to and consistent with the authority to enter into contracts provided in City Council Resolution No. 20271. Section 7. The Director of Finance is authorized, at the end of the Fiscal Year 2010-11 and Fiscal Year 2011-12 through the closing of the accounting records for each such fiscal year, to make and record appropriate transfers required to properly account for and balance activity accounts, prior to the completion of the fiscal year audit. ADOPTED THIS 1st day of June, 2011. David H. Ready roe Director ATTEST: ames Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1420 is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on the 15t day of June, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Agency Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, Assistant Secretary Community Redevelopment Agency City of Palm Springs, California o%l2Sf g i RESOLUTION NO. 1419 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2010-11 PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. The Community Redevelopment Agency of the City of Palm Springs finds: A. Assembly Bill 26 4X, adopted by the State Legislature in July 2009, added Section 33690.5 to the Health and Safety Code of the State of California (the "Law" B. Section 33690.5 of the Law was subsequently amended by Senate Bill 68. C Section 33690.5(a)(1) of the Law requires redevelopment agencies to make a payment on or before May 10, 2011 to the county Supplemental Educational Revenue Augmentation Fund. D. The amount required by Section 33690.5(a)(1) of the Law to be paid by the Community Redevelopment Agency of the City of Palm Springs (the "Agency") by May 10, 2011 is $864,927. E. Pursuant to Section 33690.5(c)(1), an agency may borrow from either the amount required to be allocated to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.3, and 33334.6, or any moneys in that fund, or both, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund, if the agency finds that there are insufficient funds to meet this obligation. F. Agency funds in its Debt Service and Capital Improvement Funds have been earmarked for existing bonded debt obligations, payment under development agreements, repayment of the City operating loan, amounts due under tax sharing agreements and the first installment for the borrowing of the 2009-10 SERAF payment from the Housing Fund. G. In addition to its bonded indebtedness and tax sharing obligations, the Agency has budgeted project costs remaining for the Animal Shelter and other capital improvement programs, as well as a reserve for the Plaza Theater. H. If the Agency does not reserve the balance of its currently available funds to secure the payments due under the operating loan with the City, the City's ability to fund essential City services will be impaired. Resolution No. 1419 Page 2 I. Based on obligations described in Findings F, G and H of this resolution, there are insufficient funds to meet the requirements of Section 33690.5(a)(1) of the Law and the Agency will borrow the amount required from the Low and Moderate Income Housing Fund. J. The Agency must repay amounts so borrowed on or before June 30, 2016. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. Loan, The Agency hereby approves a loan from the Agency's Low and Moderate Income Housing Fund in the amount of $865,719 to pay the amount due pursuant to Section 33690.5(a)(1) of the Law. Section 2. Repayment. The Agency will repay such amounts to the Low and Moderate Income Housing Fund no later June 30, 2016, without interest. Section 3. Subordination. The obligation of the Agency to repay the Low and Moderate Income Housing Fund shall be subordinate to the lien of any pledge of collateral securing, directly or indirectly, the payment of the principal, or interest on any bonds of the Agency including, without limitation, bonds secured by a pledge of taxes allocated to the Agency pursuant to Section 33670 of the Law. The Agency shall factor in the fiscal obligations created by this Resolution when issuing bonded indebtedness. Section 4. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. ADOPTED THIS 4TH DAY OF MAY, 2011. David H. Ready,,g Ive Director ATTEST: mes Thompson, Assistant Secretary Resolution No. 1419 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1419 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 4t" day of May, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Agency Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, Assistant/Secretary ommunity Redevelopment Agency City of Palm Springs, California RESOLUTION NO. 1418 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT. A0503c WHEREAS, On November 16, 2005, Agency and Developer entered into a Disposition and Development Agreement (the "DDA") with regard to the development of 393,000 square foot retail shopping center ("Project") on an approximately 37 acre site (the "Site"), commonly referred to as "The Springs Shopping Center; and WHEREAS, The Agency property was formerly a landfill and required extensive remediation of soil conditions to make the property marketable and suitable for commercial use. Developer has incurred over $13,000,000 in total costs for the remediation of the property. On February 18, 2009, Agency and Developer entered into Amendment No. 1 to the DDA adding a section to the DDA for Agency payment of $1,385,000 toward remediation and monitoring costs. The proposed second amendment to the DDA would authorize the Agency to pay an additional $1,400,000 towards the cost of remediation and ongoing monitoring costs in ten equal annual payments of $140,000, without interest. The Agency's payment towards remediation and monitoring costs added to the fair market value of the land of $4,480,000 is approximately 56% of the total of cost of remediation that the Developer paid at its sole cost and expense; and WHEREAS, The development of the Project and the payment of Agency funds towards the remediation and monitoring of the Site, including Agency owned land, as provided for in the First Amendment to the DDA and in this Second Amendment to the DDA is in the vital and best interest of the City and the welfare of its residents and is in accordance with the public purposes and provisions of applicable state and local laws. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Second Amendment to the Disposition and Development Agreement is hereby approved and incorporated herein. SECTION 2. The Executive Director of the Agency, and/or his designee, is authorized to execute all necessary documents, in a form approved by Agency counsel. Resolution No. 1418 Page 2 ADOPTED THIS 20TH DAY OF APRIL, 2011. David H. Ready, _ e Director ATTEST: r � -James Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1418 is a full, true and correct copy, and was dulX adopted at a regular meeting of the City Council of the City of Palm Springs on the 20t day of April, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Agency Member Mills, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, Assis-tant Secretary Community Redevelopment Agency City of Palm Springs, California oil RESOLUTION NO. 1417 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER CERTAIN PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33430 AND SECTION 33432 OF THE CALIFORNIA HEALTH AND SAFETY CODE. The Community Redevelopment Agency of the City of Palm Springs hereby resolves: SECTION 1. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of a sublease hold interest in certain real property (the "Leasehold") within Merged Project Area No. 2 described above, generally being 9.62 acres located at the intersection of Amado Road and Avenida Caballeros. The City of Palm Springs, a California charter city ("City"), is the Master Lessee under Business Lease No. PSL 315 ("Original Lease"), which is on file with the Bureau of Indian Affairs ("BIA") at 901 E. Tahquitz Canyon Way, Suite C-101, Palm Springs, California, 92262, which lease affects certain Sublease Land as more particularly described in said lease ("Master Lease Property"). The Master Lease has been amended pursuant to: 1) Amendment No. 1 to PSL-315 approved by the BIA on October 13, 1995; 2) the First Amendment to Business Lease-315, dated April 7, 2004, and approved by the BIA on May 26, 2004; and 3) the Second Amendment to Business Lease No. PSL-315, dated February 9, 2006, and approved by the BIA on February 9, 2006. The Original Lease as amended by the three amendments is collectively referred to in this Agreement as the "Master Lease." SECTION 2. The transfer of the Property is subject to the terms of the PSL-315 Sublease and is conditioned on the redevelopment and use of the property in conformity with the redevelopment plan SECTION 3. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of approximately 2,094 square feet, referred to as APN 513-081-017, located at 342-344 North Palm Canyon Drive near Amado Road in the City of Palm Springs, commonly known as the Cork n Bottle, within Merged Project Area No. 1. SECTION 4. The transfer of the Property is subject to the terms of the tenant Lease Resolution No. 1417 Page 2 with Moustapha El-Khalil, executed on September 3, 2004, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 5. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of three parcels located in the City of Palm Springs, bearing APN Numbers 508-055-008, 508-055-009, and 508-055-007, generally south of Andreas Road and East of Calle El Segundo, in Section 14. The property is commonly known as the Prairie Schooner Parcel, within Merged Project Area No. 2. SECTION 6. The transfer of the Property is subject to the terms of the Repayment Agreement with the Agua Caliente Band of Cahuilla Indians for the construction of a parking lot, and a Disposition and Development Agreement with O & M HR, LLC for the development of a 500-room hotel, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 2 Redevelopment Plan. SECTION 7. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of located at 124-132 South Palm Canyon Drive in Palm Springs, APN 513-144-008. The property is commonly known as the Plaza Theater, within Merged Project Area No. 1. SECTION 8. The transfer of the Property is subject to the terms of the Lease with the Partnership for the Performing Arts and certain easements and leases with the Wessman Family Trust and Plaza Investment Company for certain courtyard, alleyway, and trash area access, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 9. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 32,852 s.f., located at 1479 N. Palm Canyon Drive (near Stevens Road), APN 505-182-004. This property is commonly known as the Casa del Camino property. SECTION 10. The transfer of the Property is subject to the any easements on the Property, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. Resolution No. 1417 Page 3 SECTION 11. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 6,950 S.F. of Vacant Land located at 190 West Sunny Dunes, APN 508-131-009. The property is commonly known as the McKinney Parcel, within Merged Project Area No. 1. SECTION 12. The transfer of the Property is subject to the terms of the Easements for underground utility lines and ingress/egress off Sunny Dunes, dated 1991, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 13. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 39,440 S.F. at the Northwest corner of Alejo & Belardo, APN 505-324- 002. The property is commonly known as the Catholic Church Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency in 1983. SECTION 14. The transfer of the Property is subject to the terms of an agreement with Our Lady of Solitude Catholic Church for use of site for parking, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 15. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of two parcels, at 400 North Belardo Road and 425 North Palm Canyon Drive (513-082-023&040, 23,790 S.F., 3,218 S.F.) The property is commonly known as the Blue Coyote Parking Lot and driveway, within Merged Project Area No. 1, and was acquired by the Agency in 1981 and 1983. SECTION 16. The transfer of the Property is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 17. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 42,729 s.f of improved parking and a horse carriage enclosure, APN 513-153-015, 016 & 025, in the 200 Block of South Belardo Road. The property is commonly known as the Vineyard Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency in 1977. Resolution No. 1417 Page 4 SECTION 18. The transfer of the Property is subject to the terms of a Lease with Big Horse Carriage Company for the use of the carriage enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 19. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of (19,313 S.F.) of improved parking, APN 513-082-014, in the 300 Block of North Belardo Road. The property is commonly known as the Food Court Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency in 1983. SECTION 20. The transfer of the Property is subject to the terms of an Easement for Access to the trash enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 5. The City Council authorizes and directs the City Manager to execute grant deeds in favor of the Community Redevelopment Agency of the City of Palm Springs, to accept payment, and to execute such other documents as may be reasonably necessary or prudent to complete this transaction as provided in this Resolution. ADOPTED THIS 16th DAY OF MARCH, 2011, David H. Ready, ive Director ATTEST: C 1 mes Thompson, Assistant Secretary Resolution No. 1417 Page 5 CERTIFCATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1417 is a full, true and correct copy, and was dul'r adopted at a regular meeting of the City Council of the City of Palm Springs on the 16t day of March, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. mes Thompson, Assistant"SecretG,ry r Community Redevetopmrent Agency City of Palm Springs, California RESOLUTION NO. 1416 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING EXECUTION OF A CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE WITH THE CITY OF PALM SPRINGS. WHEREAS, the Agency has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which results in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment; and WHEREAS, the Agency has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which results in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment; and WHEREAS, the Agency has previously entered into three separate promissory notes with the City for the acquisition of property; and WHEREAS, the City and the Agency desire to enter into a consolidated amended and restated promissory note to acknowledge the foregoing recitals and to provide for a payment schedule for such obligations by the Agency to the City. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: 1. The Executive Director and Secretary of the Agency are hereby authorized and directed to execute, and attest to the Consolidated Amended and Restated Promissory Note for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Consolidated Amended and Restated Promissory Note pursuant to the terms thereof. PASSED AND ADOPTED this 16th day of March, 2011, by the following vote: { ATTEST: David H. Read utive Director es Thompsdn, Assistant Secretary Resolution No. 1416 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. 1416 is a full, true and correct copy, and was dul� adopted at a regular meeting of the City Council of the City of Palm Springs on the 16t day of March, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. James Thompson, Assistant Secretary Community Redevelopment Agency City of Palm Springs, California CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE THIS CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE (the "Note") is entered into this 16th day of March, 2011, by and between the CITY OF PALM SPRINGS (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency"), with reference to the following facts: A. The Agency has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which results in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment. B. The intent of the Redevelopment Plans is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the repair, restoration and/or replacement of existing public facilities and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Areas; and to increase, improve and preserve the community's supply of low and moderate income housing, some of which may be located or implemented outside the Redevelopment Project Areas; and to take all other necessary actions to implement the redevelopment plans for the respective redevelopment projects and to expend tax increment to accomplish the goals and objectives of the respective redevelopment projects. C. Pursuant to California Redevelopment law, section 33220, certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. The Agency has previously entered into certain Promissory Notes as follows: • Promissory Note dated December 12, 2007 in the initial amount of $4,823,000, of which $797,000 currently remains outstanding and will accrue interest at 6% to June 30, 2011 for an estimated outstanding balance of $844,820 at June 30, 2011; • Promissory Note dated December 12, 2007 in the initial amount of $4,675,000, all of which currently remains outstanding and will accrue interest at 6% to June 30, 2011 for an estimated outstanding balance of 4,955,500 at June 30, 2011; and • Promissory Note dated February 7, 2008 in the initial amount of $51,297,000, all of which currently remains outstanding, and has accrued but unpaid interest of $3,704,357 as of June 30, 2010 and will accrue additional interest at 10% to June 30, 2011 for an estimated balance of $60,675,921 at June 30, 2011; The three outstanding promissory notes above described are incorporated herein by this reference and referred to herein as the "Outstanding Notes". DUPLICATE Page 1 E. The Agency wishes to enter into this Note with the City for the pledge of net available tax increment to repay amounts borrowed or otherwise to be reimbursed for the Outstanding Notes. F. Net available tax increment is defined as any tax increment, net of existing debt service payments, and existing contractual obligations received by the Agency or any lawful successor of the Agency and/or to any of the powers and rights of the Agency pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of net available tax increment will constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Note will be contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. G. The City Council (the "Council") and the Agency by resolution have each found that the use of Agency redevelopment funding for the Outstanding Notes was, if applicable, in accordance with Section 33445 of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL") and Section 33445(a) of the CRL and other applicable law at time the financial obligation was originally incurred. The said Council and Agency resolutions are each based on the authority of the Agency, with the consent of the Council, to pay all or part of the cost of the installation and construction of any building, facility, structure, or other improvements which is publicly owned either within or outside a project area, if the Council makes certain determinations. H. By approving and entering into this Note, the Agency has approved the pledge of net available tax increment from the Project Areas to pay for the Note. I. The obligations of the Agency under this Note shall constitute an indebtedness of the Agency for the purpose of carrying out the Redevelopment Plans for the Project Areas. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. INTRODUCTORY PROVISIONS The recitals above are an integral part of this Note and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Note. Page 2 II. AGENCY'S OBLIGATIONS 1. The Agency's obligations under this Note, including without limitation the Agency's obligation to make the payments to the City required by this Note, shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of the Project Areas and are obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations of the Agency set forth in this Note are contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. 2. The Note shall bear interest at the 6% starting July 1, 2011. 3. The obligations of Agency under this Note shall be payable out of net available tax increments, as defined in the above recitals and/or as defined or provided for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the Redevelopment Project Areas, and allocated to the Agency and/or any lawful successor entity of the Agency and/or any entity established by law to carry out any of the redevelopment plans for the Project Areas and/or expend tax increment or pay indebtedness of the Agency to be repaid with tax increment, pursuant to Section 33670, et seq., of the California Community Redevelopment Law or any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, in the minimum amounts set forth in the Payment Schedule attached hereto as Exhibit 1 and incorporated herein by this reference. 4. The Payment Schedule reflects the payments from the respective Redevelopment Project Areas in the same proportionate share as the Outstanding Notes. 5. The indebtedness of Agency under this Note shall be subordinate to the rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness (all referred to herein as "indebtedness") of the Agency incurred or issued to finance the Project Areas, including without limitation any pledge of tax increment revenues from the Project Areas to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any bond or bonds issued or sold by Agency with respect to the Redevelopment Project Areas. 6. All payments due to be made by the Agency to the City under this Note shall be made by the Agency in accordance with the schedule set forth in Exhibit 1 and as otherwise necessary to reimburse the City for the cost to the City of performing its obligations hereunder. Page 3 IV. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code Section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Note to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above-stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code Section 895.2. V. ENTIRE NOTE; WAIVERS; AND AMENDMENTS 1. This Note integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Note. 2. This Note is intended solely for the benefit of the City and the Agency. Notwithstanding any reference in this Note to persons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Note. 3. All waivers of the provisions of this Note and all amendments to this Note must be in writing and signed by the authorized representatives of the parties. VI. SEVERABILITY If any term, provisions, covenant or condition of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VII. DEFAULT If either party fails to perform or adequately perform an obligation required by this Note within thirty (30) calendar days of receiving written notice from the non-defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non-defaulting party will have all the rights and remedies available to it at law or in Page 4 equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non-defaulting party enumerated in this paragraph are cumulative and shall not limit the non-defaulting party's rights under any other provision of this Note, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Note or hereinafter enacted or established, that may be available to the non-defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Note. BINDING ON SUCCESSORS This Note shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. IN WITNESS WHEREOF, the parties have executed this Note as of the date first set forth above. CITY OF PALM SPRINGS David H. Read nager ATTEST: C11'Y CCU.I ICIL awes Thompson, City Clerk COMMUNITY REDEVELOPMENT AGENCY David H. Ready, Ex Director ATTEST: mes Thompson, Assistant Secretary �tb�v APPR E TO FORM: Douglas C. Holland, Agency Counsel Page 5 EXHIBIT 1 PAYMENT SCHEDULE Payment Date Merged Project No. 1 Merged Project No. 2 June 30 Payments 1 Payments 1 2012 $895,500 $ 1,000,000 2013 - 1,100,000 2014 - 1,210,000 2015 - 1,331,000 2016 - 1,464,100 2017 - 1,610,510 2018 - 1,771,561 2019 - 1,948,717 2020 - 2,143,589 2021 - 2,357,948 2022 - 2,593,742 2023 - 2,853,117 2024 - 3,138,428 2025 - 3,452,271 2026 - 3,797,498 2027 - 4,177,248 2028 - 4,594,973 2029 - 5,054,470 2030 - 5,559,917 2031 - 6,115,909 2032 - 6,727,500 2033 - 7,400,250 2034 - 8,140,275 2035 - 8,954,302 2036 - 50,000,000 2037 - 60,093,584 (1) Includes interest at 6% Page 6 RESOULUTION NO. 1415 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA SUPPORTING AN APPLICATION BY GLOBAL PREMIER DEVELOPMENT, INC. TO THE CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE FOR 9% LOW INCOME HOUSING TAX CREDIT PROJECT FINANCING OF THE ACQUISITION AND REHABILITATION OF A 23-UNIT SENIOR APARTMENT PROJECT LOCATED AT 1433 & 1455 NORTH INDIAN CANYON DRIVEIN MERGED PROJECT AREA NO. 1, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,500,000 IN GAP FINANCING; AND TO DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT ("OPA"). WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, Global Premier Development("Developer") has submitted a proposal for an affordable housing project to be redeveloped and converted to senior housing in collaboration with the Agency at 1433 and 1455 North Indian Canyon Drive in Merged Project Area No. 1; and WHEREAS, the Developer will submit a Low Income Housing 9% Tax Credit (LIHTC) application to the California Tax Credit Allocation Committee for the March, 2011 application, and is required by this Resolution to apply for HOME funds through Riverside County and AHP funds through the Federal Home Loan Bank Board ("Soft Funds"); and WHEREAS, the receipt of additional Soft Funds by the Developer shall reduce the Agency's commitment by that amount, but not below the amount of$1,000,000; and WHEREAS, the Developer will agree to restrict, though a Regulatory Agreement approved as an attachment to the OPA, the rents on 100% of the units to levels affordable to households with incomes no more than 60% of Area Median Income (AMI) for a period of 55 years; and WHEREAS, the Owner Participation Agreement between the Agency and Developer shall be drafted after the Project has received a commitment of Tax Credits funds, and return to the Agency for approval; it shall provide for assistance by the Resolution No. 1415 Page 2 Agency to the Project in the form of subordinated loans to be repaid from Project revenues. NOW, THEREFORE, BE IT RESOLVED, by the Community Development Agency of the City of Palm Springs, as follows: 1. The Agency hereby approves of the Developer' Application for a 9% Low Income Housing Tax Credit allocation through the California Tax Credit Allocation Committee. 2. The Developer shall apply for the first available round of HOME funds through Riverside County and AHP funds through the Federal Home Loan Bank Board to reduce the Agency's commitment to $1,000,000. 3. The Agency offers its approval of a Note to the Developer on behalf of the Project, subject to the successful negotiation of an Owner Participation Agreement, in the amount of $1,500,000 under terms described in Section 2. above and to be specified in the Owner Participation Agreement. The note amount would be reduced to $1,000,000 pending the successful application for additional soft funding, and provides the Agency security for the Regulatory Agreement which contains the affordability provisions and other performance requirements; the interest on the Agency note shall be 1% simple interest, payable from residual receipts on the project; and the note shall be for a period of 55 years. 4. Agency staff is directed to bring an Owner Participation Agreement to the Agency containing the above terms upon a successful allocation of Tax Credits to the Developer. 5. The Executive Director is hereby authorized and directed, on behalf of the Agency, to execute all documents, including applications or letters of intent or commitment, related to the Project and the purposes of this Resolution. ADOPTED THIS 16TH DAY OF MARCH, 2011. DAVID H. READY, ive Director . ATTEST: AMES THOMPSON, CITY CLERK Assistant Secretary Resolution No. 1415 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the City of Palm Springs Community Redevelopment Agency, hereby certify that Resolution No. 1415 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 16th day of March, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Vice Chair Weigel, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. JAMES THOMPSON, CITY CLERK Assistant Secretary RESOLUTION NO. 1414 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF PALM SPRINGS PROVIDING FOR REIMBURSEMENT OF CERTAIN AGENCY FUNDED CAPITAL IMPROVEMENTS. A6052. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which result in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment; and WHEREAS, the Agency has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which result in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment; and WHEREAS, the Agency has previously borrowed funds or otherwise by resolution agreed to reimburse the City of Palm Springs for programs and activities associated with its redevelopment programs and activities; and WHEREAS, the City and the Agency desire to enter into an agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such obligations by the Agency to the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AS FOLLOWS: SECTION 1. The Chairman and the Assistant Secretary of the Agency are hereby authorized and directed to execute, and attest to the Reimbursement Agreement for Payment of Costs Associate with Certain Agency Funded Capital Improvements for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Reimbursement Agreement for Payment of Costs Associate with Certain Agency Funded Capital Improvements pursuant to the terms thereof. PASSED, APPROVED AND ADOPTED THIS 18T" DAY OF JANUARY, 2011, BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. P / STEPHEK P. POUGNET, C AIR ATTEST: MES THOMPSON, CITY CLERK Assistant Secretary Resolution No. 1414 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, and Assistant Secretary of the City of Palm Springs Community Redevelopment Agency, hereby certify that Resolution No. 1414 is a full, true and correct copy, and was duly adopted at a special meeting of the Community Redevelopment Agency of the City of Palm Springs on the 18th day of January, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Vice Chair Pro Tern Weigel and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. //J,"AMES THOMPSON, CITY-CLERK Assistant Secretary D 1 f, 8120 1 RESOLUTION NO. 1413 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF PALM SPRINGS PROVIDING FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE AND OVERHEAD EXPENSES. A6051. WHEREAS, pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, et seg.), the City has undertaken a program for the redevelopment of blighted areas in the City and in that regard has approved and adopted redevelopment plans for ten separate project areas, which have been subsequently merged into two separate project areas, and has established a low and moderate income housing fund to be used for the purposes of increasing, improving and preserving the City's supply of affordable housing; and WHEREAS, the Agency is carrying out the redevelopment plans for each of the project areas, and, in that connection, is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and the staff of the Planning, Finance, Engineering and other Departments of the City devote substantial time in gathering information relating to each of the project areas, conferring with developers and potential developers of land within the project areas, conferring with public officials representing the county of Riverside and other governmental agencies regarding the redevelopment of the project areas and undertaking planning and administrative activities in connection with the production, improvement and preservation of affordable housing; and WHEREAS, by providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment, supplies, insurance and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency; and WHEREAS, the City and the Agency desire to enter into an agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AS FOLLOWS: SECTION 1. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the planning commission, the city engineer and the other departments and offices of the City. SECTION 2. The Chairman and Assistant Secretary of the Agency are hereby authorized and directed to execute, and attest to the Cooperative Agreement for the Advance and Reimbursement of Administrative and Overhead Expenses for and in Resolution No. 1413 Page 2 the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Cooperative Agreement for the Advance and Reimbursement of Administrative and Overhead Expenses pursuant to the terms thereof. PASSED, APPROVED AND ADOPTED THIS 18T" DAY OF JANUARY, 2011, BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. STEPHEN P. POUGNET, CHAIR ATTEST: MES THOM/IPSON, CITY CLERK Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, and Assistant Secretary of the City of Palm Springs Community Redevelopment Agency, hereby certify that Resolution No. 1413 is a full, true and correct copy, and was duly adopted at a special meeting of the Community Redevelopment Agency of the City of Palm Springs on the 18t" day of January, 2011, by the following vote: AYES: Agency Member Foat, Agency Member Hutcheson, Vice Chair Pro Tern Weigel and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. MES THOMPSON, CITY CLERK .. Assistant Secretary Resolution No. 1412 Number Not Assigned