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HomeMy WebLinkAbout05476 - AGUA CALIENTE BAND OF CAHUILLA INDIANS LAND VESTING AGR RE TAHQUITZ CREEK FLOOD CONTROL PROJECT CONTRACT ABSTRACT Contract Company Name: Agua Caliente Band of Cahuilla Indians Tribal Council Company Contact: Dan Malcolm Summary of Services: Corrective Deed for Land Vesting Agreement to allow for 4 parcels in Section 22, Township 4 South (Tahquitz Regional Park) to be re-vested to the Tribe as the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe. NOTE: VESTING AGREEMENT WAS EXECUTED BUT CORRECTIVE DEED WAS NOT Contract Price: n/a Funding Source: n/a Contract Term: n/a Contract Administration Lead Department: Community& Economic Development Contract Administrator: Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: May 2, 2007 Resolution Number: Res NO. Agreement No: Contract Comoliance X Exhibits: Included Signatures: Included \'J Insurance: n/a ;-y`•'} `�ice—r Bonds: n/a � a _a Contract prepared by: Community& Economic Development Department Submitted on: 04-24-12 By: Diana Shay City Council Action Summary May 2, 2007 Page 5 EXCLUDED CONSENT CALENDAR: 2.L. LAND VESTING AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS TO CORRECT VESTING OF FOUR (4) PARCELS IN THE TAHQUITZ REGIONAL PARK, SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21882, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LAND VESTING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS TO CORRECT VESTING OF FOUR (4) PARCELS IN THE TAHQUITZ REGIONAL PARK, SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and 2) Authorize the City Manager to execute all necessary documents subject to the City Attorney's approval. A5476. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. 2.M. VILLAGEFEST RULES AND REGULATIONS: ACTION: Adopt Resolution No. 21883, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REVISED VILLAGEFEST RULES AND REGULATIONS TO BE EFFECTIVE MAY 1, 2007" amending the rules to provide a definition of merchant vendor. Motion Mayor Pro Tern Pougnet, seconded by Mayor Oden and unanimously carried on a roll call vote. 2.Q. AMENDMENT NO. 1 TO AGREEMENT NO. A5097 WITH LAMAR CENTRAL OUTDOOR, LLC. FOR THE RELOCATION OF FOUR (4) ADDITIONAL OUTDOOR ADVERTISING DISPLAYS FROM HIGHWAY 111 TO INTERSTATE 10: ACTION: 1) Adopt Minute Order No. 8037, Approving Amendment No. 1 to Agreement No. A5097 with Lamar Central Outdoor, LLC, for the relocation of four (4) additional outdoor advertising displays from Highway 111 to Interstate 10; and 2) Authorize the City Manager to execute all necessary documents. A5097. Motion Mayor Pro Tern Pougnet, seconded by Mayor Oden and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2007 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS: ACTION: Mayor Oden appointed two-member City Council subcommittees consisting of the Mayor and one alternating Councilmember to screen commission and board applications to determine qualified applicants for the x-Ref A547 ' RESOLUTION NO. 21882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LAND VESTING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS TO CORRECT VESTING OF (4) FOUR PARCELS IN TAHQUITZ REGIONAL PARK, SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS an Agreement was entered into on June 25, 1987 by and among the Agua Caliente Band of Cahuilla Indians, acting through its Tribal Council, referred to herein as TRIBAL COUNCIL; Riverside County Flood Control and Water Conservation District, referred to herein as DISTRICT; and the City of Palm Springs, referred to herein as CITY with reference to certain real property acquired by CITY in part with its own funds, in part with funds from various state and federal grants, and further with reference to a certain Joint Powers Agreement between CITY and the County of Riverside dated August 31, 1976, as thereafter amended, relating to Tahquitz Regional Park; and with reference to DISTRICT'S proposed Tahquitz Creek Flood Control Project; and WHEREAS, per the terms of the Agreement the CITY agreed to transfer title of the parcels in Section 22, Township 4 South, Range 4 East (4 parcels) comprised of that portion of Tahquitz Regional Park not used for flood control structures or flood control purposes, including the portion thereof to be used for an Interpretive Center, to the United States of America, in Trust for the Agua Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open space and Interpretive Center uses and for the use and benefit of the general public; and WHEREAS the DISTRICT agreed to transfer to the United States of America, in Trust for the respective Allottees and/or Agua Caliente Band of Cahuilla Indians, those portions of the flood control easement granted to DISTRICT by the Tribal Committee of the Agua Caliente Band of Cahuilla (Mission) Indians on August 12, 1948, and approved by the Assistant Secretary of the Interior on February 28, 1949 under the Act of February 5, 1948 (25 U. S. C. Secs. 323-4), not needed for flood control purposes; and WHEREAS the transfer of parcels in Section 22 Township 4 South, Range 4 East (4 parcels) were erroneously vested to the United States in Trust for the Agua Caliente Band of Cahuilla Indians, in that the parcels of land referenced above cannot be granted to the TRIBE in trust and such action requires a Fee to Trust Application that must be processed by the United States Department of Interior, Bureau of Indian Affairs and the Bureau must then sign an Acceptance of the subject parcels in Trust; and WHEREAS the TRIBE requested that Section A.2 and B.5 of Agreement #2435, entered into June 25, 1987, by TRIBAL COUNCIL, the DISTRICT, and the CITY be amended to allow the transferring of the four parcels of land referenced above to the I r Resolution No_21882 Page 2 Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe, to allow the ' TRIBE to process a Fee-to-Trust application, pursuant to Code of Federal Regulation, Part 151; and WHEREAS, the CITY and TRIBE have determined that the correct way to rectify the error is not to amend the original Agreement #2435, but to enter this Land Vesting Agreement for the purpose of effectuating this technical change in the vesting of the property; and WHEREAS, the incorrect vesting of the subject parcels requires that these parcels be granted back to the CITY by the Grantee, the TRIBE and the CITY would then grant the subject parcels back in proper farm to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe thereby rectifying the erroneous vesting of the subject parcels. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The Land Vesting Agreement between the City of Palm Springs and the Aqua Caliente Band of Cahuilla Indians is hereby approved. SECTION 3. The City Manager or his designee is hereby authorized to execute the Land Vesting Agreement and all related documents. ADOPTED THIS 2nd day of May, 2007. David H. Ready, I M er ATTEST: ames Thompson, City Clerk 1 Resolution No.21882 Page 3 ' STATE OF CALIFORNIA ) CERTIFICATION COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21882 is a full, true and correct copy, and was du� adopted at a regular meeting of the City Council of the City of Palm Springs on the 2" day of May, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None, ABSTAIN: None. J mes Thompson, City Clerk ity of Palm Springs, California 1 i i i I i I DOC # 2012-0274038 06/24/2012 08:51A Fee:NC Page 1 of 9 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder AFREE RECORDING REQUESTED BY ND WHEN RECORDED RETURNS O: I IIIIII IIIIIII IIIII II IIIIIII IIIIII IIIII III IIIII IIII IIII S R I U I PAGEI SIZE I DA I MISC I LONG1 RFD COPY City Clerk City ofPalm Springs B P.O. Box 2743 I M A L 465 426 COR COR SM NCHG E M � p�Ppallm Springs, CA 92263-2743 (�^ T: CTY UNi (3-250-040 I` -0 I (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) 513�25D-or{-I A��-1� 5Q3'250 -©�v GRANT DEED (;C 802 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF PALM SPRINGS, a municipal corporation, hereby grants to THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, A FEDERALLY RECOGNIZED INDIAN TRIBE, the real property in the City of Palm Springs, County of Riverside, State of California, described in Exhibit "A" attached hereto and incorporated herein, by reference subject to the existing easements, restrictions and covenants of record thereon, and subject to the terms of the Land Vesting Agreement between the City of Palm Springs and the Agua Caliente Band of Cahuilla Indians executed concurrently herewith. "City" THE CITY OF PALM SPRINGS, a California Charter City B . David H. Re Ph.D. City Manag ATTEST: APPROVED BY CITY COUNCIL James Thompson �h a�sa 5•a• 3001 b City Clerk APPROV S TO FORM: Doug s . Holland City ttorney ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss City of Palm Springs) On May 14, 2012, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS, whose name is subscribed to the within instrument and that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 14th day of May, 2012: {OQVpLM Sp9 iy c U N •cq�IFORN�P• Signature: MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: Grant Deed from THE CITY OF PALM SPRINGS to THE AGUA CALIENTE BANK OF CAHUILLA INDIANS A5476 File R-92-015 (9 pages, including this page) III II�������111111111111111111111111111 06/14 2012e f 9035 R Exhibit"A' Legal Description of the Property Parcel 1: That portion of the Southwest quarter of the Northeast quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Base and Meridian, being more particularly described as follows: BEGINNING at the Northeast corner of said Southwest quarter, Northeast quarter; Thence South 00017'55"West 136.34 feet along the East line of said Southwest quarter Northeast quarter; Thence leaving said East line South 86°42'43"West 265.46 feet; Thence North 39°37'23" West 102.45 feet; Thence South 89002'12"West 100.00 feet; Thence North 40055'15"West 103.23 feet to a point on the North line of said Southwest quarter Northeast quarter; Thence South 89034'39" East 498.69 feet to the POINT OF BEGINNING. This parcel contains 1.29 acres more or less. Parcel 2: That portion of the Southwest quarter of the Northeast quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Base and Meridian, being more particularly described as follows: BEGINNING at the Southwest corner of the Northeast quarter of the Southwest quarter of the Northeast quarter, of said Section 22; Thence Easterly 20.00 feet more or less along the Southerly line of the Northeast quarter, Southwest quarter, Northeast quarter; to the TRUE POINT OF BEGINNING; Thence North 44012'52" East 247.74 feet; Thence North 89002'12" East 145.00 feet; Thence North 68048'27" East 345.81 feet to a point on the East line of said Southwest quarter Northeast quarter; Thence South 00017'55"West 308.88 feet along said East line to the Southeast corner of the Northeast quarter of the Southwest quarter of the Northeast quarter; Thence leaving said East line,Westerly 638.57 feet more or less along the Southerly line of the Northeast quarter, of the Southwest quarter of the Northeast quarter to the TRUE POINT OF BEGINNING. This parcel contains 2.76 acres more or less. Parcel 3: That portion of the Southwest quarter of the Northeast quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Base and Meridian, being more particularly described as follows: BEGINNING at the Southwest corner of said Southwest quarter, of the Northeast quarter of said Section 22; Thence North 00013'25" East 145.91 feet to the TRUE POINT OF BEGINNING; Thence North 00*13'25" East 845.84 feet; Thence South 46002'41" East 149.49 feet; Thence South 13°48'14" East 110.29 feet; 201 z IIIIIII HE II IIIIIII 111111 HE III 1111111111111 6. e f, 9�ss F Thence South 87°10'17" East 40.00 feet; Thence North 22018'12" East 178.12 feet; Thence South 58031'20" East 209.40 feet; Thence North 89*02'12" East 210.00 feet; Thence South 24054'43"West 196.35 feet; Thence South 89°39'14" East 110.00 feet to the Northeast comer of the Southwest quarter, Southwest quarter Northwest quarter; Thence South 00015'47"West 228.20 feet along the East line of said Southwest quarter, Southwest quarter, Northeast quarter to a point on the Northerly line of a 20.00-foot strip of land; Said point being the intersection of the said East line and a curved line with a radius of 70.00 feet and to which point a radial line bears South 06°46'54"West; Thence Southwesterly along the Northerly line of said 20.00-food strip of land and along said curve through a central angle of 28025'25" an arc distance of 34.73 feet; Thence South 68°21'29"West 323.19 feet; Thence South 63035'50"West 362.95 feet to the TRUE POINT OF BEGINNING. This parcel contains 8.30 acres more or less. Right of Way& EASEMENT for Road purposes Connecting Parcels 2 & 3 described above Parcel 4: BEING a Right of Way, for Road purposes, with the right to construct, maintain and repair, and for ingress and egress to Parcels 2 & 3 described above, over the following described parcel of land: All that portion of South one-half of Northeast one-quarter also being a portion of Parcel 6060-309A of Record of Survey as recorded in Book 77 at pages 1 through 5, Records of Riverside County, California, of Section 22 Township 4 South, Range 4 East, San Bernardino Base, described as follows: Commencing at the Southwest comer of said Northeast one-quarter; Thence South 89043'08" East along the South line of said Northeast one-quarter a distance of 658.16 feet to the Southwest corner of the Southeast one-quarter, Southwest one-quarter, Northeast one-quarter; Thence North 00*15'47" East along the West line of said Southeast one-quarter of the Southwest one-quarter of the Northeast one-quarter, a distance of 662.39 feet to the Northwest corner of said Southeast one-quarter of the Southwest one-quarter of the Northeast one-quarter to THE TRUE POINT OF BEGINNING, the next two corners are along the South and Easterly line of said Parcel 6060-309A; Thence South 89039'14" East a distance of 20.00 feet; Thence North 44012'52" East a distance of 83.23 feet to a point that is 60.00 feet Northerly and parallel with said South line of Parcel 6060-309A; Thence North 89039'14"West parallel with the South line of said Parcel 6060-309A a distance of 160.25 feet to a point on the Westerly line of said Parcel 6060-309A. The next two courses are along the Westerly and South line of said Parcel 6060-309A; Thence South 2405443"West a distance of 65.97 feet; Thence South 89039' 14" East a distance of 110.00 feet to THE TRUE POINT OF BEGINNING. I IIIIII IIIIIII II�IIII IIIIIII IIIIII IIIII III IIIII IIII IIII es 2tg140 f79s38i �.o� IIIIIII IIIIIII IIIII II IIIIIII IIIIII IIIII III IIIII IIII IIII es 20150 ff 98:51A 's og File No. R-92-015 Grant Deed City to United States in Trust Page 1 of TAHQUITZ CREEK PROJECT - A N PARCEL I - n�H•... ba r.ecn .uirv,s...w.a L29 K' usT-x FLOOD CONTROL DISTRICT'S 1952 EASEMENT s,rr. i PARCEL 2 PARCEL 3 smx - •.YAIr —_ �- - . -- —�., --- - - -- .GYP" of 7Aly s, CITi�- OF PALM SPRINGS *'c ,REAL PROPERTY D1VWN a AREA MAP FOR C.P. 87-49 DEBRIS BASIN - - ' PROPERTY CONVEYANCE EXHIBIT Il B11 SCALE: FILE No. Map Shows Parcel 1, 2 & 3 of the Tahquitz None R-92-015 Regional Park not used for Flood Control Section 2 7+F.S., RAE. S.8B.aM. IIIII IIIIII IIIII IIIIII IIII IIII IIIIIIIII IIII IIII IIII 12 2999 6 of f 11?00R L 7i� IIIIIII IIIIIII IIIII II IIIIIII IIIIII OF1111111111111111 06 14/ 0 of 08351A �eRR� ' ; n,, File No. R-92-015 Grant Deed City to United States in Trust Page 2 of,S' .e sa• n9.a9 PARCEL. 1 t ►ARCE" ' N seed $060.309 Ar a..e�tA.NON. L29AC.' RisTh-n lL DISTRICT'S 1952 EASEMENT rARc[L S.yat 6060/30"I.A 'get 3 Nos O)1[L A /..NatL IN ROGR Tae{[e RA.L.' RO:It[t. La8.)9' )H•3f 1.1 1 LSL3/ MW39 It IN ' r I r w A -fete J L•34.CO' N A, A•29•SeL' R :-so L .9e <W ° Nea•mb�•L u) •NYJ�I� Ntl•3.'3P'N (R) 1 - Y� Y � r u� pAL•N Sq CITY OF PALM SPRINGS \ LOCATION MAP FOR DEAL FROFERtY 01MISMlN C.P. 87-49 DEBRIS BASIN - c�11F0It PROPERTY CONVEYANCE EXHIBIT "B " SCALE: FILE N0. Map Shows Parcel 1, of the Tahquitz None R-92-015 Regional Park not used for Flood Control Section T.4.S., RA.E. S.BB.9M. IIIIIIIIiIIIIIIIIIIIIIIIIII IIII IIIIIII IIIIIIIIIIIIIIII 12 z999 ofaai'eeA eis:yeztoz:ar;sa cJ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII M 1 - w C d 8.06' N89^34'39"W J U4 co) b11 z A w ��s� , 513�2�0-p��69 PARCEL I g - 'a. PARCEL Ft4 C7 yF k 100.00' 6060 -3098 x 1--� - N89-OZ 12 E �9 UP 6 Fd. L0. MON. S; Q y MKD. NE W' f•I dy fir. 1.29 r AC.- PER S. ai III VVV m J• R.S.57/3-I6 191 m Pp k Z65.46' N86*424}"E mm^ woo I m 1 w N N i TRO L DISTRICT 'S 1952 EASEMENT N W - d ua w N m PARCEL ,SAS�� V�" W U a U 6060-309A � O Ch 1-4b0 _U) N89`0212 E 145.00" U IT F w F- N89°0212 E � QI ~ N oa: — �� '" PARCEL 2 ^„ a U a C, 2-7G AC 0 a ` 51 _o� C _ 3NG6 y E�% O EC. NAIL j - IN ROCK ".. 20.00 - TAGGED R.C.E.B 630 K NO REF. tCRI _ 638.57' '�O 4r �i •Dp a ......__. .. 110.RO__._.__.t. 658.57 N89-39 14 W 4413 .. .. .. _ I IIIIII IIIIIII(III IIIIIIII I III IIIII II II(III III 0614/2&2 61:51A 00 Filb No. R-92-015 Gram Deed City to United States in Trust Page 4 of N J,. _� N• N �.— 210.00, 9W02%2 E •� v oe n. n_ w n x eN O ti o .• 0 " n N 30.00 = ' M8]e lOi7�� n 9 moo, / 11000 — � H99^3911�N/ n I --- PARCEL 3 8.30 AC. Z50 -D�Y 0 N 0 W N � m h r � O 0 a A P 3z3'19 g"2�29 E I� N0' j 20' / I P 0 91 H 6S 1� a 36ti � r N Y 10 / 20' FA, 3/4"1 R. FLUSH TAGGED R.C.F.C.SK.C.O. RER R.S.57/3 1 6 _ CHTR. SEC. m ,V n A P 11 6 5 8.16, ct WAN Sa CITY - OF PALM SPRINGS DEAL PRGPW" 0llfi8 M V N LOCATION MAP FOR C.P. 87-49 DEBRIS BASIN - �'•/OFp�IN�* PROPERTY CONVEYANCE EXHIBIT "B u SCALE: - FILE NQ Map Shows Parcel 3, of the Tahquitz None R-92-015 Regional Park not used for Flood Control Section s2R T.4.S. R.q.E. S.8.9.8 M. 1 'I IIIIIIIIIIIIINIIIIIIIIIiilllllllllilllllillliillllllll 1z 2999of0a1'RRR IIIIIII HE II 1111111 111111 11111 111 11111 1111 1111 0En4190 2 08 51A of 8 �..�.� BEARING DISTANCE File No. R-92-015 eEARrNc DISTANCEGraM Deed City to N 86.42'43•E 265.46 1 N 890 39.14'W 11110.00.00 z N 39-37-23-W 102.45 1 N 46.02'41'W 149.49 United States In Trust a N 89.02.12-E 500.00 1 N 13.48'144W 110.29 Page 5 ofS_ N 40'55'15'W 103.23 i N 89.39'14•W 20.00 s N 87.10'17'W 40.00 i N 44-12.52-E 247.74 s N 22.18'12'E 178.12 1 N 89*02.12"E 145.00 N 58.31'20'H 2O9.40 1 N 24.54'43"E 65.97 e N 89.02'12'E 210.00 N 89'39'14'W 160.25 s N 24'54'43'E 196.35 1 N 44.12'52'E 83.23 N 89.34'39'W 819.38 O m O3 Cn tn cn Cn O2 ' N PARCEL 6060-309A ° R/S 77/1-5to N (V m to Iv O .Z,•� W O O 15 N 6 3q5 92 m n m 12 O m tocu .mr O yyy��' O wo 37 m Z to N P�HLIG io N 89.39'14'W 658.57 0 IIw PCf o to Z m M v ro N to to m to W - W n c ALLOTMENT 6 SES/4. SWS/4. NES/4 Z Z POC N 89. 43'08'W 658. 16 N 89. 43'08'W 658. 16 Of P41M S• CITY - OF PALM SPRINGS *i ,[tEAL PROPERTY DtV=M LOCATION MAP FOR C.P. 87-49 DEBRIS BASIN - -it PROPERTY CONVEYANCE EXHIBIT "B " 0 SCALE: FILE No Map Shows Parcel 4 EASEMENT Conecting Parcels 2 & 3 of None R-92-01 the Tahquitz Regional Park not used for Flood Control O Section T. .S. R. .E. S.B.S.8:M. IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIillliil 111IIIIII lllllll 32 28�10999 0£arson 4 LAND VESTING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS RECITALS: t WHEREAS an Agreement was entered into on June 25, 1987 ("Original �- Agreement") by and among the Agua Caliente Band of Cahuilla Indians, acting C5 through its Tribal Council, referred to herein as TRIBAL COUNCIL; Riverside County Flood Control and Water Conservation District, referred to herein as DISTRICT; and the City of Palm Springs, referred to herein as CITY with reference to certain real property acquired by CITY in part with its own funds, in U r part with funds from various state and federal grants, and further with reference to a certain Joint Powers Agreement between CITY and the County of Riverside dated August 31, 1976, as thereafter amended, relating to Tahquitz Regional Park; and with reference to DISTRICT'S proposed Tahquitz Creek Flood Control Project; and WHEREAS, per the terms of the Original Agreement the CITY agreed to transfer title of the parcels in Section 22, Township 4 South, Range 4 East (4 parcels) comprised of that portion of Tahquitz Regional Park not used for flood control structures or flood control purposes, including the portion thereof to be used for an Interpretive Center, to the United States of America, in Trust for the Agua Caliente Band of Cahuilla Indians, to be used in perpetuity for park, open space and Interpretive Center uses and for the use and benefit of the general public; and WHEREAS the DISTRICT agreed to transfer to the United States of America, in Trust for the respective Allottees and/or Agua Caliente Band of Cahuilla Indians, those portions of the flood control easement granted to DISTRICT by the Tribal Committee of the Agua Caliente Band of Cahuilla (Mission) Indians on August 12, 1948, and approved by the Assistant Secretary of the Interior on February 28, 1949 under the Act of February 5, 1948 (25 U. S. C. Secs. 323-4), not needed for flood control purposes; and WHEREAS the transfer of parcels in Section 22 Township 4 South, Range 4 East (4 parcels) were erroneously vested to the United States in Trust for the Agua Caliente Band of Cahuilla Indians, in that the parcels of land referenced above cannot be granted to the TRIBE In trust and such action requires a Fee to Trust Application that must be processed by the United States Department of Interior, Bureau of Indian Affairs and the Bureau must then sign an Acceptance or the subject parcels in Trust; and WHEREAS the TRIBE requested that Section A2 and B.5 of Agreement #2435, entered into June 25, 1987, by TRIBAL COUNCIL, the DISTRICT, and the CITY be modified to allow the transferring of the four parcels of land referenced above to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe, to allow the TRIBE to process a Fee-to-Trust application, pursuant to Code of Federal Regulation, Part 151; and WHEREAS, the CITY and TRIBE have determined that the correct way to rectify the error is not to amend the Original Agreement, but to enter this Land Vesting Agreement for the purpose of effectuating this technical change in the vesting of the property; and WHEREAS, the incorrect vesting of the subject parcels requires that these parcels be granted back to the CITY by the Grantee, the TRIBE and the CITY would then grant the subject parcels back in proper form to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe thereby rectifying the erroneous vesting of the subject parcels; NOW THEREFORE, the parties hereto agree as follows: A. Nature and Summary of Modifications. This Agreement modifies the vesting of the parcels described in the Original Agreement, which itself shall not be deemed modified and amended as provided in this Agreement. Except as provided in this Agreement, the provisions of the Original Agreement shall remain unmodified and in full force and effect. The change in the vesting shall occur in the manner below. 1. In lieu of transferring title "to the United States of America, in trust for the Agua Caliente Band of Cahuilla Indians," as provided in Section 2 of the Original Agreement, the CITY shall grant to the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe, four parcels in Section 22 Township 4 South, Range 4 East, the real property and the right-of-way and easement in the City of Palm Springs, County of Riverside, State of California, described in EXHIBIT "A" in the Original Agreement using a Corrective peed recorded in the Official Records of the County of Riverside. 2. Upon receipt of title to the parcels described in Exhibit "A" of the Original Agreement by the "Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe," The TRIBE shall immediately process a Fee-to-Trust application pursuant to Code of Federal Regulation, Part 151. B. Purpose of Contract. It is expressly understood and agreed by the parties hereto that this is an Agreement regarding the re-vesting of the property to facilitate the TRIBE'S ability to place the Property in trust- C. Amendment. This Agreement may only be amended by a document in writing signed by the parties hereto. D. Corporate Authorit . The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. THE CITY OF PALM SPRINGS, a California Charter City By: ` Date: EST: ity Clerk APPROVED BY CITY COUNCIL APPRO AS TO FORM: Douglas, C. Holland, Esq. City Attorney THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, a Federally Recognized Indian Tribe 0" W ha�:�J Chairman, Tribal Council ATTEST, Tribal Secretary APPR E AS 70 FORM: Art Bu ce Tribal Attorney CITY 0F CALM SPRINGS E0.2749 PALM SPRINcs,cP. 22255