HomeMy WebLinkAbout11/19/2014 - STAFF REPORTS - 1.B. �OQ Y A`M Sp9
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x CQ<IFpO10k CITY COUNCIL STAFF REPORT
DATE: November 19, 2014 PUBLIC HEARING
SUBJECT: CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL
OPERATIONS COVENANT WITH PALM SPRINGS PROMENADE, LLC
FOR THE CONSTRUCTION OF A 155 ROOM KIMPTON HOTEL AT THE
NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND BELARDO
ROAD PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE
PROGRAM
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
The purpose of this hearing is to consider approving a Hotel Operations Covenant
Agreement in accordance with Chapter 5.26 of the Palm Springs Municipal Code to
provide a Hotel Operations Incentive Program for the Kimpton Hotel for the operation
and maintenance of a hotel facility that enhance the tourist and travel experience for
visitors to the City, maximizes the use of the City's Convention Center, provides
attractive and desirable visitor facilities and experiences, and assists the City in
achieving its tourism goals.
RECOMMENDATION:
1. Open the public hearing and receive public testimony;
2. Approve a Hotel Operations Covenant Agreement with Palm Springs
Promenade, LLC for a 155-room Kimpton Hotel located at the northeast corner of
Tahquitz Canyon Way and Belardo Road, in the Downtown Revitalization
Project;
3. Authorize the City Manager to execute all documents to effectuate the
Amendment.
STAFF ANALYSIS:
On September 29, 2011, the City and Palm Springs Promenade, LLC ("Developer')
entered into a Project Financing Agreement ("PFA"), which related to financing,
ITEM NO. kb
City Council Staff Report
November 19, 2014-- Page 2
Hotel Operations Covenant— Kimpton Hotel
development, redevelopment, creation, and refurbishment of Public and Private
Improvements in the Desert Fashion Plaza area of downtown Palm Springs.
In October, 2012, the second amendment updated the original Project Site Plan and
Project Description. In the Updated Site Plan, certain Blocks were re-designated and
accurately described the evolved project. In addition, as part of the Amendment, the
Parties approved some changes in land uses, including the creation of an Event Area
on (re-lettered) Block E, which replaced the movie theatres included in the PFA.
Amendment No. 2 also included a change in the Project Description to allow for the
proposed Kimpton Hotel in Block C-1, a high end, first class hotel.
Hotel Incentive Program
The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in December,
2007 (Ordinance 1730, effective January 2008) to provide an incentive program for the
operation and maintenance of quality and first class hotel facilities which enhance the
tourist and travel experience for visitors to the city of Palm Springs, maximize the use of
the city's convention center, provide attractive and desirable visitor serving facilities and
experiences, and assist the city in achieving its tourism goals.
The renovation aspect of the Incentive Program has been extraordinary successful,
generating in excess of a $230 million investment in the renovation and upgrading of
hotel properties throughout the City. This type of development has had a positive and
significant effect on tourism in the City, with other positive spillover effects, and
continues at a strong pace, even today.
For most categories of hotel improvements, the Hotel Incentive Program expired at the
end of December 2012, having stimulated an incredible renovation of more than 1,600
Palm Springs hotel rooms. The ordinance had previously been amended to grant First
Class New Hotels an additional year, with the expiration due to occur in December,
2013.
In May, 2013 The City Council amended the ordinance, deleting the categories of
Quality, Deluxe and Boutique hotels and merging those designations, extending the
deadlines for participation all categories, and modifying the incentives for First Class
New Hotels. The deadline for all New Hotels to participate in the program was
extended to December 31, 2017.
In addition, the first paragraph of Section 5.26.040(a), "First Class New Hotels," was
modified as follows:
(a) First Class New Hotels. The City shall pay to an operator of a first class new
hotel an amount equal to seventy-five percent (75%) of the adjusted tax rate. Such
02
City Council Staff Report
November 19, 2014 -- Page 3
Hotel Operations Covenant—Kimpton Hotel
payments shall be made for thirty years or until the operator has been paid fifty million
dollars, whichever event occurs first.
The Kimpton Hotel, as proposed by the Developer and approved by the City, is qualified
as a First Class New Hotel and entitled to the provisions of Section 5.26.040(a) of the
ordinance.
Changes in State Law
In October, 2013, Section 53083 was added to the California Government Code.
Section 53083 states that before granting an economic development subsidy, each local
agency shall provide public notice and a hearing regarding the economic development
subsidy. "Economic development subsidy" under Section 53083 means any
expenditure of public funds or loss of revenue to a local agency in the amount of one
hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic
development within the jurisdiction of a local agency, including, but not limited to bonds,
grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee
waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax
credits.
Therefore, after January 1, 2014, each local agency shall, before approving any
economic development subsidy within its jurisdiction, provide all of the following
information in written form available to the public, and through its Internet Web site, if
applicable. The Hotel Operations Covenants as approved by the City now fall under
Section 53083 and are approved at Public Hearings.
For Palm Springs Promenade, LLC (Kimpton Hotel), the information is as follows:
1. The business entity that is the beneficiary of the economic development subsidy:
Palm Springs Promenade, LLC, 555 South Sunrise Way, Suite 200, Palm Springs,
CA 92264.
2. The start and end dates and schedule, if applicable, for the economic development
subsidy: The Operations Covenant starts on December 1, 2014 and ends
November 30, 2044. However, the "start date" of the Operations Covenant is the
date at which the construction project is deemed fully completed and the collection
of the TOT commences.
3. A description of the economic development subsidy, including the estimated total
amount of the expenditure of public funds by, or of revenue lost to the local agency
as a result of the economic development subsidy: The subsidy is the rebate of
75% share of Transient Occupancy Tax (TOT) collected annually calculated as
follows: after the start date (estimated 5/1/16) the subsidy is based on TOT
collections for the year; 75% of the TOT is payable to For Palm Springs
Promenade, LLC.
03
City Council Staff Report
November 19, 2014 -- Page 4
Hotel Operations Covenant—Kimpton Hotel
4. A statement of the public purposes for the economic development subsidy: The
City has confirmed that For Palm Springs Promenade, LLC, operation and
maintenance of the hotel facilities improvements, enhances the tourist and travel
experience for visitors by providing attractive and desirable facilities and assists
the City in achieving its tourism goals.
5. Projected tax revenue to the local agency as a result of the economic development
subsidy: The City keeps 25% of the TOT. Even with a portion of the increment
being shared with the applicant, the City conservatively still projects an average of
$200,000 of City TOT revenue over the thirty year period.
6. Estimated number of jobs created by the economic development subsidy, broken
down by full-time, part-time and temporary positions: The development of the hotel
will create no fewer than 100 positions, and a number of construction jobs during
the construction period.
FISCAL IMPACT:
The incentive is provided on a reimbursement basis to the Developer. For cash flow
purposes, Finance will segregate the portion of the TOT due to the Developer from the
TOT available as general City revenue, though it is all booked as revenue to the City.
At the Average Daily Rate for its comparable set and at an occupancy rate that is
slightly but not significantly higher than the City average, the Developer would likely
receive a TOT reimbursement of $600,000 per year or more over the life of the subsidy.
The remaining revenue to the City is "new" revenue, however, and available for general
City services.
Additionally, the development of the hotel is the key to the retail development of the site
and provides the energy to propel the higher-end tenants into Downtown. The City will
benefit for the additional sales tax and the spillover property tax benefits of the project.
J Jiml, Director David H. Ready, Cit ger
Attachments: Hotel Operations Covenant:
04
HOTEL OPERATIONS COVENANT
TO FOLLOW
05
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
oaM•
Date: November 19, 2014
Subject: HOTEL OPERATIONS COVENANT AGREEMENT
Kimpton Hotel
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on November 8, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
\L kmce
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on November 6, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
\4\-Zt
Kathie Hart, MMC
Chief Deputy City Clerk
06
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
HOTEL OPERATIONS COVENANT AGREEMENT
APPROVAL OF ECONOMIC DEVELOPMENT SUBSIDY
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of November 19, 2014. The City Council meeting begins at
6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider approving a Hotel Operations Covenant Agreement
in accordance with Chapter 5.26 of the Palm Springs Municipal Code to provide a Hotel
Operations Incentive Program for the Kimpton Hotel for the operation and maintenance of
hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize
the use of the City's Convention Center, provide attractive and desirable visitor facilities and
experiences, and assist the City in achieving its tourism goals.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
matter are available for public review at City Hall between the hours of 8:00 a.m. and
6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENTS: At the hearing any person may present oral or written testimony. The City
Council will consider all objections or protests, if any, to the Agreements. Response to this
notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written
comments can be made to the City Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior, to the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to John Raymond at (760) 323-8228.
Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
07
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A
HOTEL INCENTIVE COVENANT WITH PALM SPRINGS
PROMENADE, LLC FOR THE CONSTRUCTION OF A 155
ROOM KIMPTON HOTEL AT THE NORTHEAST CORNER
OF TAHQUITZ CANYON WAY AND BELARDO ROAD.
The City Council of the City of Palm Springs, California, finds:
A. The City, as lead agency, prepared the Museum Market Plaza Specific Plan EIR
(the "Specific Plan EIR"). The Specific Plan EIR analyzed the potential environmental
impacts of the proposed Museum Market Plaza Specific Plan pursuant to the California
Environmental Quality Act, Public Resources Code Sections 21000 et seq. and
California Code of Regulations, Title 14, Sections 15000 et seq. ("CEQA"). The Specific
Plan EIR concluded that the Museum Market Specific Plan would have significant and
unavoidable effects on the environment.
B. On December 9, 2009, the City Council for the City of Palm Springs made
findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement
of Overriding Considerations, and certified the Specific Plan EIR pursuant to the
provisions of CEQA. On that date, the City Council also adopted the Museum Market
Plaza Specific Plan, conditioned on compliance with the mitigation measures in the
Specific Plan EIR/ Mitigation Monitoring and Reporting Program. The redevelopment of
the Desert Fashion Plaza site was specifically contemplated by the Museum Market
Specific Plan and analyzed in the Specific Plan EIR.
C. On September 29, 2011, the City and Palm Springs Promenade, LLC, entered
into a Project Financing Agreement applicable to the financing, development,
redevelopment, creation and refurbishment of public and private improvements in
downtown Palm Springs at the Desert Fashion Plaza site within the Specific Plan area
which included, among other things, a site plan and project description depicting the
proposed improvements.
D. The City and Palm Springs Promenade, LLC, subsequently developed a Second
Amendment to the Project Financing Agreement which included a revised site plan and
project description (the "Second Amendment").
E. Pursuant to the Second Amendment, the redevelopment of the Desert Fashion
Plaza site will include, among other things: a first class hotel of approximately 170
Hotel Incentive Covenant-Kimpton
1�-�k- �k kwd� OVW �ake��a`h �kt�m l6
rooms at the northeast corner of Belardo Road and Tahquitz Canyon Way in lieu of a
commercial office building; that such hotel if maintained as a first class hotel would
qualify with the provisions of the City's Hotel Incentive Ordinance (PSMC Chapter 5.26);
an "Event Area" west of Belardo in lieu of a movie theater; and reconstruction of two lots
east of North Museum Drive and the Palm Springs Art Museum, to include new
landscaping and related hardscape and other improvements (collectively the "Modified
Project").
F. The City, as lead agency, determined that the Modified Project was within the
scope of the Specific Plan EIR and would not result in any new significant effects, a
substantial increase in the severity of previously identified significant effects, or require
any new mitigation measures or alternatives requiring major revisions in the Specific
Plan EIR. The City, therefore, prepared an Addendum to the Specific Plan EIR (the
"Addendum"). (Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164.).
G. On October 17, 2012, the City Council for the City of Palm Springs approved the
Addendum, found that the Modified Project conformed to the Museum Market Specific
Plan, and approved the Second Amendment.
H. On December 19, 2012, the City Council approved a Third Amendment to the
Project Financing Agreement which included further minor revisions to the Modified
Project including, among other things: a minor reconfiguration of Main Street such that
Main Street is no longer curved between North Museum Drive and Belardo Road, but
rather is straight between North Museum Drive and Belardo Road, an increase in the
total number of hotel rooms from 170 rooms to 185 rooms (some of which will now be
located in Block C-1), the further set back of the second story of the Block B building,
and certain changes in uses listed on the Site Plan (the "Third Amendment").
1. On December 19, 2012, the City Council also approved the following
entitlements for the project: Tentative Tract Map No. 36446 to subdivide 13.6 acres into
fourteen lots for development and four lots for public infrastructure (streets) located at
the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way; Major
Architectural Approval Case No. 3.3605 for development of lands located at the
northwest corner of North Palm Canyon and Andreas Road (new): Block "A"; Major
Architectural Approval Case No. 3.3606 for development of lands located at the
northwest corner of North Palm Canyon and "New Main Street": Block "B'; Major
Architectural Approval Case No. 3.3607 for development of lands located along the
westerly frontage of North Palm Canyon Drive, south of "New Main Street": Block "C';
and Planned Development District Case No. 5.1290 / PDD 361 for development of a
hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary
uses in excess of 60 feet in height located at the northeast corner of West Tahquitz
Canyon Way and Belardo Road (new): Block "C-1" (collectively, the "Entitlements").
Hotel Incentive Covenant-Kimpton
J. On December 19, 2012, the City found that the Third Amendment and the
Entitlements were within the scope of the Specific Plan EIR and the Addendum, and
none of the circumstances triggering further environmental review had occurred.
(Public Resources Code § 21166; CEQA Guidelines § 15162),
K. On February 13, 2013, the Planning Commission accepted the redesign of the
proposed hotel building located on Block C-1 with additional recommendations related
to landscaping, public art, and final colors.
L. On March 6, 2013, the City Council approved the revised hotel redesign and
determined Condition of Approval No. 1 of Resolution 23270 had been satisfied.
M. On October 14, 2014, the applicant filed an application with the City pursuant to
Section V of the Museum Market Plaza Specific Plan and Section 94.03.00 (Planned
Development District) of the Palm Springs Zoning Code requesting approval of the Final
Development Plans for Case 5.1290 PDD 361 for a hotel of 155 rooms with various
accessory and ancillary uses and ground floor commercial space on Block C-1 of the
Museum Market Plaza Specific Plan.
N. On October 20, 2014, the Architectural Advisory Committee (ACC) reviewed the
proposed Final Development Plans for Case 5.1290 PDD 361 and recommended
approval.
O. On November 12, 2014, the Planning Commission, at a public meeting, reviewed
the Final Development Plans for Case 5.1290 PDD 361 and found that prior
environmental assessments, including the Specific Plan EIR and Addendum adequately
address any environmental impacts of the Final Development Plans for Case 5.1290
PDD 361 and that no additional environmental review was required; the Final
Development Plans are in substantial conformance with the preliminary planned
development plan and all modifications and conditions made by the Planning
Commission and the City Council have been incorporated in the project; and approved
the Final Development Plan for the project.
P. In 2008 the City Council adopted, and has amended from time to time, Chapter
5.26 of the Palm Springs Municipal Code, the City's Hotel Operations Incentive
Program, for the purpose of providing incentives for the operation and maintenance of
quality and first call hotel facilities which enhance the tourist and travel experience for
visitors to the City, maximize the use of the City's Convention Center, provide attractive
and desirable visitor serving facilities and experiences, and assist the City in achieving
its tourism goals.
Q. The City Council finds that the Kimpton Hotel as approved pursuant to the
various entitlements described in this Resolution, meets the requirements established in
Hotel Incentive Covenant-Kimpton
PSMC Chapter 5.26 for a new first class hotel and is eligible for the City's hotel
operations incentive program.
R. On November 19, 2014, the City Council conducted a public hearing pursuant to
California Government Code Section 53083, has received a report from staff that
satisfies the requirements of Government Code Section 53083, and has determined that
the grant of incentives as provided in the proposed Hotel Operations Covenant is
consistent with and in furtherance of the goals, purpose, and requirements of PSMC
Section 5.26.
S. The City Council also finds that the Hotel Operations Covenant is a method of
financing in part the hotel contemplated and approved as Case 5.1290 PDD 361 and is
therefore within the scope of the Specific Plan EIR and the Addendum and therefore no
further CEQA review is required.
NOW, THEREFORE, the City Council of the City of Palm Springs resolves:
SECTION 1. The Hotel Operations Covenant with Palm Springs Promenade, LLC for
the construction of a 155 room Kimpton Hotel at the Northeast corner of Tahquitz
Canyon Way and Belardo Road is approved.
SECTION 2. The City Council finds that the Hotel Operations Covenant is within the
scope of the Specific Plan EIR and the Addendum and was fully analyzed under CEQA
at the time of the December 19, 2012 decision to approve the Entitlements and none of
the circumstances triggering further environmental review have occurred since the
adoption of the Addendum: (i) there are no substantial changes in the project requiring
major revisions of the Specific Plan EIR and Addendum due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; (ii) there are no substantial changes with respect to the
circumstances under which the project is being undertaken which will require major
revisions of the Specific Plan EIR and Addendum due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; and (iii) there is no new information of substantial importance, which
was not known and could not have been known with the exercise of reasonable
diligence at the time the Specific Plan EIR and Addendum were certified showing that:
(a) the project will have one or more significant effects not discussed in the Specific
Plan EIR and Addendum; (b) significant effects previously examined will be substantially
more severe than shown in the Specific Plan EIR and Addendum; (c) mitigation
measures or alternatives previously found not feasible would in fact be feasible, and
would substantially reduce one or more significant effects of the project, but the
mitigation measures or alternatives have not been adopted; or (d) mitigation measures
or alternatives considerably different from those analyzed in the Specific Plan EIR and
Addendum would substantially reduce one or more significant effects on the
environment, but the mitigation measures or alternatives have not been adopted. No
Hotel Incentive Covenant-Kimpton
further environmental review is required. (Public Resources Code § 21166; CEQA
Guidelines § 15162.)
PASSED, APPROVED, and ADOPTED this 19th day of November, 2014.
David H. Ready, City Manager
ATTEST
Jay Thompson, City Clerk
Hotel Incentive Covenant-Kimpton
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
THE CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Clerk
(Space Above This Line for Recorder's Office Use Only)
OPERATIONS COVENANT
THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND
RESTRICTIONS ("Agreement" or "Covenant") is made and entered into this 19th day of
November, 2014, by and between the CITY OF PALM SPRINGS, a municipal corporation and
charter city ("City"), and Palm Springs Promenade, LLC, a California limited liability company
("Owner" or"Participant").
RECITALS :
A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in
December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operation,
maintenance and expansion of the inventory of quality and first class hotels within the City that
enhance the tourist and travel experience for visitors to the City, maximize the use of the City's
Convention Center,provide attractive and desirable visitor serving facilities and experiences, and
assist the City in achieving its tourism goals. (Chapter 5.26 of the Municipal Code is
incorporated herein by reference and defined terms therein shall, unless otherwise indicated,
have the same meanings herein.)
B. Owner holds fee title to certain real property ("Site"), which is depicted as Block
C-1 on the Site Plan attached hereto as Exhibit "A", and legally described as Parcel 12 on the
recorded Parcel Map attached hereto as Exhibit`B". The Site, which is located in the downtown
area of the City of Palm Springs, California, is fully entitled for development of a first class new
hotel to contain approximately 155 hotel rooms ("Hotel' or "Project"). Owner has applied for
the Program and has provided satisfactory documentation confirming that the Hotel, as entitled
and approved and when completed and under operation, will qualify as a new first class hotel
and be entitled to benefits thereof under and pursuant to provisions of Chapter 5.26 of the
Municipal Code and this Agreement.
C. City and Owner now desire to place restrictions upon the use and operation of the
Project, in order to ensure that the Project shall be operated continuously as a hotel available for
short-term rental for the term of this Agreement.
D. City and Owner also agree that in return for participation in the Program, Owner
shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's
Committable Rooms Program; and provide City with a minimum of six (6) room-nights per
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dl 1.13.201
4
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month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax
Increment with Owner pursuant to the Program guidelines.
E. The City finds that no further environmental review is required in connection with
the approval of this Covenant in that, by adoption of Resolution 23270 on December 19, 2012,
the City Council approved a Planned Development District for the Hotel and found it to be in
compliance with the approved Specific Plan, certified FIR, and Addendum to EIR adopted
concurrently with said Resolution; further, all environmental challenges filed prior to the date of
this Agreement have been dismissed and become non-appealable, and all time limits for filing
further environmental challenges have expired.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Participant hereby conveys to the City the Operating
Covenants described herein and City hereby agrees to provide Participant with funds as provided
under the Program and as set forth hereinafter.
ARTICLE 1
STATEMENT OF OPERATING COVENANTS
1.1. OPERATION AND USE COVENANT. Upon occupancy, Owner covenants to
operate, maintain, and use the Owner's Hotel in accordance with this Agreement. All uses
conducted on the Site, including, without limitation, all activities undertaken by the Owner
pursuant to this Agreement shall, in all material respects, conform to requirements of this
Agreement and Palm Springs Municipal Code.
1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned,
managed, and operated as a hotel in a first-class manner, and the Project's participation in the
Program shall continue in accordance with the terms of the Program, for a term equal to thirty
years commencing upon the date Owner first receives from the City the Owner's share of
transient occupancy tax revenues pursuant to the Program, or until Owner has received from the
City the total sum of fifty million dollars if that occurs prior to the expiration of said thirty years,
unless Owner's participation in the Program is terminated prior thereto in accordance with this
Agreement (the "Term"). During the Term, City shall pay to Owner, within thirty days after
receipt from Owner of each monthly payment made by Owner to the tax administrator per
Section 3.24.080 of the Municipal Code, an amount equal to seventy-five percent of each such
payment. City acknowledges and agrees that City has reviewed proposed development and
operational plans for the Hotel and concluded that such plans are in substantial compliance with
and will satisfy first class Hotel requirements of the City and Chapter 5.26 of the Municipal
Code.
1. Housing Uses Prohibited. None of the rooms in the Project will at any
time be utilized as a non-transient residential property including dormitory, fraternity or
sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park
without the City's prior consent which consent may be given or withheld in its sole and
absolute discretion.
OPERATIONS COVENANT
jwkii�incernapeeiii -2- FOR HOTEL INCEN I IV E PROGRAM
2. Conversion of Project. No part of the Project will at any time be owned
by a cooperative housing corporation, nor shall the Owner take any steps in connection
with the conversion to such ownership or uses to condominiums, or to any other form of
ownership, without the prior written approval of the City Council which approval may be
given or withheld in its sole and absolute discretion.
ARTICLE 2
WARRANTIES AND COVENANTS
2.1. WARRANTIES AND COVENANTS. For the Term of this Agreement, the
Owner hereby represents, covenants, warrants and agrees as follows:
1. Owner has completed the City's application for the Hotel Operations
Incentive Program. Since the Hotel will be a new hotel, City has determined the
Transient Occupancy Tax Base to be used to calculate the Transient Occupancy Tax
Increment shall be zero, and the Owner accepts such Transient Occupancy Tax Base.
2. Owner hereby agrees to subscribe to the Palm Springs Convention
Center's Committable Rooms Program or any similar successor program as identified by
the City Manager without being obligated to incur any additional costs or expenses.
3. Upon City's prior request, Owner shall provide the City at no cost six (6)
rooms for one (1) night (or 3 rooms for 2 nights) other than Friday or Saturday nights
each month for use for City purposes as approved or designated by the City Manager,
provided that such use by the City shall be subject to the rooms being available at the
time of the City's request. Such accommodations shall include all services and amenities
for which the Owner would normally collect transient occupancy taxes but will not
include services and amenities that are optional to the transient and for which the
transient is not required to pay a transient occupancy taxes. City shall be responsible for
any transient occupancy taxes for any occupancy provided to City under the provisions of
this paragraph. Notwithstanding anything in this Agreement to the contrary, if the City
does not use rooms during any month, then its right to use rooms with respect to that
month shall expire at the end of that month and shall not accrue; provided, however, if
the City was unable to use rooms solely because Owner's Hotel had no rooms available
when the City requested a room in accordance with this Section 2.1.3, then, the City's
right to use rooms shall not expire and may be used by the City in a subsequent month.
ARTICLE 3
MAINTENANCE
3.1. MAINTENANCE.
1. Maintenance Obligation. Owner, for itself and its successors and assigns,
hereby covenants and agrees to maintain and repair or cause to be maintained and
repaired the Site and all related on-site improvements and landscaping thereon, including,
without limitation, buildings, parking areas, lighting, signs and walls in a first class
OPERATIONS COVENANT
jwkuTh.e.Iagre66 -3- FOR IIOTEI.INCENTIVE PROGRAM
condition and repair, free of rubbish, debris and other hazards to persons using the same,
and in accordance with all applicable laws, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and
expense. Such maintenance and repair shall include, but not be limited to, the following:
(i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings,
and other landscaping in a healthy condition; and (iii) the repair, replacement and
restriping of asphalt or concrete paving using the same type of material originally
installed, to the end that such paving at all times be kept in a level and smooth condition.
In addition, Owner shall be required to maintain the Project in such a manner as to avoid
the reasonable determination of a duly authorized official of the City that a public
nuisance has been created by the absence of adequate maintenance such as to be
detrimental to the public health, safety or general welfare or that such a condition of
deterioration or disrepair causes appreciable harm or is materially detrimental to property
or improvements within one thousand (1,000) feet of such portion of the Site. The
foregoing notwithstanding, Owner shall not be obligated to maintain any street or
sidewalk areas, or landscaping therein, which are to be maintained by the City pursuant to
a Project Financing Agreement executed by the City(as amended).
2. Parking and Driveways. The driveways and traffic aisles on the Site shall
be kept clear and unobstructed at all times.
3. Right of Entry. In the event Owner fails to maintain the Site in the above-
mentioned condition, and satisfactory progress is not made in correcting the condition
within thirty (30) days from the date of written notice from City (such notice shall
reasonably identify the required maintenance), City may, at City's option, and without
further notice to Owner, declare the unperformed maintenance to constitute a public
nuisance. Thereafter, either City or its employees, contractors, or agents, may cure
Owner's default by entering upon the Site and performing the necessary landscaping
and/or maintenance in accordance with Section 3.1.1 above. The City shall give Owner,
its representative, or the residential manager reasonable notice of the time and manner of
entry, and entry shall only be at such times and in such manner as is reasonably necessary
to carry out this Agreement. Owner shall pay such costs as are reasonably incurred by
City for such maintenance, including attorneys' fees and costs.
4. Lien. If any costs incurred by City under Section 3 above are not
reimbursed within thirty (30) days after Owner's receipt of City's written request for
reimbursement, the same shall be deemed delinquent, and the amount thereof shall bear
interest thereafter at a rate of the lower of ten percent (10%) per annum or the legal
maximum until paid. Any and all delinquent amounts, together with said interest, costs
and reasonable attorney's fees, shall be an obligation of Owner as well as a lien and
charge, with power of sale, upon the property interests of Owner, and the rents, issues
and profits of such property. City may bring an action at law against Owner obligated to
pay any such sums or foreclose the lien against Owner's property interests. Any such lien
may be enforced by sale by the City following recordation of a Notice of Default of Sale
given in the manner and time required by law as in the case of a deed of trust; such sale to
be conducted in accordance with the provisions of Section 2924, et seq., of the California
OPERATIONS COVENANT
jwki�in cm eiii -4- FOR HOTEL INCENTIVE PROGRAM
Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust,
or in any other manner permitted by law.
Any monetary lien provided for herein shall be subordinate to any bona fide
mortgage or deed of trust covering an ownership interest or leasehold or subleasehold
estate in and to any portion of the Site, and any purchaser at any foreclosure or trustee's
sale (as well as any deed or assignment in lieu of foreclosure or trustee's sale) under any
such mortgage or deed of trust shall take title free from any such monetary lien, but
otherwise subject to the provisions hereof, provided that, after the foreclosure of any such
mortgage and/or deed of trust, all other assessments provided for herein to the extent they
relate to the expenses incurred subsequent to such foreclosure, assessed hereunder to the
purchaser at the foreclosure sale, as owner of the subject Site after the date of such
foreclosure sale, shall become a lien upon such Site upon recordation of a Notice of
Assessment or Notice of Claim of Lien as herein provided. In the event of any such
foreclosure, City (or successor) agrees to and shall recognize and honor any existing
commercial (non-transient occupancy) leases in effect with respect to portions of the
Project, provided that commercial tenants of such leases agree to subordinate and attorn
to City(or successor) as the new landlord with respect to such leases.
ARTICLE 4
COMPLIANCE WITH LAWS
4.1. COMPLIANCE WITH LAWS. Owner shall comply with all ordinances,
regulations and standards of the City and City applicable to the Site. Owner shall comply with
all rules and regulations of any assessment district of the City with jurisdiction over the Site.
ARTICLE 5
NONDISCRIMINATION
5.1. NONDISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, gender,
sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any
person claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of guests or vendees of the Site, or any part thereof.
ARTICLE 6
COVENANTS TO RUN WITH THE LAND
6.1. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the Site to
the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby
declare their express intent that all such covenants, reservations, and restrictions shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors in
jwkinpincemageeiii OPERATIONS COVENANT
-5- FOR HOTEL INCENTIVE,PROGRAM
title to the Site; provided, however, that on the termination of this Agreement said covenants,
reservations and restrictions shall expire. All covenants without regard to technical classification
or designation shall be binding for the benefit of the City, and such covenants shall run in favor
of the City for the entire term of this Agreement, without regard to whether the City is or remains
an owner of any land or interest therein to which such covenants relate. Each and every contract,
deed or other instrument hereafter executed covering or conveying the Site or any portion thereof
shall conclusively be held to have been executed, delivered and accepted subject to such
covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and
restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants set forth herein touch and concern the land in that Owner's legal interest in the Site is
rendered less valuable thereby. City and Owner hereby further declare their understanding and
intent that the benefit of such covenants touch and concern the land by enhancing and increasing
the enjoyment and use of the Project by the intended beneficiaries of such covenants,
reservations, and restrictions, and by furthering the public purposes for which the City was
formed.
Owner, in exchange for the City entering into this Agreement, hereby agrees to hold, sell,
and convey the Site subject to the terms of this Agreement. Owner also grants to the City the
right and power to enforce the terms of this Agreement against the Owner and all persons having
any right, title or interest in the Site or any part thereof while such party owns the Site. No party
shall have any liability or obligation in connection with any breach occurring while such party is
not the owner of the Site.
Within fifteen (15) business days after request of Owner, City shall execute and provide
to Owner an estoppel certificate, in the form approved by the City Attorney of the City,
confirming whether or not Owner is in breach of any obligations under this Agreement and
identifying any required cure.
ARTICLE 7
INDEMNIFICATION
7.1. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to
indemnify, defend, and hold harmless City and its respective officers, members, officials,
employees, agents, volunteers, and representatives from and against any loss, liability, claim, or
judgment to or by any third party relating to development and/or operation of the Project by
Owner, excepting only any such loss, liability, claim, or judgment arising solely out of the
intentional wrongdoing or gross negligence of City or its respective officers, officials,
employees, members, agents, volunteers, or representatives. Owner, while in possession of the
Site, and each successor or assign of Owner while in possession of the Site, shall remain fully
obligated for the payment of property taxes and assessments in connection with the Site. The
foregoing indemnification, defense, and hold harmless agreement shall only be applicable to and
binding upon the party then owning the Site or applicable portion thereof.
OPERATIONS COVENANT
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7.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action
against the other party hereto by reason of the breach of any condition, covenant, representation
or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in
such action shall be entitled to recover from the other reasonable expert witness fees, and its
reasonable attorney's fees and costs. Attomey's fees shall include attorney's fees on any appeal,
and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for
investigating such action, including the conducting of discovery.
7.3. AMENDMENTS. This Agreement shall be amended only by a written
instrument executed by the parties hereto or their successors in title, and duly recorded in the real
property records of the County of Riverside.
7.4. NOTICE. Any notice required to be given hereunder shall be made in writing and
shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt
requested, at the addresses specified below, or at such other addresses as may be specified in
writing by the parties hereto:
City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Copy to: Woodruff, Spradlin& Smart, LLP
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Attn: Douglas C. Holland, Esq.
Owner: John Wessman
555 South Sunrise Way, Suite 200
Palm Springs, CA 92264
The notice shall be deemed given three (3) business days after the date of mailing, or, if
personally delivered, when received.
7.5. SEVERABILITY/WAIVER/INTEGRATION
1. Severabilitv. If any provision of this Agreement or portion thereof, or the
application to any person or circumstances, shall to any extent be held invalid,
inoperative, or unenforceable, the remainder of the provisions, or the application of such
provision or portion thereof to any other persons or circumstances, shall not be affected
thereby; provided, that if any material terms or provisions of these Operating Covenants
are rendered invalid, void and/or unenforceable, or due to changes in the law such terms
or provisions would materially alter the terms of the transactions contemplated herein, the
parties agree to meet and negotiate in good faith to attempt to reform these Operating
Covenants to accomplish the intent of the parties.
2. Waiver. A waiver by either party of the performance of any covenant or
condition herein shall not invalidate this Agreement nor shall it be considered a waiver of
OPERATIONS COVENANT
jwkimpimemapeeiii -7- FOR HOTEL INCENTIVE PROGRAM
any other covenants or conditions, nor shall the delay or forbearance by either party in
exercising any remedy or right be considered a waiver of, or an estoppel against, the later
exercise of such remedy or right.
3. Inte rag tion. This Agreement contains the entire Agreement between the
parties and neither party relies on any warranty or representation not contained in this
Agreement.
4. Third Parties. No third party beneficiaries are intended, and the only
parties who are entitled to enforce the provisions of these Operating Covenants are the
City, Mortgagees, Participant and their respective successors and assigns.
7.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California.
7.7. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute one original and all of which shall be one and the
same instrument.
7.8. TERMINATION. This Agreement may be terminated only (i) by and upon
expiration of the Term, (ii) by mutual written agreement of the parties, and (iii) by and pursuant
to the provisions of Section 7.9 or 7.10 below. In the event of any such termination, Owner (or
its successor, as applicable) shall not be obligated to return any amounts previously paid to it by
the City pursuant to the Program.
7.9 DEFAULT BY OWNER. If at any time during the Term, City contends that
Owner has committed a material default with respect this Agreement, e.g., by failing to operate
the Hotel as a first class hotel, City shall deliver to Owner written notice of default which
specifies in detail all facts alleged by City to constitute such default. For a period of thirty days
thereafter, Owner will have the right to commence and complete cure of the alleged default;
provided, however, if the alleged default is of such a nature as to reasonably require more than
sixty days to cure, and the Parties so agree, Owner will have such addition time as is reasonably
necessary to complete such cure. Subject to Section 7.11 below, if Owner fails to timely cure
such default, City shall then have the right to terminate this Agreement. (To the extent of any
inconsistency between the provisions of this Section 7.9 and the provisions of Section 3.1 above,
the provisions of this Section 7.9 shall prevail.)
7.10 DEFAULT BY CITY. If at any time during the Term, Owner contends that City
has committed a material default with respect this Agreement, Owner may deliver to City written
notice of default which specifies in detail all facts alleged by Owner to constitute such default.
For a period of thirty days thereafter, City will have the right to commence and complete cure of
the alleged default; provided, however, if the alleged default is of such a nature as to reasonably
require more than sixty days to cure, and the Parties so agree, City will have such addition time
as is reasonably necessary to complete such cure. Subject to Section T I 1 below, if City fails to
timely cure such default, Owner shall then have the right to terminate this Agreement or exercise
any and all other rights and remedies available at law and in equity, and each of such rights and
remedies shall be cumulative and not exclusive.
OPERATIONS COVENANT
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7.11 MORTGAGE PROVISIONS. Anything in this Agreement to the contrary
notwithstanding, with respect to any recorded mortgage or deed of trust given in good faith and
for value and encumbering the Hotel ("Mortgage"), any holder thereof that has delivered to City
a copy of such recorded Mortgage and current contact information("Mortgagee") will be entitled
rights and benefits in accordance with the following:
1. City acknowledges and agrees that the rights and obligations of Owner
under this Agreement may, with or without approval by City, be conditionally assigned by
Owner to any Mortgagee as security for performance of Mortgage obligations.
2. While any Mortgage remains in effect, City will not amend or modify this
Agreement in any material respect without receiving prior written approval from Mortgagee,
which approval may not be unreasonably withheld, delayed or conditioned; provided, however,
failure by Mortgagee to provide written approval or disapproval (and if disapproval the reasons
therefor) within thirty days of delivery of request therefor shall be deemed to constitute approval
by Mortgagee.
3. While any Mortgage remains in effect, in the event City delivers to Owner
of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall concurrently
deliver a copy thereof to Mortgagee.
4. Delivery of any such notice of default notwithstanding, City will not
terminate or initiate or pursue any action to terminate this Agreement as long as Mortgagee
diligently (i) declares a default by Owner under the Mortgage, (ii) pursues foreclosure and/or
other appropriate actions under the Mortgage, (iii) pays to City all amounts that would otherwise
have been payable by Owner to City, and (iv) cures non-monetary defaults.
5. Anything in this Agreement to the contrary notwithstanding, the following
shall apply: If, by proceedings by or against Owner in bankruptcy or otherwise, this Agreement
is terminated, and within a reasonable time (not to exceed one year) thereafter, the Hotel is
acquired by Mortgagee (or successor), by foreclosure, deed in lieu of foreclosure, or otherwise,
City will, upon written request of Mortgagee (or successor), and payment by Mortgagee (or
successor) of all amounts that City would have received if no termination had occurred, reinstate
this Agreement in the name and in favor of Mortgagee (or a successor), or enter into a new
agreement with Mortgagee (or successor) on essentially the same terms and conditions as
contained herein. The provisions of this Subsection 5 shall not apply where the grounds for
termination is failure to maintain the Site as a first class hotel declared by the City prior to (1)
filing bankruptcy and (2) service of a notice of bankruptcy on the City in the manner provided
under law.
7.12 Operator Provisions. City acknowledges and agrees that operational obligations
of Owner may, with or without consent of City, be assigned by Owner to a Hotel Operator of
Owner's choice, and, in connection therewith, such Hotel Operator may assume all or part of
Owner's Hotel operation obligations under this Agreement; provided, however, Owner shall
retain ultimate responsibility for such Hotel operation obligations. City agrees that while any
OPERATIONS COVENANT
jwki�i�iii -9- FOR HOTEL INCENTIVE PROGRAM
Hotel Operator agreement is in effect, and provided that City has been put on notice of such
agreement and received contact information for such Operator, in the event City delivers to
Owner of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall
concurrently deliver a copy thereof to the Operator.
7.13 RESERVED.
7.14 Cooperation. Each party agrees to and shall do and perform such other and
further acts and properly execute and deliver such other and further documents as may be
reasonably necessary, expedient or convenient to implement and/or effectuate the intents and
purposes hereof. City and Owner agree to cooperate with each other and/or with any Mortgagee
or proposed Mortgagee, in a manner consistent with concepts and principles of good faith, fair
dealing and commercial reasonableness, with respect to consideration, implementation and
execution of any modification(s) to this Agreement reasonably requested by the City, Owner,
Mortgagee or proposed Mortgagee.
7.15 Reasonable Approvals. Whenever this Agreement requires or calls for the
approval or consent of any party hereto, such approval shall not be unreasonably withheld,
delayed or conditioned.
7.16 Binding Arbitration. In the event of any dispute or controversy arising out of or
relating to this Agreement, or the breach or performance of it, the parties shall reasonably
attempt to resolve such dispute or controversy without resort to third party review or resolution.
The parties shall first meet and confer on any such dispute or controversy. Such meeting(s) shall
include any principal of the Owner and, at the discretion of the City, may include the City
Manager and/or the City Council, either as a whole or through an ad hoc subcommittee
designated by the City Council. Upon a determination by the parties that they are or will be
unable to resolve the dispute or controversy on their own, then the parties shall submit the
dispute, controversy or any remaining unresolved matter to binding arbitration, to be held in the
Coachella Valley, and be conducted pursuant to the Commercial Arbitration Rules of the
American Arbitration Association.
7.17 Incorporation of Recitals and Exhibits. Each of the recitals set forth above and
each of the exhibits attached hereto are agreed to and made part of this Agreement.
7.18 Authority. Each party represents and warrants to the other that such party has full
right, power and authority to sign, execute and enter into this Agreement.
OPERATIONS COVENANT
jwki��iwewayreeiii -to- FOR HO•FEL INCENTIVE PROGRAM
IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant
by duly authorized representatives on the date first written hereinabove.
"CITY"
THE CITY OF PALM SPRINGS,
a municipal corporation and charter city
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
By:
Douglas C. Holland, Esq.
City Attorney
"OWNER"
By:
Name:
Title:
By:
Name:
Title:
[END OF SIGNATURES]
OPERATIONS COVENANT
jwkin pincemagneeiii -t t- FOR HOTEL INCENTIVE PROGRAM
ACKNOWLEDGMENT
State of California )
County of )
On before me,
(insert name of no(ary)
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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 official seal.
Signature (Seal)
ACKNOWLEDGMENT
State of California )
County of )
On before me,
(insert name of no(ary)
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
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 official seal.
Signature (Seal)
OPERATIONS COVENANT
jwkimpimemgreeiii -12- FOR HOTEL INCENTIVE PROGRAM
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
Li i
State Of California 5s: 2014 NOV 13 PM 2* 47
County of Riverside j A i ,'-S T H U, •; :C;
cJTY CLERK
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000491054
1 am over the age of 16 years old, a citizen of the United
States and not a party to, or have interest in this matter. I _
hereby certify that the attached advertisement appeared No 1773--
in said newspaper (set in type not smaller than non panel) NOTICE OF PUBLIC HEARING
CITY COUNCIL.
in each and entire issue of said newspaper and not in any CITY OF-PALM SPRINGS
Supplement thereof On the following dates,to Wit: ,HOTEL OPERATIONS COVENANT
AGREEMENTS
APPROVAL OF ECONOMIC
Newspaper: .The Desert Sun DEVELOPMENT SUBSIDY,
NOTICE':, HEgEBY .GIVEN that the City
Counpl of the Crty of Pelm Springgs,Oalitoma w11 hold a public heanng at Its me 9 of.November
11/8/2014 19 2014;The City&Umal mestirg be Ins at
6 d0 pp m:, ld Yhe-Coungl Chamber a(-City Hall,
9200E TshquJ6 Canyon.Wey,Palm SPnngs::
The purpose of Phis hearing is tc cansder'aWrov i�a Hote aneons CovenamAgreement in ao-
cordance, Chapter 5.26 ofthe Palm Spdn99s
Munk par Code to provide a Hotel Operations.In'
cemrve program for the I impton Hotel for the op-
eration anti mahJenance of hotel Wiftles that en-
anc Cthe tounstland travel ex_pedence for vistlors
rice CgP 9,,mawmTze the use pf the Chy's ConVen.
I acknowledge that I am a rov�deama snd desuable`rialtor
g principal clerk of the printer of Imes ane-xpenenpea,rend essist the City In
The Desert Sun, printed and chlevi its(dudsm goals e; >.
p published weekly in the City
of Palm Springs, County of Riverside, State of California. part�•a d;odOiF ,INF ryIBdZIDN arye sreR re
The Desert Sun was adjudicated a newspaper of 'his ma't0 re aV¢iablme�fo'r blk reyrew regarding
Igeneral J10 bu M�ry
circulation on March 24, 1988 b the Superior Court of the Hslns!/et}vvaen 4ha hcure of B)0 am and,P9
Y P �� MAn'day rcu Thu rsda9 Pleese'�ontact
County of Riverside, State of California Case No. gyp Ak re 4 CIer(C,at`750)323-8204,R
191236. "N �e dbcum ule#en appointment to re-.
COMMENIT
TS lrgtma hearing any ersiin may
AreaQhtpn"Igrw�nen tesgmorry e�fry Counnl
I declare under penalty of perjury that the foregoing is true wlg cdnsM¢r all ri�b� sor praxis if an ro P Y P p rY 9 9 the Sreemants+R.��pnhse Y
to,ihis not}ce can be yma iba1Nat theP bhcFf$anpganNy
and correct. Executed on this Sth day of November, 2014 Y,
IRg re-the hearing Wntlen comments;ynb .I
de dbe..CaY COJgC� leder(for maeAr.ha 2
in Palm Springs,Cal Is. :
a E a r .Lc4
r ",Palm'S'`pnop ah 2 ay f,
Any cryallensse of nq roposed In Doug maybe,
limited tq raking on y�osp9iesdesxaised at the
Public hearing ascribe 7,n 71ilpotice arlq lvm[en.
cprolaes dance as red to rye CCit,y Clerkat.or
Sedlon50�08(pj{25 +ing{Govemrr(a2t Dada
Decl ant' Signature
appo'rlondy will le given at sa head r„
mterestey persogs ro be heard Ouesironea'' ' I,
ingg this�sd,mayba d4rec ep(6 John Raymond91
�de;Pal ceW�a 1pr lla" ,a
eF 38
James Thompson
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