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HomeMy WebLinkAbout1/1/2008 - CRA RESOLUTIONS RESOLUTION NO. 1345 A RESOLUTION OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08. WHEREAS, Resolution No. 1328 approving the budget for the fiscal year 2007-08 was adopted on June 6, 2007; and WHEREAS, the City Manager/Executive Director has recommended, and the Agency Board desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1328, adopting the budget for the 2007-08 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 811 Canyon 8191-Pending $66,000 Commercial Services, Inc. Purpose: To provide funding for downtown consulting services. SECTION 2. SOURCE Fund Activity Account Amount 811 Fund Balance 8191-29301 $66,000 ADOPTED this 9" day of January, 2008. David H. Ready,,Ex- ive Director ATTEST: sa-,.ram ca. nes Thompson, Assistant Secretary Resolution No. 1345 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. 1345 is a full,true and correct copy, and was duly adopted at an adjourned meeting of the Community Redevelopment Agency of the City of Palm Springs on the gch day of January, 2008, by the following vote: AYES: Agency Member Hutcheson,Agency Member Mills,Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk, ommunity Redevelopment Agency`s r ©p� City of Palm Springs, California 0 F' RESOLUTION NO. 1346 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING NEXUS COMPANIES AS THE MASTER DEVELOPER PARTNER IN THE AGENCY'S DESIGN FOR DEVELOPMENT MASTER PLAN PROCESS FOR FOCUSED DEVELOPMENT AREA ONE. BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that the Nexus Companies of Santa Ana, California is approved as the Master Developer Partner for Focused Development Area One in the Agency's "Design for Development" Master Plan process. ADOPTED this 161h day of January, 2008. F David H. Ready, E ` ive 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. 1346 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 16th day of January, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None- rfias Thompson, City Clerk 6-fment Agency mmunity Redevelop vvv City of Palm Springs, California RESOLUTION NO. 1347 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 OF SUBLEASE AGREEMENT NO. A0399C, WITH VIP MOTORS, LTD. TO RESET THE TRIGGER DATE TO JANUARY 1, 2007 FOR PROPERTY IMPROVEMENTS AT AN AUTOMOBILE DEALERSHIP AT 4095 EAST PALM CANYON DRIVE, MERGED PROJECT AREA NO. 1. BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: SECTION 1. This Second Amendment to the Sublease Agreement with VIP Motor Cars, Ltd., to reset the Trigger Date to January 1, 2007 for property improvements at an automobile dealership at 4095 East Palm Canyon Drive, Merged Project Area #1, is hereby approved. SECTION 2. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the Amendment, in a form approved by Agency Counsel. ADOPTED THIS 61h day of February, 2008. David H. Ready, rector •ATTEST:=- ames Thompson, Assistant Secretary Resolution No. 1347 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. 1347 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 6th day of February, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Gle k p3. .t.z�20DO ommunity Redevelop men t-Age nc -a' - City of Palm Springs, California RESOLUTION NO. 1348 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE TRANSFER AND ACCEPTING GRANT DEEDS FROM THE CITY OF PALM SPRINGS FOR TRANSFER OF THE VILLAGE GREEN, SUNRISE PARK, AND THE PALM SPRINGS VISITOR CENTER. The Community Redevelopment Agency of the City of Palm Springs finds: A. The Community Redevelopment Agency of the City of Palm Springs ("Agency") is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000, et. seq.). B. The Agency desires to implement the Amended and Restated Redevelopment Plans for its Merged Project Areas Nos. 1 and 2 ("Project Areas") by providing for the acquisition of certain public land and facilities in the Project Areas. C. The Agency finds that the properties which are the subject of this resolution are being acquired to implement and further the purposes of the adopted redevelopment plans for the Project Areas, including the planning, undertaking, construction, and operation of redevelopment within Project Areas. NOW, THEREFORE, the Community Redevelopment Agency of the City of Palm Springs resolves: 1. The Agency approves the purchase of three parcels of land with certain real property improvements ("Property No. 1, Property No. 2, and Property No. 3") within and adjacent to the Project Areas, generally identified as the Village Green (Property No. 1 , 211 South Palm Canyon Drive; APN: 513-153-017); Sunrise Park (Property No. 2, 1901 E. Baristo Road; APNs 502-200-001 and 502-200-002); and the Palm Springs Visitor Center (Property No. 3, 2901 North Palm Canyon Drive; APN: 504-040-001-8). 2. The Agency and City are in the process of preparing a real property appraisal of the Property for the purpose of determining the fair market value of the three parcels that make up the Properties. The Agency acknowledges that the fair market value of the Property as determined by the appraisal shall be the purchase price of the Property and Agency agrees to pay a sum equal to the fair market value as determined in the appraisal to the City in full payment of the Property. Resolution No. 1348 Page 2 3. The Agency accepts the rights, title, and interest in any existing leases or rental agreements for any portion of Property No. 1, Property No. 2, and Property No. 3 from the City of Palm Springs. 4. The Agency authorizes and directs the Agency Executive Director to pay to the City the purchase price as determined by the appraisal, execute an acceptance of the Grant Deeds on behalf of the Agency, and to complete and execute Promissory Notes and such other documents as may be reasonably necessary or prudent to complete this transaction. ADOPTED THIS 61h day of February, 2008. A y� David H. Ready, E e Director `ATTEST; es 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. 1348 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 6th day of February, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. iJ esThompson, Cit�rCler �. � ppg ommunity Red evelopmenfAgency, City of Palm Springs, California RESOLUTION NO. 1349 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING A SUBLEASE AGREEMENT WITH THE CITY OF PALM SPRINGS FOR THE DOWNTOWN PARKING GARAGE. The Community Redevelopment Agency of the City of Palm Springs finds: A. The Community Redevelopment Agency of the City of Palm Springs ("Agency") is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000, et. seq.). B. The Agency desires to implement the Amended and Restated Redevelopment Plans for its Merged Project Areas No. 1 ("Project Area") by providing for the acquisition of certain public land and facilities in the Project Areas. It is the desire of the Agency to acquire a sublease interest in five parcels with certain real property improvements located in Merged Project Area No. 1, identified as the Downtown Parking Garage at the northwest corner of Indian Canyon Drive and Baristo Road (APNs 513-154-045, 513-154-046, 513-154-047, 513-154-044, and 513-154-048, the "Downtown Parking Garage"). C. The Agency finds that the acquisition of a sublease interest in the Downtown Parking Garage is appropriate and prudent to implement and further the purposes of the adopted redevelopment plans for the Project Area, including the planning, undertaking, construction, and operation of redevelopment within Project Area, NOW, THEREFORE, the Community Redevelopment Agency of the City of Palm Springs resolves: 1, The Agency approves the Sublease Agreement with the City of Palm Springs for the Downtown Parking Garage. 2. The Agency agrees that the annual cost of such sublease shall be an amount equal to all annual payments and costs of the City pursuant to a Lease Agreement dated August 1, 2002 between the City and the Palm Springs Public Financing Authority. 3. The Agency authorizes and directs the Agency Executive Director to execute the Sublease, pay to the City the amounts specified in the Sublease, and execute such other documents as may be reasonably necessary or prudent to complete this transaction. Resolution No- 1349 Page 2 ADOPTED THIS 6" day of February, 2008. David H. Ready, E ive Director -ATTEST: so 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. 1349 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 6th day of February, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None- p J� es Thompson, City�Clerk ommunity Redevelopment-Agency - City of Palm Springs, California RESOLUTION NO. 1350 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION AND DESERT HIGHLAND ASSOCIATES, LP TO PROVIDE ASSISTANCE IN THE DEVELOPMENT OF A 59 UNIT APARTMENT PROJECT ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING, MERGED PROJECT AREA NO. 1. 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, Rosa Gardens Apartments, proposed for low-income families, was approved on February 13, 2008 by the Palm Springs Planning Commission; and WHEREAS, the property developers, Coachella Valley Housing Coalition and Desert Highland Associates, LLC, sought Agency financial assistance to cover a portion of the development cost; and WHEREAS, the property developers, Coachella Valley Housing Coalition and Desert Highland Associates, LLC, have received project funding from State HOME funds and the State Multi-Family Housing Program (MHP) and will submit a Law Income Housing Tax Credit (LIHTC) application to the California Tax Credit Allocation Committee for the July, 2008 application round and have requested Agency assistance to strengthen the application; and WHEREAS, while all of the units are income-restricted under agreements with HOME, MHP the owners shall agree to restrict, though a Regulatory Agreement approved as an attachment to the Disposition and Development Agreement, the rents on 49% of the proposed units (59) to levels affordable to families with incomes no more than 60% of Area Median Income (AM]); and NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Resolution No. 1350 Page 2 SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), the Community Redevelopment Agency finds as follows: a) The City Council adopted a Mitigated Negative Declaration for the project based on the preparation of an Initial Study and the recommendation of the Planning Commission. Mitigation measures are included in the project design and adopted as part of the Conditions of Approval for the Project. b) The Agency finds that the Planning Commission adequately discussed the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public services, archaeological/historic resources, public controversy, and light and glare). The Community Redevelopment Agency further finds that the Mitigated Negative Declaration reflects its independent judgment. SECTION 3. The Developer has proposed building 59 low- and very low- income apartment units on the site, including 8 one-bedroom units, 23 two-bedroom units, 23 three-bedroom units, and 5 four-bedroom units ranging in size from 600 square feet to 1,400 square feet. The project, while receiving several reductions in development standards and a density bonus required under Section 65915 of the California Government Code, contains significant architectural and landscaping upgrades as well a community building and tot lots. 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. Resolution No. 1350 Page 3 SECTION 7. Based on foregoing reasons, this Owner Participation Agreement with Coachella Valley Housing Coalition and Desert Highland Associates, LLC is hereby approved and incorporated herein by this reference. SECTION 8. The Chairman, 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. ADOPTED THIS 201h day of February, 2008. David H. Ready, x irector ATTEST: -�Jmes_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. 1350 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 20th day of February, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None- ABSTAIN: None. /rfies Thompson, City Clerk c /j-zj2p�8 ommunity Redevelopment_Agency . r City of Palm Springs, California RESOLUTION NO. 1351 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08. WHEREAS, Resolution 1328 approving the budget for the fiscal year 2007-08 was adopted on June 6, 2007; and WHEREAS,the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1328, adopting the budget for the 2007-08--fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 851 8209 65124 $130,071 Purpose: SECTION 2. SOURCE Fund Activity Account Amount 861 29301 Fund Balance $130,071 ADOPTED THIS 201" day of February, 2008 David H. Ready, a Director ATTEST; mes Thompson, Assistant Secretary Resolution No. 1351 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. 1351 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 20th day of February, 2008, by the following vote: AYES: Agency Member Hutcheson,Agency Member Mills,Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. /<Omes Thompson, City Clerk/ /Community Redevelopment`Agenc� J/1_ Doo (/ City of Palm Springs, California RESOLUTION NO. 1352 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, APPROVING A PURCHASE AGREEMENT WITH THOMAS WHITE AND YOLANDA MARIE GANT FOR A SINGLE FAMILY HOME AT 945 COTTONWOOD ROAD FOR THE SUM OF $166,620, EXERCISING THE AGENCY'S SALE RIGHT UNDER THE REGULATORY AGREEMENT, TO PRESERVE THE AFFORDABLE HOUSING INVENTORY IN THE COTTONWOOD/ CHUCKWALLA AREA, MERGED AREA #1 (FORMERLY PROJECT AREA 9-B). WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") 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, Seller acquired property (APN 507-042-027) on February 26, 2003 by Document # 2003-132358 and entered into Regulatory Agreement on February 26, 2003 by Document # 2003-132360; and WHEREAS, the Agency desires to acquire the property located in the Cottonwood/Chuckwalla constituent area of Merged Redevelopment Project Area No. 1, more particularly described in Exhibit "A" to this Resolution ("Property"); and WHEREAS, the Agency wishes to exercise its right to identify a prospective Qualified Purchaser who can meet the legal low or moderate income standard and qualify for a conventional mortgage; and WHEREAS, funds for the purchase of the Property are available in the Agency's Low/Moderate Housing Fund. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. The Purchase Agreement between the Agency and Thomas White and Yolanda M. Gant, as joint tenants, for the Property in the Cottonwood/Chuckwalla area, more particularly described in Exhibit "A", is hereby approved in a form acceptable to the Agency Counsel. SECTION 2. The purpose of the purchase is to preserve the affordable housing inventory of for-sale detached single family homes for low and moderate households in Resolution No. 1352 Page 2 the Cottonwood/Chuckwalla constituent area of Merged Redevelopment Project Area No. 1. SECTION 3. The purchase is to be funded from the Agency's Low/Moderate Income Housing Fund. SECTION 4. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the necessary documents to complete the approved purchase. ADOPTED THIS 2No DAY OF APRIL, 2008 David H. Read Ive 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. 1352 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 April 2, 2008, by the following vote: AYES: Agency Member Mills, Agency Member Hutcheson, Agency Member Weigel, Vice Chair Foat, Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. / mes Thompson, Assistant Secretary (community Red evelopmentAgency f`- City of Palm Springs, California c54 f 0-hemp' Resolution No. 1352 Page 3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Land and Improvements is that certain real property located in the Seller of Palm Springs, County of Riverside, and State of California, more particularly described as follows: Lot 4 of Tract 29695, recorded in Book 316, Pages 6 to 8 inclusive, of Maps, records of Riverside County, California. RESOLUTION NO. 1353 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA HOUSING FINANCE AGENCY FOR FUNDING UNDER THE RESIDENTIAL DEVELOPMENT LOAN PROGRAM (RDLP) AND AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT TO FACILITATE THE PROPOSED DEVELOPMENT AT INDIAN CANYON DRIVE AND SAN RAFAEL ROAD. WHEREAS, the Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code §§ 33000, et seq.); and WHEREAS, the Agency wishes to apply for and receive an allocation of funds through the Residential ❑evelopment Loan Program (hereinafter referred to as RDLP); and WHEREAS, the California Housing Finance Agency (hereinafter referred to as "CaIHFA") has commenced an application round for the RDLP program and is authorized to approve loan applications made to it to be used for the purposes of directly producing affordable housing units; and WHEREAS, the Agency wishes to submit an application to obtain from the CaIHFA an allocation of RDLP funds; WHEREAS, the Agency acknowledges that the RDLP program is a loan made to the public agency to be repaid from either project revenue or from general low-mod housing setaside funds that accrue to the Agency. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, THAT: SECTION 1. The Agency shall submit to the California Housing Finance Agency an application to participate in the RDLP program in response to the notice issued on March 14, 2008, which will request a funding allocation to incur indebtedness not to exceed $530,555 to facilitate the development of a 52-unit For-Sale Residential Project located on APN 501-0310028 in Palm Springs, California. SECTION 2. If the application for funding is approved, the Agency hereby agrees to use RDLP funds for eligible activities in the manner presented in the application as approved by CaIHFA in accordance with its regulations. SECTION 3. The Agency authorizes the Executive Director or his designee to execute in the name of the Community Redevelopment Agency of the City of Palm Springs the application, the Standard Agreement and all other documents required by CaIHFA for participation in the RDLP program, including: drawdown requests, quarterly performance reports, annual performance reports and environmental certifications as the Certifying Officer, and amendments thereto. PASSED, APPROVED, AND ADOPTED THIS 30T" DAY OF APRIL, 2008. David H. Ready, cutive Director ATTEST: mes Thompson, Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that Resolution No. 1353 is a full, true and correct copy, and was adopted at a regular meeting of the City of Palm Springs Community Redevelopment Agency on April 30, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. - - - ABSTAIN: None. P, es Thompson, City--Clerk o_i �oo8 ty of Palm Springs, California . . -- `J . RESOLUTION NO. 1354 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF TWO SUPPLEMENTAL INDENTURES RELATING ITS MERGED PROJECT AREA NO, 1 TAX ALLOCATION BONDS, 2007 SERIES A, ITS MERGED PROJECT NO. 1 TAXABLE TAX ALLOCATION BONDS, 2007 SERIES B, AND ITS MERGED PROJECT AREA NO. 2 TAXABLE TAX ALLOCATION BONDS, 2007 SERIES C, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") is authorized pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") to issue its tax allocation bonds for the purpose of financing and refinancing redevelopment activities with respect to its Merged Project No. 1 and its Merged Project No.2 ("Merged Project No. V and "Merged Project No. 2", respectively); and WHEREAS, for the purpose of financing and refinancing redevelopment activities with respect to the Redevelopment Project, the Agency issued its $14,240,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs (Merged Project No. 1) Tax Allocation Refunding Bonds, 2004 Series A, pursuant to an Indenture of Trust (the "2004 Bonds Indenture"), dated as of May 1, 2004, by and between the Agency and BNY Western Trust Company, as trustee; and WHEREAS, for the purpose of financing additional redevelopment activities with respect to the Redevelopment Project on a federally tax-exempt basis, the Agency issued its $12,770,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 1 Tax Allocation Bonds, 2007 Series A (the "2007 Series A Bonds") and its $1,910,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 1 Taxable Tax Allocation Bonds, 2007 Series B (the "2007 Series B Bonds") pursuant to a First Supplement to Indenture of Trust and a Second Supplement to Indenture of Trust, respectively, each dated as of August 1 , 2007 and each by and between the Agency and the Trustee, amending and supplementing the 2004 Bonds Indenture (the 2004 Bonds Indenture as amended and supplemented, the "Merged Project No. 1 Indenture"); and WHEREAS, proceeds of the 2007 Series A Bonds were deposited in the Merged Project No. 1 2007 Series A Bonds Redevelopment Fund held by the Trustee pursuant to Section 10.07(b) of the Merged Project No. 1 Indenture and the proceeds of the 2007 Series B Bonds were deposited in the Merged Project No. 1 2007 Series B Bonds Redevelopment Fund held by the Trustee pursuant to Section 11.07(b) of the Merged Project No. 1 Indenture; and Resolution No. 1354 Page 2 WHEREAS, the Agency has determined that, notwithstanding anything in the Merged Project No. 1 Indenture to the contrary, investment earnings on moneys in the Merged Project No. 1 2007 Series A Bonds Redevelopment Fund and in the Merged Project No. 1 2007 Series B Bonds Redevelopment Fund shall be retained in the respective Funds and used for the purposes of such Funds and has determined to amend said Sections 10.07(b) and 11.07(b) accordingly, as further provided in the Third Supplement to Indenture of Trust (the 'Third Supplement'), dated as of March 1, 2008, by and between the Agency and The Bank of New York Trust Company, N.A. (the "`Trustee"); and WHEREAS, for the purpose of financing and refinancing redevelopment activities with respect to the Redevelopment Project, the Agency issued its $9,075,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs (Merged Project No. 2) Tax Allocation Refunding Bonds, 2004 Series B, pursuant to an Indenture of Trust (the "2004 Bonds Indenture"), dated as of May 1, 2004, by and between the Agency and BNY Western Trust Company, as trustee; and WHEREAS, for the purpose of financing additional redevelopment activities with respect to the Redevelopment Project on a federally taxable basis, the Agency issued its $6,495,000 aggregate principal amount of Community Redevelopment Agency of the City of Palm Springs Merged Project No. 2 Taxable Tax Allocation Bonds, 2007 Series C (the "2007 Series C Bonds") pursuant to a First Supplement to Indenture of Trust, dated as of August 1, 2007, by and between the Agency and the Trustee, amending and supplementing the 2004 Bonds Indenture (the 2004 Bonds Indenture as amended and supplemented, the "Merged Project No. 2 Indenture"); and WHEREAS, proceeds of the 2007 Series C Bonds were deposited in the Merged Project No. 2 2007 Series C Bonds Redevelopment Fund held by the Trustee pursuant to Section 10.07(b) of the Merged Project No. 2 Indenture; and WHEREAS, the Agency has determined that, notwithstanding anything in the Merged Project No. 2 Indenture to the contrary, investment earnings on moneys in the Merged Project No. 2 2007 Series C Bonds Redevelopment Fund shall be retained in such Fund and used for the purposes of such Fund and has determined to amend said Sections 10.07(b) accordingly, as further provided in the Second Supplement to Indenture of Trust (the "Second Supplement'), dated as of March 1, 2008, by and between the Agency and The Bank of New York Trust Company, N.A. (the "Trustee"); and WHEREAS, the Agency hereby determines that the amendments to the Merged Project No. 1 Indenture and to the Merged Project No. 2 Indenture, as above described, will not materially adversely affect the Owners of the Bonds within the meaning of Section 7.01(b) of the Merged Project No. 1 Indenture or the Merged Project No. 2 Indenture and, therefore, such amendment does not require Bondowner or Insurer consent within the meaning of the Merged Project No. 1 Indenture or the Merged Project No. 2 Indenture; and Resolution No, 1354 Page 3 WHEREAS, the Agency, with the aid of its staff has reviewed the Third Supplement and the Second Supplement and the Agency wishes at this time to approve the foregoing in the public interests of the Agency. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. Approval of Third Supplement. The Agency hereby approves the Third Supplement (being supplemental to the Merged Project No 1 Indenture) in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director, and execution of the Third Supplement shall be deemed conclusive evidence of the Agency's approval of such additions or changes. The Chairman and Secretary of the Agency are hereby authorized and directed to execute, attest and affix the seal of the Agency to the Third Supplement for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Third Supplement. Section 2. Approval of Second Supplement. The Agency hereby approves the Second Supplement (being supplemental to the Merged Project No 2 Indenture) in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director, and execution of the Second Supplement shall be deemed conclusive evidence of the Agency's approval of such additions or changes. The Chairman and Secretary of the Agency are hereby authorized and directed to execute, attest and affix the seal of the Agency to the Second Supplement for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Second Supplement. Section 3. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. PASSED, APPROVED, AND ADOPTED THIS 215' DAY OF MAY, 2008. David H. Ready, Ive hector ATTEST: mes Thompson, Secretary Resolution No. 1354 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that Resolution No. 1354 is a full, true and correct copy, and was adopted at a regular meeting of the City of Palm Springs Community Redevelopment Agency on the 21s. day of May, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ,ty es Thompson, City Clerk G5ity of Palm Springs, California a RESOLUTION NO. 1355 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH ENDURE INVESTMENTS, LLC, FOR THE DISPOSITION OF AN APPROXIMATE 0.45 ACRE PARCEL OF LAND FOR THE DEVELOPMENT OF AN AUTOMOTIVE SERVICE STATION NEAR THE SOUTHEAST CORNER OF MISSION ROAD AND GENE AUTRY TRAIL. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approve a Disposition and Development Agreement by and among the Community Redevelopment Agency of the City of Palm Springs and Endure Investments LLC, a Nevada limited liability company. SECTION 2. The Executive director or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED THIS 18th day of June, 2008. David H. Ready, Ex ector ATTEST: mes Thompson, Secretary Resolution No. 1355 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, do hereby certify that Resolution No. 1355 is a full, true and correct copy, and was adopted at a regular meeting of the City of Palm Springs Community Redevelopment Agency on the 18th day of June, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. - - mes Thompson, Assistant Secretary ommunity Redevelopment Agency 0-7-Pph000's City of Palm Springs, California RESOLUTION NO. 1356 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2008-09, WHEREAS, a budget for the fiscal year 2008-2009 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 $29,541,372 be approved for the following purposes: Capital & Admin. Debt Service Merged Area No. 1 $ 1,166,249 $14,446,983 Merged Area No, 2 1,039,776 9,663,325 Low & Mod. Income Housing 3,124,070 0 Plaza Theatre 100,969 0 $ 5,431,064 $ 24,110,308 Resolution No. 1356 Page 2 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 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 2008-2009 is as follows, including total Agency assistance committed: CVHC Rosa Parks Blvd. Project $ 600,000 Indian/San Rafael Multi-Family For-Sale Project $ 500,000 Unscheduled Capital Projects $ 350,000 Tahquitz Court Apartments $ 575,000 Desert Highland Infill Program (Phase II) $ 250,000 Riverside County Admin Fee $ 25,000 Section 4. That the accomplishments of the Low and Moderate Income Program in Fiscal Year 2007-2008 are as follows: • Vista Sunrise Special Needs Apartments. The project was completed in 2006-07 and has begun leasing. Riverside County has also completed construction of the adjacent Family Care Center which opened in March 2008, • Coyote Run Apartments Expansion. The project was completed in 2006-07 and is currently leasing. • Tahquitz Court Apartments. The Agency made a preliminary commitment of the rehabilitation of this 108-unit apartment complex with a multi-year commitment of $2.8 million. The project is applying for bond funds and 4% Low Income Housing Tax Credits. The project is expected to receive its funding in the 2007 08 year. • Rosa Gardens. The Agency has committed a total of $1.2 million to this 59 unit apartment project on Rosa Parks Blvd. Construction will commence in 2008-09. The Agency has entered an Exclusive Agreement to negotiate with Community Dynamics of Santa Monica to develop 52 moderate income for sale townhouses on the Agency's 3.6 acre site at Indian and San Rafael. Resolution No. 1356 Page 3 ADOPTED THIS 19th day of June, 2008. David H. Ready, Exgs e 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. 1356 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 18th day of June, 2008 by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, Assistant _ ecretary Community Redevelopment Agency�fIllgZ4dB City of Palm Springs, California RESOLUTION NO. 1357 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE FAIR MARKET VALUE OF THE VISITOR'S CENTER, VILLAGE GREEN, AND SUNRISE PARK TO THE CITY OF PALM SPRINGS. The Community Redevelopment Agency of the City of Palm resolves: 1. The Community Redevelopment agency of the City of Palm Springs, on February 6, 2008, authorized the sale of the Visitor's Center (northwest corner of North Palm Canyon and Tramway Road; APN: 604-040-001-8), Village Green (211 South Palm Canyon Drive; APN: 513-153-017), and Sunrise Park (1901 E. Baristo Road; APNs 502-200-001 and 502-200-002) to the Community Redevelopment Agency of the City of Palm Springs, subject to a determination of the fair market value of such property. 2. The Community Redevelopment Agency finds and confirms that the fair market value of the Visitor's Center and the Village Green is $4,465,000. 3. The Community Redevelopment Agency finds and confirms that the fair market value of Sunrise Park is $51,297,850. 4. The Community Redevelopment Agency authorizes and directs the Executive Director to execute and modify the promissory notes previously approved by this Council to reflect the fair market values confirmed in this Resolution. ADOPTED THIS 18th day of June, 2008. David H. Ready, Ex i ' irector ATTEST: ?meEsThompson, Assistant Secretary Resolution No. 1357 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. 1357 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 18�h day of June, 2008 by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, Assistant Secretary. . Community Redevelopment Agencytj7 f jW City of Palm Springs, California RESOLUTION NO. 1358 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08. WHEREAS, Resolution 1328 approving the budget for the fiscal year 2007-08 was adopted on June 6, 2007; and WHEREAS, the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW, THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1328, adopting the budget for the 2007-08 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount No. 001 12416 General Fund Redevelopment $1, 466,785 Agency Loans Receivable Purpose: New loan to Merged Area #1 Capital & Admin to cover on-going costs. SECTION 2, SOURCE: Merged Area #1 is concurrently repaying $1,466,785 in loans from the General Fund. Fund Activity Account Amount No. 811 Merged Area #1 29301 $1,466,785 Capital & Admin Fund Balance Resolution No. 1358 Page 2 ADOPTED THIS 16" day of July, 2008. David H. Read —e- e 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. 1358 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 16�" day of July, 2008, by the following vote: AYES: Agency Member Hutcheson,Agency Member Mills,Agency Member Weigel, and Chair Pougnet. NOES: None. ABSENT: Vice Chair Foat ABSTAIN: None. es Thompson, Assistant Secretary _ ommunity Redevelopment Agency,:r�zt�yD�B City of Palm Springs, California RESOLUTION NO. 1359 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08. WHEREAS, Resolution 1328 approving the budget for the fiscal year 2007-08 was adopted on June 6, 2007; and WHEREAS,the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW,THEREFORE BE IT RESOLVED that the Directorof Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1328, adopting the budget for the 2007-08 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount No. 001 12416 General Fund Redevelopment $545,000 Agency Loans Receivable Purpose: New loan to Merged Area #2 Capital & Admin to cover on-going costs. SECTION 2. SOURCE: Merged Area #2 is concurrently repaying $545,000 in loans from the General Fund. Fund Activity Account Amount No. 812 Merged Area #2 29301 $545,000 Capital & Admin Fund Balance ADOPTED THIS 161h day of July, 2008. David H. Ready, cutive Director -ATTEST: _ �,/�mEs Thompson, Assistant Secretary Resolution No. 1359 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. 1359 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 16th day of July, 2008, by the following vote: AYES: Agency Member Hutcheson,Agency Member Mills,Agency Member Weigel, and Chair Pougnet. NOES: None. ABSENT: Vice Chair Foat_ ABSTAIN: None. mes Thompson, Assistant Secretary ommunity Redevelopment Agency07 City of Palm Springs, California RESOLUTION NO. 1360 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2007-08 TO FISCAL YEAR 2008-09. WHEREAS, the City Council of the City of Palm Springs has adopted a budget for the 2008-09 fiscal year; and WHEREAS, certain projects budgeted in the 2007-08 fiscal year budget have been started but not completed, and WHEREAS, the unencumbered balances of those certain appropriations are necessary for completion of the projects; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs hereby authorizes carrying forward to the nearest dollar, as continuing appropriations into the 2008-09 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount as of June 30, 2008, of the following accounts: Merged Area ##1 Fund 11,826,882 Merged Area ##2 Fund 4,345,456 Plaza Theatre Fund 14,817 Low Mod Housing Fund 1,991,047 Grand Total 18,178,202 All appropriations approved subsequent to the passage of this resolution for the 2007- 08 fiscal year, and not expended, are authorized to be continued into the 2008-09 fiscal year, as shown on Exhibit A. ADOPTED this 16th day of July, 2008. David H. Ready, ive Director ATTEST: --/,tames Thompson, Assistant Secretary Resolution No- 1360 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- 1360 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 16th day of July, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, and Chair Pougnet. NOES: None. ABSENT: Vice Chair Foat. ABSTAIN: None. mes Thompson, Assistant Secretary ommunity Redevelopment Agency 6) 7/.3- pDg City of Palm Springs, California Resolution No. 1360 Page 3 Exhibit A ACCOUNT NO ACCOUNT TITLE AMOUNT 811-8191-50000 Unscheduled Capital Projects 221,420 811-8191-50005 Unscheduled Bond Proceeds 2004 36,812 811-8191-50006 Unscheduled Bond Proceeds 2007 7,200,000 811-8191-65181 Stevens/NPC 9,650 81 1-81 91-651 94 COD Master Plan 149,900 811-8191-65198 Decorative Sidewalk Paving 35,000 811 8191-65199 Downtown Trash Enclosure 2,445 811-8191-65201 Desert Art Center Upgrades 15,000 811-8191-65208 Home Improvement Program 50,000 811-8191-65210 San Rafael Street Repairs 27,985 811-8191-65213 Animal Shelter 2007 Bond 4,078,670 11,826,882 812-8192-50000 Unscheduled Capital Projects 1,259,182 812-8192-50005 Unscheduled Bond Proceeds 2004 1,328,732 S Palm Canyon 812-8192-65171 Widening 788,969 812-8192-65185 Triangle Parcel Design 2,000 812-8192-65219 Suit Block Leasehold 2007 Bond 966,573 4,345,456 821-8199-42705 Land Lease and Rentals 5,600 Building Repairs & 821-8199-43050 Maint 9,217 14,817 882-8382-50000 Unscheduled Capital Projects 145,438 882-8382-65122 SFR Rehab Program 3,913 882-8382-65145 Desert Highland Infill 205,522 882-8382-65158 Tahquitz Court Apts 600,000 882-8382-65170 Desert Highland Infill 50,000 882-8382-65174 North Indian/San Rafael 500,728 882-8382-65188 Coyote Run II 3,139 Housing Element 882 8382-65190 Update 225 882-8382-65204 CVHC (Rosa Gardens Apts) 257,682 882-8382-65205 Energy Efficiency Program 100,000 882-8382-65206 Blighted Site Abatement 124,400 1,991,047 GRAND TOTAL $ 18,178,202 18,178,202 RESOLUTION NO. 1361 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR FISCAL YEAR 2008-09, WHEREAS, Resolution 1356 approving the budget for the fiscal year 2008-09 was adopted on June 18, 2008; and WHEREAS, the Executive Director has recommended, and the Community Redevelopment Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1356, adopting the budget for the 2008-09 fiscal year is hereby amended as follows: SECTION 1. ADDITION Fund Activity Account Amount 811 8191 65199 $325,000 Purpose: Downtown Trash Enclosure and Alleyway Enhancements, City Project No. 07-26 SECTION 2. SOURCE Merged Area #1 Fund Balance Fund Activity Account Amount 811 29301 $325,000 ADOPTED this 16th day of July, 2008. David H. Rea ` ' ive Director ---ATTEST:' mes Thompson, Assistant Secretary L/ - Resolution No. 1361 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. 1361 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 16tY day of July, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, and Chair Pougnet. NOES: None. ABSENT: Vice Chair Foat. ABSTAIN: None_ es Thompson, Assistant Secretary mmunity Redevelopment Agencyo���,atrp-PODS City of Palm Springs, California- RESOLUTION NO. 1362 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN AGREEMENT WITH G&M CONSTRUCTION FOR BID SCHEDULES A, B, AND ADDITIVE BID SCHEDULE C, FOR THE DOWNTOWN TRASH ENCLOSURE AND ALLEYWAY ENHANCEMENTS, IN THE AMOUNT OF $291,195 CP 07- 26. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency"), is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 (et-seq.) to carry out the purpose of redevelopment in the City of Palm Springs, ("City'); WHEREAS, pursuant to Section 33447 of the Community Redevelopment Law, the Agency may finance the construction of public improvements that will be of benefit to and enhance the environment of the project area; WHEREAS, on November 7 2007, the Agency approved the award of contracts for the design of the Downtown Trash Enclosure and Alleyway Enhancements to the Consultants (DMC Design Group and David Volz Design); and WHEREAS, on May 7, 2008, the Agency approved the plans, specifications and estimate and authorized staff to bid the project; and WHEREAS, on June 20, 2008, bids were received for the project. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency hereby determines that the apparent low bidder, Simon Contracting, is non-responsive for failure to follow instructions included in the project specifications relating to subcontracts, for failure to perform, with its own organization, contract work amounting to at least 50% of the contract price. Section 2. The Agency hereby determines that G&M Construction is the lowest responsive bidder, and hereby approves Agreement No. A5699 in the amount of $291,195 with G&M Construction, for Bid Schedules A, B, and Additive Bid Schedule C, for the Downtown Trash Enclosure and Alleyway Enhancements, City Project No. 07- 26. Section 3. The Executive Director of the Agency and/or his designee, is authorized to execute all necessary documents. Resolution No. 1362 Page 2 ADOPTED this 16th day of July, 2008. David H. Re xecutive Direc#or `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. 1362 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 16th day of July, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, and Chair Pougnet. NOES: None, ABSENT: Vice Chair Foat. ABSTAIN: None. J' es Thompson, Assistant Secretary_ r- mmunity Redevelopment Agency City of Palm Springs, California RESOLUTION NO. 1363 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO, 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et. seq.) to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, the Re: Loft Partners Palm Springs, LLC ("Developer') has received Planned Development District approval from the City of Palm Springs to develop a First Class Hotel on a 7.8+ acre Agency-owned site under the terms of an Exclusive Agreement to Negotiate; and WHEREAS, expansion of the hotel inventory in proximity to the City's Convention Center, especially in the First Class Hotel category, is an objective of the City and Agency to increase the vitality of the downtown area, the Convention Center, and the tourism industry; and WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may, for purposes of redevelopment, sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any real or personal property or any interest in property; and WHEREAS, the Agency considered the staff report, and all the information, testimony and evidence provided and approved the Disposition and Development Agreement on December 19, 2007; and WHEREAS, the Parties desire to amend certain terms of the Disposition and Development Agreement, and have published a Notice of Public Hearing for the meeting of July 30, 2008. Resolution No. 1363 Page 2 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: In connection with the approval of the Planned Development District application, a Mitigated Negative Declaration was prepared in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency finds that there are no changes in the effects of the proposed project or the circumstances in which it is being carried out, which require any modification of the Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgment. The Developer proposes to construct a Mondrian Hotel consisting of at least 200 hotel rooms and at least 50 condo-hotel units, and no more than 150 condominiums on the Site. The Developer shall construct all of the improvements at Developer's sole cost. The Developer shall pay to Agency the appraised value for the Agency's parcels, the sum of Four Million Six Hundred Seventy Five Thousand Dollars ($4,675,000). The Agency finds that the Developer's Project on the Site is not a public work under the applicable provisions of California Labor Code Sections 1720 et seq. SECTION 3. The Developer is required to make certain street improvements in keeping with City codes. Such offsite improvements are imperative to this project and include reconstructing streets, curbs, gutters, and sidewalks along Amado Road and Calle Alvarado; undergrounding utilities; and providing drainage around the project. This project improves a corner of Merged Project Area #2 and will increase tax increment to the Agency. SECTION 4. The Agency hereby finds and determines as follows: a) The property is currently developed as the Convention Center North Parking Lot. The Convention Center is a major community tourism asset and was completed and dedicated December 31, 1987 and contained approximately 110,000 square feet. In 1992, the City completed a 47,000 square foot expansion to the facilities. The City expanded the Convention Center once again in 2004-2005, adding another 100,000 square feet. Resolution No. 1363 Page 3 b) The DDA advances the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and economic burden on the Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. The sale of the property will facilitate the development and upgrade of the property, placing the property in the hands of a first class hotel operator, in order to develop new transient occupancy and sales tax revenue, and attract additional commercial development within the City, increasing the City's tax base. c) The DDA advances the purposes of the Community Redevelopment Law by eliminating blight and promoting the health, safety and general welfare of the people of Palm Springs. SECTION 5. The proposed project is consistent with the Implementation Plan for Merged Redevelopment Project Area #2, insofar as this project will increase tax increment and increase the City's tourist business by developing a destination resort and creating an architecturally inviting project adjacent to a significant community tourism asset. SECTION 6. Based on foregoing reasons, this Amendment No. 1 to the DDA is hereby approved and incorporated herein by this reference. SECTION 7. The Executive Director of the Agency, or his designee, is authorized to execute all necessary documents, in a form approved by the Agency Counsel- ADOPTED THIS 30" DAY OF JULY, 2008- David H. Re . ecutive Director ATTEST:_ aines Thompson, Assistant Secretary Resolution No. 1363 Page 4 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. 1363 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the Community Redevelopment Agency of the City of Palm Springs on the 30th day of July, 2008 by the following vote: Agency: AYES: Agency Member Hutcheson, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT, Agency Member Mills. ABSTAIN: None. Y Thompson, Assistant ecretary unity Redevelopment Agency�0,.! City of Palm Springs, California C RESOLUTION NO. 1364 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH 0 & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7+ ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et. seg,) to carry out the purpose as the redevelopment in the City of Palm Springs ("the City"); and WHEREAS, O & M FIR, LLC ("Developer") has received Planned Development District approval from the City of Palm Springs to develop a First Class Hotel on a 5.7+ acre Agency-owned parcel, combined with 4.3 acres of Developer-owned land (the "Project Site") under the terms of an Exclusive Agreement to Negotiate; and WHEREAS, expansion of the hotel inventory in proximity to the City's Convention Center, especially in the First Class Hotel category, is an objective of the City and Agency to increase the vitality of the downtown area, the Convention Center, and the tourism industry; and WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may, for purposes of redevelopment, sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any real or personal property or any interest in property; and WHEREAS, the Agency has considered the staff report, and all the information, testimony and evidence provided during the Agency public meeting on July 30, 2008. 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: In connection with the approval of the Planned Development District application, a Mitigated Negative Declaration was prepared in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The Community Redevelopment Agency finds that Resolution No. 1364 Page 2 there are no changes in the effects of the proposed project or the circumstances in which it is being carried out, which require any modification of the Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, public safety, archaeological/historic resources and light and glare). The Community Redevelopment Agency further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgment. a) The Developer proposes to construct a Hard Rock Hotel consisting of at least 490 hotel rooms on the Site. The Developer shall construct all of the improvements at Developer's sole cost. b) The Developer shall pay to Agency the appraised value for the Agency's parcels, the sum of Three Million Six Hundred Twenty Five Thousand Dollars ($3,625,000). c) The Agency finds that the Developer's Project on the Site is not a public work under the applicable provisions of California Labor Code Sections 1720 et seq. SECTION 3. The Agency may undertake certain street improvements in keeping with City codes. Such offsite improvements are imperative to this project and include reconstructing streets, curbs, gutters, and sidewalks along Andreas Road and Calle El Segundo, undergrounding utilities; and providing drainage around the project. This project improves a corner of Merged Project Area #2 and will increase tax increment to the Agency. SECTION 4. The Agency hereby finds and determines as follows: a) The property is currently developed as a Convention Center Parking Lot and serves as an overflow lot for the Spa Resort Casino. The Convention Center is a major community tourism asset and was completed and dedicated December 31, 1987 and contained approximately 110,000 square feet. In 1992, the City completed a 47,000 square foot expansion to the facilities. The City expanded the Convention Center once again in 2004-2005, adding another 100,000 square feet. Resolution No. 1364 Page 3 b) The DDA advances the purposes of the Community Redevelopment Law by reversing or alleviating any serious physical, social, and economic burden on the Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. The sale of the property will facilitate the development and upgrade of the property, placing the property in the hands of a first class hotel operator, in order to develop new transient occupancy and sales tax revenue, and attract additional commercial development within the City, increasing the City's tax base. c) The DDA advances the purposes of the Community Redevelopment Law by eliminating blight and promoting the health, safety and general welfare of the people of Palm Springs. SECTION 5. The proposed project is consistent with the Implementation Plan for Merged Redevelopment Project Area #2, insofar as this project will increase tax increment and increase the City's tourist business by developing a destination resort and creating an architecturally inviting project adjacent to a significant community tourism asset. SECTION 6. Based on foregoing reasons, this DDA is hereby approved and incorporated herein by this reference. SECTION 7. The Executive Director of the Agency, or his designee, is authorized to execute all necessary documents, in a form approved by the Agency Counsel. ADOPTED THIS 30TH DAY OF JULY, 2008. c David H. Rea ve irector AT ST: mes Thompson, Assistant Secretary Resolution No. 1364 Page 4 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, do hereby certify that Resolution No.1364 is a full, true and correct copy, and was adopted at an adjourned meeting of the Community Redevelopment Agency on the 30th day of July, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. a�nes Thompson, Assista Secretary ~ ommunity Redevelopment Agency � f�z�ag City of Palm Springs, California . RESOLUTION NO. 1365 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR AN AGENCY-OWNED RESIDENTIAL PROPERTY AT 945 COTTONWOOD ROAD WITH LANELLE M. AND ALBERTO V. GRADILLA. A5706. WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency") desires to sell certain Agency-owned property located in the City of Palm Springs ("Sale Property"), located at 945 Cottonwood Road, in accordance with California Health & Safety Code Section 37420 et seq.; and WHEREAS, the Agency entered an Owner Participation Agreement (OPA) with Coachella Valley Housing Coalition in 1999 to provide financial assistance to the a single family home project in the Cottonwood/Chuckwalla neighborhood, and such OPA imposed use and affordability restrictions by the Agency through a Regulatory Agreement; and WHEREAS, Lanelle M. and Alberto V. Gradilla ("Buyers") have applied to the Agency for the purchase of the Sale Property; and WHEREAS, the Agency finds that the Sale Property is a single-family residence and that selling the Sale Property to a Qualified Purchase is its public purpose, and WHEREAS, the Agency has published a notice of the public hearing for July 30, 2008 in a newspaper of general circulation for consideration of the sale of the Sale Property. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AS FOLLOWS: SECTION 1. The Agency hereby finds that the sale of the Agency-owned property located at 945 Cottonwood Road, more specifically described as Assessor's Parcel Number 507-042-027, to Lanelle M. and Alberto V. Gradilla, is in the public interest because the Sale Property is a single- family residence which will be occupied by the Buyers as their primary resident and help preserve the affordable housing inventory. SECTION 2. The Agency hereby finds that the sale of the Sale Property for the amount of $210,000 is in the public interest and is not below the fair market value of the Sale Property. Resolution No. 1365 Page 2 SECTION 3. The Agency hereby finds that no protest was made pursuant to California Government Code Section 37425 for the sale of the Sale Property, or any protest made pursuant to Section 37425 was overruled by four-fifths vote of the members of the Agency. SECTION 4. Chairman, or designee thereof, is authorized to execute the sale of the Sale Property pursuant to this Resolution. ADOPTED THIS 30th day of July, 2008. David H. Ready, �etor - ATTEST: i ?mesITZmpson. 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. 1365 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the Community Redevelopment Agency of the City of Palm Springs on the 30th day of July, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ;e7es Thompson, Assistant Secretary unity Redevelopment Agency��)3Il goaS City of Palm Springs, California ' RESOLUTION NO. 1366 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08. WHEREAS, Resolution 1328 approving the budget for the fiscal year 2007-08 was adopted on June 6, 2007; and WHEREAS,the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW, THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1328, adopting the budget for the 2007-08 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 851 8201 Central 49647 City Asset $336,604 Merged Area #1 Business District Purch Note Repay 852 8202 Tahquitz 49647 City Asset $2,187,070 Merged Area #2 Andreas Purch Note Repay SECTION 2- SOURCE Fund Activit Account Amount 851 29301 $336,604 Merged Area #1 Fund Balance 852 29301 $2,187,070 Merged Area #2 Fund Balance ADOPTED THIS 301" day of July, 2008. t7avid H. Ready, utive Director ATT T: - /�f es Thompson, Assistant Secretary Resolution No- 1366 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. 1366 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the Community Redevelopment Agency of the City of Palm Springs on the 3oth day of July, 2008 by the following vote: Agency: AYES: Agency Member Hutcheson,Agency Member Mills,Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None- ABSTAIN: None. mes Thompson, Assistant Secretary— Community Redevelopment Agency Z�5' 'f2jl ppB City of Palm Springs, California i I i RESOLUTION NO. 1367 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A DOWNTOWN AND UPTOWN PROPERTY IMPROVEMENT GRANT PROGRAM FOR PROPERTIES WITHIN THE COMMUNITY REDEVELOPMENT AGENCY MERGED PROJECT AREAS NO. 1 AND 2. i THE. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Exterior Property Owner/Tenant Improvement Grants Program, attached as Exhibit A, is approved. SECTION 2. The Executive Director is authorized implement the Exterior Property Owner/Tenant Improvement Grants Program. ADOPTED THIS 5th day of November, 2008. ATTEST: - David H. Read_y,,E-xj5tive Director 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. 1367 is a full, true and correct copy, and was duly adopted at a meeting of the Community Redevelopment Agency of the City of Palm Springs on the 5�h day of November, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Weigel, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills, and Vice Chair Foat. ABSTAIN: None. ames Thompson, Assistant Secretarj[ CommunityRedevel;mentAgency i�Z3�26b?� EXHIBIT A CITY OF PALM SPRINGS PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNERITENANT IMPROVEMENT GRANTS PROGRAM The City of Palm Springs and its Community Redevelopment Agency have developed a Downtown and Uptown Property Improvement Program designed to encourage improvement and investments that contribute to the overall revitalization effort in the Business Improvement District Area. The Spruce-Up Program features grants of up to $2,500 to finance all or a portion of a property owner or tenant's exterior improvements, and could feature complimentary design guidance for program participants, as well as an expedited design approval process. Eligible uses of funds are for: • Exterior Signs (installation of new or repair or replacement of legally installed and mounted signs; including neon or halo lit signs); • Awnings, canopies, or sunshades (installation of new or repair or replacement of fixed metal or fabric awnings), which could include perpendicular wall-mounted castle banners (without signage); • Painting or exterior surface treatment (stucco, tile, stone, or brick replacement or repair); ■ Asphalt paving, replacement or repair of tiles or decorative pavers (not in the public right-of-way); sidewalk or courtyard repaving (not in the public right-of-way); • Repair or replacement of masonry walls or footings; • Outdoor lighting (installation of new exterior lighting fixtures; repair or replacement of existing exterior lighting fixtures); • Installation, repair or replacement of decorative or security fencing; • Replacement of plate glass windows; re-glazing of windows or change of window mullions with the approval of architectural application by the City; ■ Installation or replacement of outdoor landscaping and fountains. Uses Not Eligible: Funds may not be used for improvements that are not permanent or mounted or affixed to the building or the sidewalk. Ineligible uses include but are not limited to: • Vinyl letter signage (windows); • Portable signs, such as sandwich board or A-frame signs; signs not mounted or attached to storefronts; • Flags or banners; • Benches and trash receptacles; • Tables, chairs, or umbrellas. Eligible Applicants: Property owners or business tenants located in the Business Improvement District area. The Business Improvement District boundaries include all businesses on Palm Canyon Drive, north of Ramon Road and south of Tachevah Drive along both sides of the street; Indian Canyon Drive, north of Ramon Road and south of Alejo Road along both sides the street; Belardo Road, north of Ramon Road and south of Alejo Road on both sides of the street; Museum Drive on both sides of the street; Tahquitz Canyon Way west of Indian Canyon Drive on both sides of the street; La Plaza; Andreas Plaza; Amado Road; Arenas Road; and Baristo Road from Indian Canyon Drive west to Belardo Road on both sides of the street. The Community Redevelopment Agency-funded program is more expansive, extending to areas outside the BID area north and south along Palm Canyon Drive and Indian Canyon Drive, as well as the commercial/retail area in the western section of Section 14. A business owner that is not the property owner must show evidence of the right to alter the property, or consent from the property owner. Grant Amounts: If the City or Agency provides all of the project funding, the maximum grant shall be $2,500. However, applicants are encouraged to. match City funds: the maximum grant increases to $5,000 if the applicant matches the City funds with a $2,500 private contribution. The grant increases on a dollar for dollar basis over $2,500, up to the $5,000 cap. Process: Applications are available in the Department of Community & Economic Development. The application will ask for a narrative description of the project scope. The applicant will hire the contractor and is responsible for obtaining design approvals. The City shall provide some assistance in scoping the project and will reimburse the applicant for work performed, based on submittal of evidence of work performed and paid. RESOLUTION NO. 1368 A RESOLUTION OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09. WHEREAS, Resolution No. 1356 approving the budget for the Fiscal Year 2008-09 was adopted on June 18, 2008; and WHEREAS, the Executive Director has recommended, and the Agency Board desires to approve, certain amendments to said budget, NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1356, adopting the Fiscal Year 2008-09 Budget is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 851 8201 Central 49625 $1,450,000 Merged Area #1 Business District City Loan Principal Purpose: To provide funding for partial advance call on Land Purchase note for Visitor's Center. SECTION 2. SOURCE Fund Activity _ Account Amount 851 29301 $1,450,000 Merged Area #1 Fund Balance ADOPTED this 51h day of November, 2008. David H. Ready, Etc Director ATTEST: --:-iames Thompson, Assistant Secretary Resolution No. 1358 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. 1368 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 5th day of November, 2008, by the fallowing vote: AYES: Agency Member Hutcheson, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: Agency Member Mills. _ ABSTAIN: None. Ames Thompson, Assistant Secr_etary-~ mmunity Redevelopment Agency . 4 City of Palm Springs, California 1Q�5'� �gDOU RESOLUTION N0. 1369 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MODIFICATION OF THE REGULATORY AGREEMENT, ASSIGNMENT AND ASSUMPTION OF LOAN DOCUMENTS, FREDDIE MAC RIDER TO THE REGULATORY AGREEMENT AND A SUBORDINATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ASSIGN THE AGREEMENT TO TAHQUITZ ASSOCIATES, LP, FOR THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900, AND 2990 EAST TAHQUITZ CANYON WAY. A0501 C. 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 Agency and the Developer entered into that certain Owner Participation Agreement ("OPA") with Corporate Fund for Housing ("CFH"), d.b.a., LING Housing Corporation of Long Beach, California which provided for an Agency loan in combination with City-backed acquisition bonds for the Tahquitz Court Apartments at 2800, 2890, 2900, and 2990 East Tahquitz Canyon Way; and WHEREAS, the Agency and the Owner now desire to approve Amendment No. 1 to the OPA in accordance with the terms and conditions set forth in the Agreement, by approving a Modification of Regulatory Agreement, Assignment and Assumption of Loan Documents, a Freddie Mac Rider to the Regulatory Agreement, and a Subordination Agreement. 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. The Modification of Regulatory Agreement, Assignment and Assumption of Loan Documents, a Freddie Mac Rider to the Regulatory Agreement, and a Subordination Agreement are hereby approved and incorporated herein by this reference. SECTION 3. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the documents necessary to the Agreement, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. Resolution No. 1369 Page 2 ADOPTED this 19" day of November, 2008. David H. Ready, ive 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. 1369 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 191h day of November, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet- NOES: None. ABSENT: Agency Member Mills. ABSTAIN: None. es Thompson, Assistant.Secretary ommunity Redevelopment Agency p7 D1�Z00$ City of Palm Springs, California RESOLUTION NO. 1370 A RESOLUTION OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09. WHEREAS, Resolution No. 1356 approving the budget for the Fiscal Year 2008-09 was adopted on June 18, 2008; and WHEREAS, the Executive Director has recommended, and the Agency Board desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED thatthe Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1356, adopting the Fiscal Year 2008-09 Budget is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 851 8201 Central 49625 $1,300,000 Merged Area #1 Business District City Loan Principal Purpose: To provide funding for partial advance call on Land Purchase note for Village Green. SECTION 2. SOURCE Fund Activity Account Amount 811 29301 $1,300,000 Merged Area #1 Fund Balance ADOPTED this 3rd day of December, 2008. / David H. Ready, Ex�ecutive Director ATTEST: �mes Thompson, Assistant Secretary �� Resolution No. 1370 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. 1370 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 3rd day of December, 2008, by the following vote: AYES: Agency Member Hutcheson, Agency Member Mills, Agency Member Weigel, Vice Chair Foat, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. /)�mes Thompson, Assistant Secretary /,^Community Redevelopment Agency, so/z vo (((� City of Palm Springs, California I RESOLUTION NO. 1371 A RESOLUTION OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09. WHEREAS, Resolution No. 1356 approving the budget for the Fiscal Year 2008-09 was adopted on June 18, 2008; and WHEREAS, the Executive Director has recommended, and the Agency Board desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1356, adopting the Fiscal Year 2008-09 Budget is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 811 Canyon 8191-65212 $150,000 Commercial Services, Inc. Purpose: To provide funding for downtown consulting services. SECTION 2. SOURCE Fund Activity Account Amount 811 Fund Balance 8191-29301 $150,000 ADOPTED this 17th day of DECEMBER, 2008. LZ f David H. Ready, xeeel'f E Director ATTEST: /��mes Thompson, Assistant Secretary Resolution No. 1371 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. 1371 is a full,true and correct copy, and was duly adopted at an adjourned meeting of the Community Redevelopment Agency of the City of Palm Springs on the 17th day of December, 2008, by the following vote: AYES: Agency Member Foat,Agency Member Hutcheson,Agency Member Weigel, Vice Chair Mills, and Chair Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. /Jmes Thompson, Assistant Secretary /As Community Redevelopment Agencv CCC City of Palm Springs, California aVA511 � a