HomeMy WebLinkAbout9/7/2011 - STAFF REPORTS - 5.A. t 7 PAM$
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°g4FoIL N CITY COUNCIL STAFF REPORT
DATE: September 7, 2010 NEW BUSINESS
SUBJECT: APPROVAL OF A JOB CREATION INCENTIVE REIMBURSEMENT
AGREEMENT WITH THE ABBEY COMPANY OF LONG BEACH,
CALIFORNIA AND A JOB CREATION INCENTIVE PROGRAM
CERTIFICATION OF PROGRAM COMPLIANCE FORM WITH THE
DESERT MEDICAL GROUP, INC. OF CALIFORNIA, TO PROVIDE FOR
CERTIFICATION OF JOBS LOCATED, CREATED OR RETAINED AT
265 NORTH EL CIELO ROAD, WITH A MINIMUM TO BE NO FEWER
THAN FIFTY (50) FULL-TIME JOBS, AND REIMBURSEMENT OF
BUILDING AND DEVELOPMENT FEES NOT TO EXCEED $1,000 PER
CERTIFIED JOB, OR 53,041.00 IN BUILDING FEES PAID, PER
RESOLUTION NO. 19542 AND RESOLUTION NO. 22693
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
The Job Creation Incentive Program, created by the City in 1999 and amended in 2010,
provides for reimbursement of building and development fees to a company that locates
or creates a minimum of 50 new full-time jobs within certain industries and certain zones
within the city. It was created as an incentive to retain Bird Medical Products after they
merged with another company. The assistance lead to the relocation of nearly 100 jobs
from the Riverside area to Palm Springs.
The most recent application is from The Abbey Company, which undertook
improvements to facilitate the location and expansion of Desert Medical Group, Inc. to
the Airport Park office complex. Under these agreements, Desert Medical Group
pledges to create a minimum of 50 jobs at the site, for which the property owner would
receive a reimbursement of building and development fees up to $1,000 per certified job
created by Desert Medical Group. In 2010, the Council amended the program
guidelines in order to further foster business development and job creation in the City of
Palm Springs, by reducing the employment requirement from a minimum of 100 full-time
jobs to a minimum of 50 full-time jobs. In addition, the program was originally structured
for Owner-Operators of businesses, so the guidelines needed to be amended to
accommodate a landlord/tenant/TI relationship. The applicant's tenant exceeds the
minimum number of jobs created for the owner to qualify for the reimbursement.
ITEM NO. -�rL—
City Council Staff Report
September 7, 2011--Page 2
(Job Creation Incentive Program—The Abbey Co Agreement)
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A JOB CREATION
INCENTIVE REIMBURSEMENT AGREEMENT WITH THE ABBEY COMPANY
OF LONG BEACH, CALIFORNIA AND A JOB CREATION INCENTIVE
PROGRAM CERTIFICATION OF PROGRAM COMPLIANCE FORM WITH THE
DESERT MEDICAL GROUP, INC. OF CALIFORNIA, TO PROVIDE FOR
CERTIFICATION OF JOBS LOCATED, CREATED OR RETAINED AT 265
NORTH EL CIELO ROAD, WITH A MINIMUM TO BE NO FEWER THAN FIFTY
(50) FULL-TIME JOBS, AND REIMBURSEMENT OF BUILDING AND
DEVELOPMENT FEES NOT TO EXCEED $1,000 PER CERTIFIED JOB, OR
53,041.00 IN BUILDING FEES PAID, PER RESOLUTION NO. 19542 AND
RESOLUTION NO. 22693
2) Adopt Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
FISCAL YEAR 2011-12
3) Authorize the City Manager, or his designee, to execute all necessary
documents.
STAFF ANALYSIS:
The Council approved the adoption of Chapter 3.38 of the Palm Springs Municipal Code
in June 1999, establishing a Job Creation Incentive Program in the City. The purpose
of the job creation incentive program was to attract new industrial businesses and
encourage significant expansion of existing industrial businesses by waiving or
subsidizing development fees based on the number of new full-time jobs brought to the
community. The Council recently amended the program guidelines by reducing the
requirement from a minimum of 100 full-time jobs to a minimum of 50 full-time jobs.
To be eligible for the program a new or existing business must be located within specific
zoned areas of the city; fall within defined classifications established by the North
American Industry Classification System (NAICS), and create a minimum of 50 new full-
time jobs.
The Abbey Company is the first request since the amendment of the program. It was
originally used for the former Bird Medical (CareFusion) in 1998. Staff worked with the
Abbey Company when they inquired about incentives to attract a new division of Desert
Medical Group into their newly constructed 33,000 square foot facility. The job creation
incentive program helped the owner and tenant reach an agreement to locate to the
new facility and create or relocate more than 100 jobs to the site.
02
City Council Staff Report
September 7,2011--Page 3
(Job Creation Incentive Program—The Abbey Co Agreement)
The original program guidelines anticipated that the company creating the jobs and the
company paying the building permits would be the same, but in this case the
Reimbursement Agreement is with the property owner/developer, The Abbey Company,
while Desert Medical Group would enter into an agreement to provide the initial and
annual certification of company employment. Whether the property owner and the job
creating business share in the reimbursement proceeds is between them, but the
recipient of the fee reimbursement bears the responsibility for obtaining the cooperation
of the tenant in certification.
The original ordinance approved by Council in 1999 made the basic findings as to the
appropriateness of the assistance, as well as basic guidelines for the program, which
are implemented by Resolution. An additional difference between the proposed
agreements and the original guidelines is that the original program guidelines featured a
"clawback" provision: i.e. assistance would have been made as a 'loan" by the City to
the business, but their continued presence and operation in the City with a certain
number of jobs for a specified period of time would have "amortized" the loan. If the
company left the city, or reduced its employment levels below the committed level, it
would have been required to repay the City the unamortized portion of the assistance.
The original program would have developed a standard agreement, modeled after a
Redevelopment/Agency Owner Participation Agreement.
The proposed agreements are actually more streamlined. Upon the receipt of
documentation of the paid building fees (from The Abbey Company) and the initial
Certificate of Program Compliance (from Desert Medical Group); the City would enter a
Job Creation Reimbursement Agreement with The Abbey Company. Rather than fully
refunding the eligible fees or accepting a Promissory Note, as described above, the City
would instead reimburse the developer the eligible building fees, up to $1,000 per job
certified, over a five year period.
Beginning with the first year a new certification form shall be submitted to the City for
verification. The Abbey Company will be reimbursed one fifth of the qualified building
fees paid. This process will continue annually for five years. The actual reimbursement
amount will be calculated based on eligible development fees paid against the number
of certified employees, with a "not to exceed" number of $1,000 per job or the actual
qualified fees paid, whichever is less.
The Reimbursement Agreement contains several other requirements:
■ The parties have entered a lease with a minimum five year term and provided
verification of executed lease documents.
■ The Developer must provide proof of building fees paid at the end of the tenant
improvement (or new construction) process, in the categories of fees described
in Resolution No. 19542.
■ The tenant has completed a Job Creation Incentive Program Certificate of
Program Compliance and provided the initial certification of new jobs created.
03
City Council Staff Report
September 7, 2011--Page 4
(Job Creation Incentive Program—The Abbey Co Agreement)
■ The tenant shall provide an annual certification of jobs retained on the
anniversary date of the initial certification; documentation provided to City each
year during the five year reimbursement period.
FISCAL IMPACT:
There will be a small fiscal impact based on the amount of a development fee collected,
but is relatively smaller than compared to other types of assistance such as land write-
downs or construction of off-site improvements. The amount would be one-fifth of the
development fees upon the anniversary of the Reimbursement Agreement for a five year
period. If the company leaves the city, or reduces its employment levels below the
committed level, or fails to recertify, the reimbursements shall cease.
The Abbey Companies reimbursement schedule and fiscal impact is as follows: In Year 1
the tenant certifies more than 50 full-time employees, and the Developer has paid a total
of $53,041.00 in qualified building fees, the qualified reimbursable fees paid annually for
five years would be $10,608.20. The first payment due to Developer is January, 2012.
A budget Resolution in the amount of$10,608.20 will be established for this program for
this year. An expense account and annual budget needs to be established for this
program for future years.
Cathy Van orn, Economic Development Vymbd, Director
Administrator
r
David H. Ready, Ci ger Tom Wilson, A sistant City Manager
Attachments:
Resolution Approving the Job Creation Reimbursement Agreement
Resolution amending the Budget for the 2011-12 Fiscal Year
Job Creation Reimbursement Agreement
Within Agreements: Exhibits A— Resolutions 19542 & 22693;
Exhibit D — Certificate of Program Compliance
04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING OF A JOB CREATION INCENTIVE
REIMBURSEMENT AGREEMENT WITH THE ABBEY COMPANY OF LONG
BEACH, CALIFORNIA AND A JOB CREATION INCENTIVE PROGRAM
CERTIFICATION OF PROGRAM COMPLIANCE FORM WITH THE DESERT
MEDICAL GROUP, INC. OF CALIFORNIA, TO PROVIDE FOR CERTIFICATION
OF JOBS LOCATED, CREATED OR RETAINED AT 265 NORTH EL CIELO
ROAD, WITH A MINIMUM TO BE NO FEWER THAN FIFTY (50) FULL-TIME
JOBS, AND REIMBURSEMENT OF BUILDING AND DEVELOPMENT FEES
NOT TO EXCEED $1,000 PER CERTIFIED JOB, OR 53,041.00 IN BUILDING
FEES PAID, PER RESOLUTION NO. 19542 AND RESOLUTION NO. 22693
WHEREAS, the City has established a Job Creation Incentive Program
('Program") that provides economic incentives that are tied to job creation in particular
zones and in certain industries, as adopted by City Council Resolution No. 19542 and
Resolution No. 22693, and the Palm Springs Municipal Code Chapter 3.38; and
WHEREAS, pursuant to the Program Policies, the City Council may by resolution
implement the Program, including the definition and adoption of Program
reimbursement terms and the forgiveness of any repayment upon compliance of certain
Program conditions; and
WHEREAS, The Abbey Company has applied to participate in the Program for a
property it owns at 265 El Cielo Drive, where it has undertaken tenant improvements for
Desert Medical Group; and
WHEREAS, Desert Medical Group has completed a Certificate of Program
Compliance form and has attested that it has created no fewer than 50 new jobs at the
site;
WHEREAS, The Abbey Company and Desert Medical Group have provided
evidence that they have entered a lease of no fewer than five years for the site; and
WHEREAS, Developer subsequently improved, renovated or otherwise modified
the Property for the purpose of locating Desert Medical Group ("Company"), an eligible
company that has created full-time jobs within the City; and
WHEREAS, Developer has paid building and development fees to the City
("Fees") and the building improvements subject to the permit fees have been fully
approved and released for occupancy by the City; and
WHEREAS, Developer now seeks reimbursement totaling Fifty Three Thousand 0 5
Resolution No.
Page 2
Forty One Dollars ($53,041.00) over the course of five years, subject to the terms and
conditions set forth in this Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City has received and hereby approves the verification of
building and development fees, outlined in Resolution No. 19542, paid by The Abbey
Company for the site at 265 El Cielo Road.
SECTION 2. The City has received and hereby approves initial Certificate of
Program Compliance of employment by Desert Medical Group, Inc. for its location at
265 El Cielo Road.
SECTION 3. The Job Creation Reimbursement Agreement with The. Abbey
Company, included herein by reference, is hereby approved.
SECTION 4. Continued participation in the program relies on the annual
compliance by the Developer and Company in recertification of employment at the Site.
06
Resolution No.
Page 3
ADOPTED THIS TH DAY OF SEPTEMBER 2011.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 7, 2011, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
07
JOB CREATION REIMBURSEMENT AGREEMENT
(THE CITY OF PALM SPRINGS, CALIFORNIA AND THE ABBEY COMPANY)
JOB CREATION AGREEMENT NO.
This Job Creation Reimbursement Agreement("Agreement")made and entered into this
day of , 2011 ("Effective Date"), between the City of Palm Springs, California,
a municipal corporation ("City")and The Abbey Company, ("Developer'). City and Developer
may be referred to individually as "Party" or collectively as "Parties".
RECITALS
WHEREAS, the City has established a Job Creation Incentive Program ("Program") that
provides economic incentives that are tied to job creation in particular zones and in certain
industries, as adopted by City Council Resolution No. 19542 and Resolution No.22693, and
the Palm Springs Municipal Code Chapter 3.38, as provided in Exhibit A (collectively, the
"Program Policies"); and
WHEREAS,the Program Policies set forth the requirements for participation in the Program,
including the minimum number of jobs created and the terms of economic incentives; and
WHEREAS, pursuant to the Program Policies, the City Council may by resolution implement
the Program, including the definition and adoption of Program loan terms and the forgiveness
of any repayment upon compliance of certain Program conditions; and
WHEREAS, the City finds that the total economic benefit of the new jobs to the community
exceeds the private benefit to the Developer under the terms of this Agreement and that there
are no other reasonable alternative measures available to the Developer to finance the
improvements or create the public benefit; and
WHEREAS, the City Council finds that implementing a reimbursement-type agreement is
consistent with Program loan terms and repayment guidelines and is in furtherance of the
Program Policies; and
WHEREAS, Developer is the owner of the commercial or industrial property located at 265 N.
El Cielo, Palm Springs, California and as further identified by legal description in Exhibit B
("Property"); and
WHEREAS, Developer subsequently improved, renovated or otherwise modified the Property
for the purpose of locating Desert Medical Group ("Company"), an eligible company that has
created full-time jobs within the City; and
WHEREAS, Developer has paid building and development fees to the City ("Fees") and the
03
i
building improvements subject to the permit fees have been fully approved and released for
occupancy by the City; and
WHEREAS, Developer now seeks reimbursement totaling Fifty Three Thousand Forty One
Dollars ($53,041.00) over the course of five years, subject to the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Developer agree as follows:
AGREEMENT
1. Term. This agreement shall terminate five (5) years from the Effective Date, unless
extended by mutual written consent by both Parties.
2. Reimbursement.
A. Proof of Program Compliance. Prior to the execution of this Agreement,
Developer shall submit: (1)verification of Fees paid by Developer,which shall be attached as
Exhibit C, (2)the completed initial Certificate of Continuing Program Compliance, as set forth
in Exhibit D, and (3)a Memorandum of Lease verifying the existence of a minimum five year
lease term,which shall be attached as Exhibit E. Developer shall also provide any other proof
of compliance as may be requested by the City for the implementation of the Program.
B. Verification. Upon the City's verification of Developer's compliance with the
Program, the City shall pay the Developer an Annual Reimbursable Payment, as further
defined in subsection 2(C) and subject to any offset as set forth in Section 3. Any Annual
Reimbursable Payment due to the Developer shall be sent to the Developer at the written
address on file with City. If Developer does not have a written address on file with City or
does not otherwise claim the Annual Reimbursable Payment, City may retain the Annual
Reimbursable Payment interest-free.
C. Annual Reimbursable Payment. The Annual Reimbursable Payment is the Total
Reimbursable Amount, divided into five (5) equal payments, that is to be paid by the City
annually over the course of five years. The Total Reimbursable Amount is calculated by
taking the Benefit(as determined by the City to be$1,000 per certified job created, located or
retained at the Property) multiplied by the number of full time jobs created, relocated or
retained at the Property, as further described and certified in Exhibit D to this Agreement.
Notwithstanding the above,the Total Reimbursable Amount shall not exceed the total amount
of Fees set forth in Exhibit C.
3. Continuing Compliance. All Certificates of Continuing Program Compliance shall be
due on the anniversary date of the initial certification and must be provided to City by the
Developer or Company during each year of the five year reimbursement period. It is the
responsibility of the Developer as lessor and beneficiary under this Agreement to ensure the
cooperation and compliance of the Company.
A. Adjustment. If the number of jobs created, relocated or retained in any of the
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2
subsequent annual Certificates of Continuing Program Compliance fall short of the original
number of jobs identified in the initial Certificate of Program Compliance,the City may adjust
the Annual Reimbursable Payment according to the decrease of the current number of jobs
created, relocated or retained with the on inal number of jobs created, relocated or retained.
B. Termination. If Developer o ompany fails to provide the City with the initial
Certificate of Program Compliance, or th annual Certificate of Continuing Program
Compliance, when due, City's obligation to r imburse Developer under this Agreement may
terminate and the City shall have no further ligation to the Developer. The City shall have
complete and absolute discretion in deter ning whether to terminate the Agreement for
noncompliance with this Section 3 or any oft er term of this Agreement.
4. No Representations or Liability. De Feloper understands that Developer is solely
responsible for complying with the requiremei its in this Agreement. City shall have no duty to
compel the Company to provide the employi ient information requested in this Agreement,
and City shall not be liable for if Company fail to provide any information required under this
Agreement.
5. Non-transferability. The right of Developer to receive any payment stated in this
Agreement shall not be transferable to successors and assigns. In addition, if Developer
transfers any or all of its interest in this Agreement, City's obligation under the terms of this
Agreement shall terminate.
6. Amendment. The Parties mutually agree that this Agreement may be amended at any
time by the mutual written consent of the Developer and City.
7. Integration. This Agreement and other documents expressly incorporated herein by
reference contain the entire and exclusive understanding and agreement between the Parties
relating to the matters contemplated hereby and all prior or contemporaneous negotiations,
agreements, understandings, representations and statements, oral or written, are merged
herein and shall be of no further force or effect.
8. Modifications. Any alteration, change or modification of or to this Agreement, in
orderto become effective, shall be made bywritten instrument or endorsement thereon and in
each such instance executed on behalf of each Party hereto.
9. Signing Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that(i)such Party is duly organized and existing, (ii)they are duly authorized to
execute and deliver this Agreement on behalf of said Party, (iii) by so executing this
Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said Party is bound.
10. Non-Liability of Officers and Employees of the City. No councilmember, officer or
employee of the City shall be personally liable to Developer, or any successor-in-interest, in
the event of any default or breach by City, or for any amount which may become due to
Developer, or for any breach of any obligation of the terms of this Agreement.
10
3
11 Exhibits. All exhibits referenced in this Agreement are attached to this Agreement and
are incorporated herein by reference.
12. Indemnification. To the fullest extent permitted by law, Developer agrees to protect,
defend and hold harmless City and its Council members,officers,agents and employees from
any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees,
for injury or death of any person, or damages of any nature, including interference with use of
property, arising out of, or in any way connected with the negligence, recklessness and/or
intentional wrongful conduct of Developer arising from this Agreement. Developer's
responsibility to protect, defend and hold harmless may be offset to the degree caused by the
sole negligence, recklessness and/or wrongful conduct of City,or any of its Council members,
officers, agents or employees.
[SIGNATURES ON FOLLOWING PAGE]
li
4
In witness whereof, the City and Developer have hereunto caused this Agreement to be
executed the day and year first above mentioned.
DEVELOPER:
By:
Its:
By:
Its:
CITY OF PALM SPRINGS, CALIFORNIA
David Ready, City Manager
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas C. Holland, City Attorney
12
5
Exhibit A
(Resolution Nos. 19542 and 22693; Palm Springs Municipal Code Chapter 3.38)
13
6
RESOLUTIONNO. 19542
OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING ---- --- -
GUIDELINES FOR A JOB CREATION
INCENTIVE PROGRAM IN PALM
SPRINGS, CHAPTER 3.38 OF THE
MUNICIPAL CODE.
WHEREAS.private sector jobs,especially those in the manufacturing sector,are an
important component of a diverse and vibrant economic base for the City;and
WHEREAS,attracting businesses to the City and encouraging existing manufacturing and
other major businesses to undertake expansion that results in a significant number of new
jobs or other economic benefits to the City provides a community benefit; and
WIIERF.AS,development fees charged by the City for new construction or expansion of
existing mamufactunII&retail,or other commercial facilities are designed to offset the
impact such new f tet7rGes have on the City and its residents. Such fees can also as as a
disincentive for such businesses to locate in the City or for existing businesses to expand
facilities in the City;and
WHEREAS,it is in the public interest and consistent with the City charter to implement
economic incentive programs that would diminish the disincentive caused by the
' . application of development fees to the construction and/or expansion of new and/or
existing manuring or other commercial facilities;and
WHEREAS,such economic incentive programs serve a public purpose and provide for
the general welfare of the community.by securing a diverse economic base for the Cityand
WHEREAS,the City Council established a Job Creation Incentive Program by adopting
Chapter 3.39 of the Palm Springs Municipal Code,to be implemented by one or more
resolutions of the City Council.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,
that the following guidelines for the Job Creation Incentive Program,are adopted:
Section 1. The purpose of the program is to attract to the City eligible businesses and
mncomage.significant expansion ofeligible businesses already located in the
City in order to promote the creation of jobs in the private sector and other
direct or indirect economic benefits to the City by waiving or subsidizing
development fees for such businesses based on the number of new frill-time
jobs brought to the community.
Section 2. Funds for this program shall be appropriated armuany in an amount deemed
necessary.
Section 3. Businesses eligible for participation in the program shall be located in the
"A'"bt 1 " IvI_I_P,""M 2,,"GM"and"C-2"zones ofthe City.
Section 4. The job-cresting businesses,as defined by classifications established by the
91
North American Industry Classification System(NAICS)of the U.S..
Bureau of the Census(adopted April 9, 1997), eligible for the Program, 14
are:
Res. No. 13542
Page 2
Cateeory NAICS 2-di fig t code
Maniftcluring 31-33
Information 51
Professional,Scientific,and Technical Services 54 ,
Management of Companies and Enterprises 55
Administrative and Support,Waste Management and
Remediation Services 56
The Council may amend the list of eligible NAICS categories from time to
time.
Section S. Certain non-manufacturing businesses not listed by category in Section 4
may also be eligible for participation in the program provided they meet the
other eligibility criteria for participation and provide other signiScant,
measurable economic benefits such as,but not limited to,increased sales
tax and property tax,to the city.
Section 6. The minimum mnnber of new full-time jobs created by an eligible
manufacturing company shall be no less than one hundred(100). The
number of jobs created by another type of benc&t-producing business shall
be one hundred(100)nominal jobs,equivalent to no fewer than forty(40)
full-time positions. These employment levels shall be agreed to in writing
and remain in effect during the period of the agreement between the City
and the business.
Section 7. The maximum amount of assistance(the earned incentive credit)anyone
business may receive from this program shall not exceed$1,000 per job
created,with the total amount of assistance not to exceed the total dollar
amount of development fees assessed. The business is responsible for
payment of all fees that may exceed die amount of earned incentive credit.
Section S. The eligible development fees to which the Program assistance may
be applied,and the order in which they are applied,are:
I Plan Check
2 Building Permit
3 Planning Fee
4 SIMP Tax
5 Microfilm
6 Construction Tax
7 Construction Permit
8 Db1.FedRmw/hfrsc.
9 1Msc.Filing Fee
10 Sewer Inspection
11 Sewer Main '
12 Sewer Agreement
13 Sewer Connection Fee
14 Drainage Fee
15 Permit Issuance
16 Public Arta Fee
17 School Fee 15 .
18- T[JMF Fee
Res. No. 19542
Page 3
The total dollar amount of fees owed by the business will be calculated by
the City,and the Job Creation Incentive Program benefit,based on the
number of pledged jobs,shall be applied toward the total fee amount in the
order noted in this Section.
Section 9. Other criteria for participation in the program may be established by
separate resolutions of the City Council.
Section 10. Prim to approving assistance to an eligible business under this program,the
City Council rust stake the findings described in Section 3.38.040 of the
Palm Springs Municipal Code.
Section 11. The program assistance shall be in the form of a loan to an eligible
business,made on the following tends:
A The City and the eligible business will have a written agreement
detailing the responsibilities of both parties,including but not
limited to the waiver of certain development fees by the City and
the maintenance of minimum employment levels by the business for
the period of the agreement,but no fewer than five years;and
B. The City may include repayment provisions that may or may not
require monetary repayment,depending on the business'
performance meeting criteria defined in Section 6;such agreement
shall he scarred by alien against the business and/or the property at
which the business is located;and
C_ The company shall attest that the minimum number ofnew jobs
created in Palm Springs meets the criteria established in Section 6
of this resolution,and that the business would not have located or
expanded in the City without the benefit;and
A The City shall attest that the total economic benefit to the
community of the new jobs,by its own calculations,exceeds the fee
revenue lost,and that the broad public benefit created by the
program in tarots of paymil and taxes paid exceeds the private
bit(the amount of See waiver),and that there are no other
reasonable alternative measures available to the business to finance
the improvements or create the public benefit;and
E The agreement shall assure that the business will remain in the City
for a minimum of five(5)years at the established employment level,
or repay the City based on a straight-line amortization of the
assistance;the job commitment"amortizes"the City's loan to the
business at a rate of 20%of the dollar amount of the benefit per
year.
- 16
Res. No. 19542
Page 4
Section 12. All allocation ofprogram assistance to any applicant Shan be at the
discretion of the City Conner Nothing herein shall require the City
Council to allocate Program funds to any applicant.
ADOPTEDthiS 16th dayof. June 1999. '
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY P SPRING ORNIA
]By: t
City clerk er
REVIEWED AND APPROVED AS TO FORM
17
RESOLUTION NO. 22693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE
ELIGIBILITY CRITERIA FOR THE JOB CREATION
INCENTIVE PROGRAM, AND AMENDING RESOLUTION
NO. 19542.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS
FOLLOWS:
A. The City Council established a Job Creation Incentive Program by
adopting Chapter 3.38 of the Palm Springs Municipal Code, to be implemented by one
or more resolutions of the City Council-
B. The City Council adopted Resolution No. 19542, establishing the criteria
for the Job Creation Incentive Program.
C. The City Council desires to amend the criteria as established in Resolution
No. 19542.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Section 6 of Resolution No. 19542 is hereby amended to read:
The minimum number. of new full-time jobs created by an eligible manufacturing
company shall be no less than fifty (60). The number of jobs created by another type of
benefit—producing business shall be fifty (50) nominal jobs, equivalent to no fewer than
fifty (50) full-time positions. These employment levels shall be agreed to in writing and
remain in effect during the period of the agreement between the City and the business.
SECTION 2. All other provisions of Resolution No. 19542 shall remain in full
force and effect.
ADOPTED THIS 7T" DAY OF APRIL, 2010.
ATTEST: �?��
David H. Re anager
es Thompson, City Clerk
18
FRe,s.olution No. 22693
2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22693 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 7t" of April, 2010, by the
following vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN, None.
.5mes Thompson, City Clerk 6 L , J�„1�
City of Palm Springs, California i=/
19
Exhibit B
(Legal Description of the Property)
Legal Description for property at 265 N. El Cielo, Palm Springs, California
3.40 ACRES M/L IN LOT 1 MB 109/097 TR 14573
20
7
Exhibit C
(Verification of Building fees paid for tenant improvements)
21
s
�� '"" ., City of Palm Springs
TENTATIVE BUILDING PERMIT
���FOaN��' Not a final or enforceable permit
No rights conferred
FermaTerJrrti®n Angela La France
DATE PLAN CHECK, PLAN CHECK CASE B E M P EP HP
SUMMED 4/28/2010 NUMBER 8878 FEE 4000 NUMBER 5 . 0533 PERM1Ts X X X X X X
Owner Address phone State Lk.Number
The Abbey Co 340 S. Farrell, PS 760) 320-2050
Contractor Address Phone State Lk.Number
NL Services 2423 Winston Rd. Anaheim, Ca 714) 635-1788 70421
Arthited Address Total value of work$ 500, 000 . 00
David Liang 2423 Winston Rd'. Anaheim, Ca Sewer Agre t#
Address Sdrod Fee
Empire 3 7010 Arlington, Riverside, Ca FbtmUnte 53
tM# Blodt# Trad Buil ling Address BUIWN Permit
2 + 14573 0265 EL CIELO ROAD NORT W-3RG A 4, 271. 31
Lot Sae Zone Hci➢M Oaupancy AA N0.. I TOW Area Plan Che&
A B/A3 5. 0533 001-34301 1, 177 . 74 .
Setbacks As Root side side Rear Parcel Number SKIP Taz
Constructed 1 502-15 0-011 00137112 105 . 00
Square EL"g Garag4cerpmt Raokd PaWftac MhOam
Footage 001.34308 100 . 00
Use of buidkg $MIP Type Permit Type Caret Type Fire spirdaer UNS New SeW Cn PermR
Commercial 2 C4A VB Y 0 0 001322M 104 .44
Class of New Additions I A6aations I Repair Reffi Removal Replace cono u.Tax
Work X 001-31W1 0 . 00
Describe work in tall: .. Dbi.Fe0RmW/MSc.
Interior tenant improvements at existing medical office 001-32210 0 . 00
building for Desert oasis Healthcare.
Construabm Permit
DDI-3=3 0 . 00
Sewer Rupectfon
001-32202 - 0 . 00
SOedan sewer Main
420-387D4 0 • 00
Sewn Agemnent
TaA 0. 00
Sewer Corecumr Fee
DO NOT CONCEALOR COVER ANY CONSIRUMON UNTIL THE WORN IS INSPECTED 420-38M 16, 218 • 00
IMPORTANT Drainage Fee
0 . 00
TUMF Fee
134-33110 0 • 00
This Tentative Building Permit is provided solely for the convenience and infbarialion of the applicant Mlac ren0
regarding identification of estimated fees,charges,and requirements that may be applimbie to the Fee
proposed project. No rights are oDrferred on the applicant and the aty reserves the right to modify 001-34210 104.00
any or all fees,charges,and requirememsspecified in this Tentative Building Permit prior to or at the Public Arts Fee
time a final Building Permit Is Issued. 150-34390 2, 500 . 00
Plamft Fee
- - 001-34303 0 . 00
Technology Fee
. 261-32214 650 . 00
. General Plan Maim.Fee
001-34310 0.00
W1-32219
20 . 00
TOTAL FEE 25, 250.49
OWNER/CONTRACTOR/AGENT DATE ISSUED BY 22
This Is a Building when properly filled out,signed and validated,and is not transferable.
04 "" �°•. City of Palm Springs
TENTATIVE BUILDING PERMIT
c'ttaPDR��'• Not_a final or enforceable permit .
No rights conferred PNnmTedmIcUn Angela LaFrance
DATE PLM CHEIX PLAN 4W50K CASE B E M P EP HP
SUBMITTED 4/28/2010 M7 ER 8878 PEE 4000 NUMBER 5 . 0533 PERMns X X X $ X X
ontt Address Plxme state tic Number
The Abbey Co 340 S . Farrell, PS 760) 320-2050
e«Rnctor Access Pbare state uc NumbN
NL Services 2423 Winston Rd. Anaheim, Ca 714) 635-1788 704214
AMNW °°d� Tow we of work$ 500, 000 . 00
David Liang 2423 Winston Rd. Anaheim, Ca Sw AWeearentx
EW9 Address sdMa Fee
Empire 3 7010 Arlington, Riverside, Ca RxtureUrgta 60
LOt N Blo k t Tract Building Addm Bul ft Pemdt
2 + 14573 0265 EL CIELO ROAD- NORTE ZlgRa B 4 , 520 . 07
lot size Zane He7BIK cam PN cy AA No. ' Tow Area
PIBn Coeds
A B 5. 0533 003-34301 1, 327. 00
Setbacks AS R t Skle side Rear POM9 NUMbef S1411)Tax
Constructed 5 02-15 0-011 001-37112 105 . 00
Square Builft Gwagocarpat Roofed PaWPorch Mkr film
Footage 0 0 0 001-34305 100 . 00
Use of buk2w SMP Type PaMtType eaRType Foe SpMkW u is New Sew a, Permit lesuN
Commercial 2 CMA VB Y 0 0 001-322Da 104 .44
Gass of New A*W= I AkWdbft s I Repok RMMM lk o l Replace 00"Spixyp,Tax
Work X 001-314501 0 . 00
Desame work In delall: Dbl.FeOPmm/Mhc
Interior tenant improvements at existing medical office 001-3n10 0 . 00
building for Desert. Oasis Healthcare. -
Cmstivcbm Pemtt
DDI-32203 0 . 00
Se Inspection
001.32202 0. 00
Sped Conr2 : .
sewer Main
420-38704 0 . 00
Sewer Agreement
T&A 0. 00
Sewer Omne tlon Fee
Do NoT coNCBAL OR covet Amy coNsnwc 1oN uKm rHE WORK 15 WSPECTED 420-38M 18, 360 . 00
IMPORTANT DmkWe Fee
0. 00
TUMF Fee
This Tentative Building Permit is provided solely for the convenience and
0• 0 0 and information of the applicant regarding identification of estimated fees,charges,and requirements that may be applicable to the Misc.Misc.HFrn Fee 210 104 . 00
p project No rights are conferred on the applicant and the oty reserves the right to modify
any or ali fees,charges,and requirements specified in.thls Tentative Budding Perm prior to or at the PUWCAm Fee
time a final Building Permit is Issued. 250-34390 2, 500 . 00
. Pbmwg re
001-34M 0. 00
TedmolaOY Fee
261-32214 650 . 00
. . . GNWW Plan Mot Fee
ODl-34310 0 . 00
ODI-32219
20. 00
TMAL FEE 27, 790.51
OWNER/CONTRACTOR/AGENT DATE ISSUED BY 23
This is a Building when properly filled out,signed and validated,and is not transferable:
Exhibit D
(Certificate of Program Compliance executed by Company)
24
9
3200 Tahquitz Canyon Way
P.O. Box 2743
The City of Palm Springs Palm Springs
60.238259
II
Job Creation Incentive Program
Certificate of Program Compliance
Part A: Emolover Information:
Company Name: A 4 -k 0
Address: `� �(oj
City, State, Zip: ilL4 1 t
Contact Name: t `t' ( Phone: /nC) -3y��5�1/`F IJcJ �
Email: mot' N h kc- r—
Part B: Employee Information (to be verified by City of Palm Springs Staff)
EMPLOYMENT CERTIFICATION
Period Covered from II I { to C 3G 112
The undersigned, a i QSt of the Company, has read and is thoroughly familiar with
the provisions of the Job Creation Reimbursement Agreement ("JCRA") and documents referred
to therein executed by the owner of the Property in the City of Palm Springs where the Company
is located ("Developer") and the City of Palm Springs ("City'), as such terms are defined in
Resolution No. 19542 of the City of Palm Springs. As of the date of this Certificate,for the period
shown above, the following number of full-time employees employed at the Company is:
Total full-time employees who worked during reporting period: �—
Total new* full-time employees who worked during reporting period:
("Number of new employees as a result of expansion to 265 N. El Cielo, Palm Springs, CA)
I have read the aforementioned statement and understand all of the items. I execute voluntarily,
on the date listed below, with full knowledge of its significance. I certify under penalty of perjury
under the laws of the State of California that the facts and statements presented in this Job
Creation Incentive Program and Certificate of Program Compliance, as well as any attached
documents,am true and accurate.
Signature of Company's Representative Date'
Verified by:
City of Palm Springs Date
Note: City of Palm Springs Staff completing this Certificate has relied on the employment
information supplied by the Company in determining the eligibility of the Employee. 25
Exhibit E
(Memorandum of Lease)
�6
10
LEASE AGREEMENT MEMORANDUM
BASIC LEASE INFORMATION
Date: March 15,2010.
Landlord: AP-PALM SPRINGS AIRPORT LLC,a Delaware limited liability company.
Tenant: DESERT MEDICAL GROUP, INC.,a California corporation.
The Project: Palm Springs Airport Center,255-275 N.El Cielo Road, Palm Springs, California.
The Premises: 265 N. El Cielo Road, Buildings A& B, Palm Springs, California,containing approximately
33,724 rentable square feet of space, which area shall be measured and certified by Landlord's architect
using BOMA standards,without modification, upon completion of the Initial Leasehold Improvements in the
Premises and shall thereafter be the basis for all Rent and other obligations of Tenant hereunder.
Tenant's Percentage Share: 100%.
Term: Eighty-Seven(87)full calendar months.
Option Term: Two (2) options to extend the initial Term of the Lease for an additional sixty (60) months
each, pursuant to the terms and conditions of Section 4.6 below.
Commencement Date: December 1,2010,subject to Sections 4.2 and 4.3 below.
Base Rent: $65,761.80 per month,subject to increase in accordance with Exhibit"B"attached hereto.
Security Deposit: $131,141.05.
Use: General medical office use consistent with the character of a first class medical office building which
includes pharmacy, immediate care,and general medical administration.
Monthly Project Operating Costs Charge: $15,045.00 monthly, subject to adjustment as provided under
Paragraph 5.3 below.
Landlord's and Tenant's Address for Notices:
If to Landlord: If to Tenant:
AP-Palm Springs Airport LLC Desert Medical Group, Inc. _
c/o The Abbey Management Company LLC 265 N. El Cielo Road
310 Golden Shore,Suite 300 Palm Springs,California
Long Beach,CA 90802 Phone:760.320.8814 ext 1004
Attn:Asset Manager Attn: Kay Etsell
Phone: 562.435.2100
Fax: 562.435.2109
Brokers: None.
Parking: One Hundred Twenty-two(122)total unreserved parking permits.
This Basic Lease Information shall be a part of this Lease, provided that in the event of any conflict between
any Basic Lease Information and the provisions contained in the body of this Lease,the latter shall control.
Y
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE 2011-12 FISCAL YEAR.
WHEREAS, Resolution No. 22926 approving the budget for the Fiscal Year 2011-12
was adopted on June 1, 2011; and
WHEREAS, the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE, that the Director of Finance is authorized to record inter-fund
cash transfers as required in accordance with this Resolution, and that Resolution No.
22926, adopting the Fiscal Year 2011-12 budget is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
001-General Fund 1400 — Community & New Acct "Job $11,000
Eco Dev Creation Incentive
Program"
Purpose: Establish funding for
SECTION 2. SOURCE
Fund Activity Account Amount
001 — Fund Balance TBD TBD $11,000
ADOPTED THIS DAY OF 2011.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
w$
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
29