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HomeMy WebLinkAbout3/16/2011 - STAFF REPORTS - 5F •,L C v u+ CITY COUNCIUCOMMUNITY C'��1FORN+P REDEVELOPMENT AGENCY STAFF REPORT DATE: March 16, 2011 NEW BUSINESS SUBJECT: APPROVE THE TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33432 OF THE CALIFORNIA HEALTH & SAFETY CODE SECTION 33430 AND 33432 FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY On January 10, 2011, newly elected Governor Brown outlined his proposal to deal with the State's widening budget gap, estimated to be as high as $25 Billion. The proposal contained many elements to raise revenue and cut costs. As part of the proposal, the Governor proposed a wholesale elimination of redevelopment in California. As proposed, the Governor is asking the legislature to dismantle the approximately 425 redevelopment agencies stag wide by July 1, 2011. While the Governor's proposal was indeed drastic, it was not accompanied by any specific bill language leaving cities and counties uninformed on how the legislation would be implemented. In late February, draft language was published and the full impact of the legislation is bei g evaluated statewide. This legislation is harmful to Im Springs' effort to continually improve the community through redevelopment. It seek to immediately shut down the Agency's ability to enter into agreements for development of its properties and fund public improvements, public facilities and economic development programs that benefit the Palm Springs community. Beyond the immedia disruption, the proposal would take control of on- going implementation of the Agen y's project agreements and place it at the discretion of an Oversight Committee of mad up of seven outside representatives, with only one being a City representative. The other six positions are represented by County agencies, heavily focused on educa ion. While it is unknown exactly how these would operate, it is known they will wield t emendous influence on the ongoing administration of Agency agreements of which they re not a party. ITENr N0. S. ' City Council/Community Redevelopment Agency Staff Report March 16, 2011 -- Page 2 Transfer of Agency Property to City The proposed Law describes the composition of the Oversight Boards: Chapter 4. Oversight Boards Section 34179. (a) Each successor agency shall have an oversight board composed of 7 members. Members shall be selected as follows: (1) One member may be selected by the county board of supervisors. (2) One member may be selected by the city council for the city that formed the redevelopment agency. (3) One member may be selected by the largest non-enterprise special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency. (4) One member may be appointed by the county superintendent of education to represent schools. (5) One member may be appointed by the county superintendent of education to represent community college districts. (6) Additionally the county and the county superintendent of education may each appoint one member from the public, for a total of two members. In the area of property disposition, the proposed bill before the Legislature proposes that Property of the Agency be handled as follows: "Section 34177. (a) Successor agencies are required to do all of the following: .,..(3) (e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board. Such disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for to wind up the affairs of the agency, as determined by the oversight board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 341$$." RECOMMENDATION: 1. ADOPT A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33432 OF THE CALIFORNIA HEALTH & SAFETY CODE SECTION 33430 AND 33432 City Council/Community Redevelopment Agency Staff Report March 16, 2011 -- Page 3 Transfer of Agency Property to City 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33432 OF THE CALIFORNIA HEALTH & SAFETY CODE SECTION 33430 AND 33432 STAFF ANALYSIS: The properties proposed for transfer to the City are considered Property Held for Resale, acquired as part of land assembly or for redevelopment purposes; or assets of the Agency acquired from private parties. These are mainly downtown parking lots. Excluded are parcels acquired with funds acquired with Low- and Moderate-Income Housing Funds, which must be appraised and sold for fair market value, with the proceeds remitted back to the Low-Mod Fund. The Agency's largest affordable housing parcel, at Indian and San Rafael Road, is currently undergoing an MAI appraisal for that purpose. Included in the resolutions are the following parcels: • PSL-315 Subleasehold. This is interest in certain real property (the "Leasehold") within Merged Project Area No. 2, generally being 9.62 acres located at the intersection of Amado Road and Avenida Cabelleros. The City is the Master Lessee under Business Lease No. PSL 315 ("Original Lease"). The Master Lease has been amended pursuant to: 1) Amendment No. 1 to PSL-315 approved by the BIA on October 13, 1995; 2) the First Amendment to Business Lease-315, dated April 7, 2004, and approved by the BIA on May 26, 2004; and 3) the Second Amendment to Business Lease No. PSL-315, dated February 9, 2006, and approved by the BIA on February 9, 2006. The Original Lease as amended by the three amendments are collectively referred to in this Agreement as the "Master Lease." • The Cork n Bottle. This 2,094 square feet property, referred to as APN 513-081- 017, is located at 342-344 North Palm Canyon Drive near Amado Road, within Merged Project Area No. 1 . The transfer of the Property is subject to the terms of the tenant Lease with Moustapha El-Khalil, executed on September 3, 2004 • The Prairie Schooner Parcel. These three parcels bear APN Numbers 508-055- 008, 508-055-009, and 508-055-007 and are generally south of Andreas Road and East of Calle El Segundo in Section 14. The Property is subject to the terms of the Repayment Agreement with the Agua Caliente Band of Cahuilla Indians for the construction of a parking lot, and a Disposition and Development Agreement with 0 & M HR, LLC for the development of a 500-room hotel. City Council/Community Redevelopment Agency Staff Report March 16, 2011 -- Page 4 Transfer of Agency Property to City • The Plaza Theater. Located at 124-132 South Palm Canyon Drive (APN 513- 144-008). The Property is subject to the terms of the Lease with the Partnership for the Performing Arts and certain easements and leases with the Wessman Family Trust and Plaza Investment Company for certain courtyard, alleyway, and trash area access. • Casa del Camino Property. This 32,852 s.f. property is located at 1479 N. Palm Canyon Drive (near Stevens Road), APN 505-182-004. • The McKinney Parcel. This 6,950 s.f. vacant parcel is located at 190 West Sunny Dunes, APN 508-131-009. The Property is subject to the terms of the Easements for underground utility lines and ingress/egress off Sunny Dunes, dated 1991. • Catholic Church Parking Lot. This 39,440 s.f..lot at the northwest corner of Alejo and Belardo Road (APN 505-324-002). The property was acquired by the Agency in 1983 and is subject to the terms of an agreement with Our Lady of Solitude Catholic Church for use of site for parking. • Blue Coyote Parking Lot and driveway. These two parcels, at 400 North Belardo Road and 425 North Palm Canyon Drive (513-082-023&040, 23,790 s.f. and 3,218 s.f.) were acquired by the Agency in 1981 and 1983. • Vineyard Parking Lot. 42,729 s.f of improved parking and a horse carriage enclosure, APN 513-153-015, 016 & 025, in the 200 Block of South Belardo Road. The property was acquired by the Agency in 1977. The transfer of the Property is subject to the terms of a Lease with Big Horse Carriage Company for the use of the carriage enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. • Food Court Parking Lot. This 19,313 s.f. of improved parking (APN 513-082- 043), is on the 300 Block of North Belardo Road. It was acquired by the Agency through a land exchange in 1997. The Property is subject to the terms of an Easement for Access to the trash enclosure. • The Desert Hotel property. This.06 acre parcel, APN 513-091-003, is located at 285 North Indian Canyon Drive, within Merged Project Area No. 1 , and was acquired by the Agency in 2005. • The Henry Frank Arcade Parking Lot, a 3,682 s.f. improved parking lot, APN 513- 082-043, located at 261-265 North Indian Canyon Drive. The property is the northern half of the Henry Frank Arcade Parking Lot, within Merged Project Area No. 1 , and was acquired by the Agency in 1989. City Council/Community Redevelopment Agency Staff Report March 16, 2011 -- Page 5 Transfer of Agency Property to City The following properties are those that were subject to the purchase of City-owned properties by the Agency in late 2007 and 2008. This action would convey those properties back to the City and extinguish the remaining balance on any Land Notes still due the City. • Frances Stevens Park: a 3.48 acre park and cultural facilities (APN 505-325- 003), including the Palm Canyon Theater (538 North Palm Canyon Drive) and the Desert Art Center (550 North Palm Canyon Drive). The Property is subject to a lease of the Palm Canyon Theater and the Desert Art Center and a Theater Use Agreement with the Palm Springs International Film Festival for the use of the Palm Canyon Theater; and a Lease Agreement between Desert Art Center, Inc. of the Coachella Valley. • Convention Center North Parking Lot (APNs 508-023-012, 013, and 014). The Property is subject to to assign the provisions of the Disposition and Development Agreement, which provides for the sale of the property to the Developer per the terms of the Agreement. • Downtown Parking Garage. This is a sublease interest in the real property located 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 Sublease is subject and subordinate in all respects to the Lease Agreement. • Village Green (211 South Palm Canyon Drive; APN: 513-153-017). The transfer of the Property is subject to the terms of any easements and leases with the Palm Springs Historical Society, the Agua Caliente Band of Cahuilla Band Indians, and Palm Springs Fudge. • Sunrise Park (1901 E. Baristo Road; APNs 502-200-001 and 502-200-002). The Property is subject to the terms of any easements and leases and Agreements with the Mizell Senior Center, the Boys & Girls Club, the Palm Springs Power, and any other users of facilities in the Park. • Palm Springs Visitor Center (2901 North Palm Canyon Drive; APN: 504-040- 00 1-8). The Property is subject to the terms of any easements and leases and Agreements with the Agua Caliente Band of Cahuilla Band and the Culver Nichols Charitable Trust. FISCAL IMPACT: The short term fiscal impact of the land transfer is zero, as they are being transferred at no cost and, except for the leasehold, are owned free and clear. Several of the properties are subject to leases, which will generate a modest amount of cash flow for City Council/Community Redevelopment Agency Staff Report March 16, 2011 -- Page 6 Transfer of Agency Property to City the City. However, transferring properties to the City will make it more difficult for the Agency to fund any ongoing improvements to those properties, without the Council making appropriate findings under Section 33445 under the Health & Safety Code. Jo n Ray on , irector Tom Wilson Assktant City Manager David H. Ready, Es� 'Pfi.D., City Man r Attachments: Resoutions (2) RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33432 OF THE CALIFORNIA HEALTH & SAFETY CODE SECTION 33430 AND 33432 WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") owns certain real properties in the City of Palm Springs (collectively, the "Properties"); and WHEREAS, the Agency finds that California Health & Safety Code Section 33430 and 33432 allow the Agency to transfer properties to the community or any other public agency without competitive bidding; and WHEREAS, the Agency desires to transfer the properties to the City of Palm Springs and the City desires to accept the transfer of such Properties from the Agency. NOW THEREFORE BE IT RESOLVED THAT the Community Redevelopment Agency of the City of Palm Springs hereby authorizes the transfer of Properties from the Agency to the City as follows: SECTION 1. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of a subleasehold interest in certain real property (the "Leasehold") within Merged Project Area No. 2 described above, generally being 9.62 acres located at the intersection of Amado Road and Avenida Cabelleros. The City of Palm Springs, a California charter city ("City"), is the Master Lessee under Business Lease No. PSL 315 ("Original Lease"), which is on file with the Bureau of Indian Affairs ("BIA") at 901 E. Tahquitz Canyon Way, Suite C-101, Palm Springs, California, 92262, which lease affects certain Sublease Land as more particularly described in said lease ("Master Lease Property"). The Master Lease has been amended pursuant to: 1) Amendment No. 1 to PSL-315 approved by the BIA on October 13, 1995; 2) the First Amendment to Business Lease-315, dated April 7, 2004, and approved by the BIA on May 26, 2004; and 3) the Second Amendment to Business Lease No. PSL-315, dated February 9, 2006, and approved by the BIA on February 9, 2006. The Original Lease as amended by the three amendments are collectively referred to in this Agreement as the 550655.1 7 "Master Lease." SECTION 2. The transfer of the Property is subject to the terms of the PSL-315 Sublease and is conditioned on the redevelopment and use of the property in conformity with the redevelopment plan SECTION 3. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of approximately 2,094 square feet, referred to as APN 513-081-017, located at 342-344 North Palm Canyon Drive near Amado Road in the City of Palm Springs, commonly known as the Cork n Bottle, within Merged Project Area No. 1 . SECTION 4. The transfer of the Property is subject to the terms of the tenant Lease with Moustapha EI-Khalil, executed on September 3, 2004, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 5. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of three parcels located in the City of Palm Springs, bearing APN Numbers 508-055-008, 508-055-009, and 508-055-007, generally south of Andreas Road and East of Calle El Segundo, in Section 14. The property is commonly known as the Prairie Schooner Parcel, within Merged Project Area No. 2. SECTION 6. The transfer of the Property is subject to the terms of the Repayment Agreement with the Agua Caliente Band of Cahuilla Indians for the construction of a parking lot, and a Disposition and Development Agreement with O & M HR, LLC for the development of a 500-room hotel, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 2 Redevelopment Plan. SECTION 7. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of located at 124-132 South Palm Canyon Drive in Palm Springs, APN 513-144-008. The property is commonly known as the Plaza Theater, within Merged Project Area No. 1 . SECTION 8. The transfer of the Property is subject to the terms of the Lease with the Partnership for the Performing Arts and certain easements and leases with the Wessman Family Trust and Plaza Investment Company for 550655.1 V certain courtyard, alleyway, and trash area access, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 9. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 32,852 s.f., located at 1479 N. Palm Canyon Drive (near Stevens Road), APN 505-182-004. This property is commonly known as the Casa del Camino property. SECTION 10. The transfer of the Property is subject to the any easements on the Property, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 11. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 6,950 S.F. of Vacant Land located at 190 West Sunny Dunes, APN 508-131-009. The property is commonly known as the McKinney Parcel, within Merged Project Area No. 1. SECTION 12. The transfer of the Property is subject to the terms of the Easements for underground utility lines and ingress/egress off Sunny Dunes, dated 1991, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 13. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 39,440 S.F. at the Northwest corner of Alejo & Belardo, APN 505-324- 002. The property is commonly known as the Catholic Church Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency in 1983. SECTION 14. The transfer of the Property is subject to the terms of an agreement with Our Lady of Solitude Catholic Church for use of site for parking, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 15. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of two parcels, at 400 North Belardo Road and 425 North Palm Canyon 550655.1 Drive (513-082-023&040, 23,790 S.F., 3,218 S.F.) The property is commonly known as the Blue Coyote Parking Lot and driveway, within Merged Project Area No. 1, and was acquired by the Agency in 1981 and 1983. SECTION 16. The transfer of the Property is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 17. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 42,729 s.f of improved parking and a horse carriage enclosure, APN 513-153-015, 016 & 025, in the 200 Block of South Belardo Road. The property is commonly known as the Vineyard Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency in 1977. SECTION 18. The transfer of the Property is subject to the terms of a Lease with Big Horse Carriage Company for the use of the carriage enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 19. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of (19,313 S.F.) of improved parking, APN 513-082-043, in the 300 Block of North Belardo Road. The property is commonly known as the Food Court Parking Lot, within Merged Project Area No. 1, and was acquired by the Agency through a land exchange in 1997. SECTION 20. The transfer of the Property is subject to the terms of an Easement for Access to the trash enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 21, The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of .06 acre, APN 513-091-003, at 285 North Indian Canyon Drive. The property is commonly known as the Desert Hotel property, within Merged Project Area No. 1 , and was acquired by the Agency in 2005. SECTION 22. The transfer of the Property is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. 550655.1 SECTION 23. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of 3,682 s.f. of improved parking, APN 513-082-043, at 261-265 North Indian Canyon Drive. The property is commonly known as the northern half of the Henry Frank Arcade Parking Lot, within Merged Project Area No. 1 , and was acquired by the Agency in 1997. SECTION 24. The transfer of the Property is subject to the terms of any easements for access to the trash enclosure and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 25. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer to the City of Palm Springs of certain real property consisting of, a 3.48 acre park and cultural facilities, generally known as Frances Stevens Park (APN 505-325-003), including the Palm Canyon Theater (538 North Palm Canyon Drive) and the Desert Art Center (550 North Palm Canyon Drive). SECTION 26. The transfer of the Property shall extinguish the remaining balance on the Four Million Eight Hundred Twenty Three Thousand Dollars ($4,823,000) Note from the Community Redevelopment Agency of the City of Palm Springs, in full payment of said parcel. The Agency assigns its rights, title, and interest in the lease of the Palm Canyon Theater and the Desert Art Center to the City of Palm Springs and agrees to the assignment of the Lease Agreement between the City of Palm Springs and Palm Canyon Theater and the Theater Use Agreement with the Palm Springs International Film Festival for the use of the Palm Canyon Theater, and a Lease Agreement between Desert Art Center, Inc. of the Coachella Valley and the City for the Desert Art Center, to the City. The Property is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 27. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of the Convention Center North Parking Lot (APNs 508-023-012, 013, and 014) to the City of Palm Springs. SECTION 28. The transfer of the Property shall extinguish the remaining balance on the Four Million Six Hundred Seventy Five Thousand Dollars 550655.1 ($4,675,000) Note from the Community Redevelopment Agency of the City of Palm Springs, in full payment of said parcel. The Agency agrees to assign the provisions of the Amended Exclusive Agreement to Negotiate between the City and the Oasi Group, LLC, which provides for the sale of the property to the Developer per the terms of a Disposition and Development Agreement, to the City of Palm Springs. SECTION 29. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain sublease interest in certain real property generally located 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) and referred to as the "Downtown Parking Garage," to the City of Palm Springs. SECTION 30. The Sublease is subject and subordinate in all respects to the Lease Agreement and the Agency assigns all liability for the performance of the covenants and conditions on its part to be performed under the Lease Agreement to the City. SECTION 31. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of three parcels of land with certain real property improvements within Merged Project Area No. 1, generally identified as the Village Green (211 South Palm Canyon Drive; APN: 513-153-017), to the City of Palm Springs. SECTION 32. The transfer of the Property is subject to the terms of any easements and leases with the Palm Springs Historical Society, the Agua Caliente Band of Cahuilla Band Indians, and Palm Springs Fudge and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 33. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of Sunrise Park (1901 E. Baristo Road; APNs 502-200-001 and 502- 200-002). SECTION 34. The transfer of the Property shall extinguish the remaining balance on the Agency Land Note from the Community Redevelopment Agency of the City of Palm Springs, in full payment of said parcel. The transfer of the Property is subject to the terms of any easements and leases and Agreements with the Mizell Senior Center, the Boys & Girls Club, the 550655.1 Palm Springs Power, and any other users of facilities in the Park, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 2 Redevelopment Plan. SECTION 35. The Community Redevelopment Agency of the City of Palm Springs, pursuant to authority provided under Health and Safety Code Section 33432, approves the transfer of that certain real property consisting of and the Palm Springs Visitor Center (2901 North Palm Canyon Drive; APN: 504-040-001-8) to the City of Palm Springs. SECTION 36. The transfer of the Property is subject to the terms of any easements and leases and Agreements with the Agua Caliente Band of Cahuilla Band and the Culver Nichols Charitable Trust, and is conditioned on the redevelopment and use of the property in conformity with the Merged Project Area No. 1 Redevelopment Plan. SECTION 37. The Agency authorizes and directs the Executive Director to execute grant deeds in favor of the City of Palm Springs, to accept payment, and to execute such other documents as may be reasonably necessary or prudent to complete this transaction as provided in this Resolution. ADOPTED THIS TH DAY OF MARCH, 2011. David H. Ready, Executive Director ATTEST: James Thompson, City Clerk 550655.1 1.,� 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 March 16, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 550655.1. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33432 OF THE CALIFORNIA HEALTH & SAFETY CODE SECTION 33430 AND 33432 WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency") owns certain real properties in the City of Palm Springs (collectively, the "Properties"); and WHEREAS, the City Council finds that California Health & Safety Code Section 33430 and 33432 allow the Agency to transfer properties to the community or any other public agency without competitive bidding; and WHEREAS, the Agency desires to transfer the properties to the City of Palm Springs and the City desires to accept the transfer of such Properties from the Agency. NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Palm Springs hereby: 1. Authorizes the transfer of Properties described in the Agency resolution, from the Agency to the City of Palm Springs. 2. Extinguishes the Agency Land Notes on the Frances Stevens Park Property, Sunrise Park, and the Convention Center North Parking Lot. 3. Terminates the Agency's Sublease on the Downtown Parking Structure. 4. Authorizes and directs the City Manager to execute any and all documents as may be reasonably necessary or prudent to complete this transaction as provided in this Resolution. ADOPTED THIS T" DAY OF MARCH, 2011. David H. Ready, City Manager ATTEST: James Thompson, City Clerk