HomeMy WebLinkAbout3/25/2009 - STAFF REPORTS - 1.C. �°�pPl.Msp�
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-City Council/Community Redevelopment
Agency Staff Report
DATE: MARCH 25, 2009 PUBLIC HEARING
SUBJECT: APPROVE THE SALE OF A 9,150 SQUARE FOOT PARCEL (.21 ACRE.)
FROM THE COMMUNITY REDEVELOPMENT AGENCY TO THE CITY OF
PALM SPRINGS FOR THE SUM OF $27,450, LOCATED AT 3845 EAST
RAMON ROAD ON THE SOUTH SIDE OF RAMON ROAD AT AVENIDA
EVELITA, MERGED PROJECT AREA#1 (FORMERLY PROJECT AREA 9-
D) (APN 680-041-004) AND A 9,404 SQUARE FOOT PARCEL (.2159
ACRE) FOR THE SUM OF $22,500, LOCATED AT THE NORTHEAST
CORNER OF JIMINEZ CIRCLE AND ROSA PARKS BOULEVARD,
MERGED PROJECT AREA #1 (FORMERLY DESERT HIGHLAND
PROJECT AREA) (APN 669-353-001)
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
SUMMARY:
The Community Redevelopment Agency of the City of Palm Springs ("Agency") proposes
to sell a 9,150 square foot parcel to the City of Palm Springs for the amount of $27,450
and a 9,404 square foot parcel for $22,500. The purpose of this sale is to enable the
Agency to comply with 33334.16 of California Redevelopment Law, which prohibits
agencies from holding land purchased for low-or moderate-income housing for longerthan
five years.
RECOMMENDATION:
COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING THE PURCHASE AND SALE WITH THE CITY OF PALM SPRINGS,
CALIFORNIA, FOR A PROPERTY AT 3845 EAST RAMON ROAD (APN 680-041-004), IN
ITEM NO. 1 -Ci
THE AMOUNT OF $27,450 AND A PROPERTY AT THE NORTHEAST CORNER OF
JIMINEZ CIRCLE AND ROSA PARKS BOULEVARD (APN 669-353-001), IN THE
AMOUNT OF $22,500 AND ACCEPTING A PROMISSORY NOTE IN THE AMOUNT OF
$49,950"
CITY OF PALM SPRINGS RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING AN AGREEMENT FOR PURCHASE AND
SALE WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FOR A PROPERTY AT 3845 EAST RAMON ROAD (APN 680-
041-004), IN THE AMOUNT OF $27,450 AND A PROPERTY AT THE NORTHEAST
CORNER OF JIMINEZ CIRCLE AND ROSA PARKS BOULEVARD (APN 669-353-001), IN
THE AMOUNT OF $22,500,AND MAKING A PROMISSORY NOTE IN THE AMOUNT OF
$49,950;"
AUTHORIZE THE EXECUTIVE DIRECTOR ON BEHALF OF THE AGENCY AND THE
CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE ALL THE DOCUMENTS
RELATED TO THE PURCHASE AND SALE,AND PROMISSORY NOTE ON BEHALF OF
THE AGENCY AND CITY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
BACKGROUND:
The Community Redevelopment Agency of the City of Palm Springs ("Agency") proposes
to sell a 9,150 square foot parcel to the City of Palm Springs for $27,450 and a 9,404
square foot parcel to the City of Palm Springs for$22,500. The purpose of this sale is to
enable the Agency to comply with Section 33334.16 of California Redevelopment Law,
which prohibits agencies from holding land purchased for low-or moderate-income housing
for longer than five years.
On January 22, 1992 the City Council approved the resolutions necessary to create
Assessment District 157,which widened and approved Ramon Road among other projects.
The Public Works department proceeded with the right-of-way acquisition on the 131
parcels in the District but several properties required the use of eminent domain. On
February 28, 1992 the City Council approved a resolution allowing the City to proceed with
a condemnation action under Government Code Section 7627.2 for a 10-foot by 122 foot
strip from the owner of the subject property. The Owner asserted a severance damage
claim, in that the acquisition of the 10 foot strip rendered the front parking area
substandard and made leasing the units difficult.
On November 10, 1992,the City Council approved a purchase and sale agreement forthe
purpose of settlement with the property owner whereby the City would acquire the 10 foot
strip from AD 157 proceeds and the Agency would acquire the remaining property,
including the four apartments with Low and Moderate Income Housing Funds. The
transaction was carried on the City and Agency books, however, as city owned property
since the primary reason for the acquisition was the purchase of needed right-of-way for
- L�
Ramon Road. In 1996, after operating the apartment for three years and with no success
at locating a buyer, the Agency demolished the units rather than expend the considerable
investment to bring them up to code, which was made more difficult by the substandard
parking area.
In 1998,Agency Staff undertook a marketing effort on all surplus City and Agency property,
some of which sold. There were several prospective buyers interested in this property at
the time, but each one asked forthe assessment district payments(orthe entire lien)to be
waived as the cost of the assessment district was more than the vacant land's value. The
Council at the time did not agree and the property remained unsold. Even in the recent
real estate boom, when there were several office projects built along that section of Ramon
Road, there were no buyers for the property.
When reviewing the list of Land Held for Resale as part of the recent annual financial audit
of the Agency, staff researched the transaction and determined that, in fact, the land was
owned by the Agency and purchased with Low and Moderate Income Housing Funds,
making it subject to Section 33334.16 of California Redevelopment Law.
The second property was acquired as part of a proposed project with Habitat for Humanity
in September, 1990. The parcel was obtained by the Agency from Desert Water Agency
along with 2 other similarly sized lots in the Desert Highland Estates tract. The Agency had
discussed a project with Habitat for Humanity over the years, as well as other housing
developers, and would have included the parcel in a third phase of Desert Highland infill if
the residential market had not declined so significantly over the past two years.
In selling these properties to the City, the Agency will receive a Promissory Note from the
City for$49,950. This transaction on the Ramon Road parcel is at a net$3.00 per square
foot, which represents a modest residual value after the assessment lien. The additional
cost to the City is that it will now be responsible for the remaining AD 157 lien on the
property in the amount of$8,165.65. The$22,500 for the Desert Highland lot is the per-lot
amount paidby Century Homes (and now recorded as a lien on the
five homes).
Dian Thomas J. Wils(6n
Redevelopment Coordinator Assistant City Manager, Development Services
` 2� J
David H. Ready
Executive Director
Attachments:
1. Agreement for Purchase and Sale
0�
2. Summary Report
3. Agency Resolution
4. City Resolution
5. Public Hearing Notice
6. Promissory Note
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE SALE OF A 9,150 SQUARE FOOT
PARCEL, APN 680-041-004, TO THE CITY OF PALM
SPRINGS FOR $27,450 AND A 9,404 SQUARE FOOT
PARCEL, APN 669-353-001, TO THE CITY OF PALM
SPRINGS FOR $22,500.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.21 acres, which it acquired in
November, 1992 as part of the City of Palm Springs' settlement of litigation
related to AD 157; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.2159 acres, which it acquired for
the purpose of affordable housing; and
WHEREAS Section 33334.16 of California Redevelopment Law (Health &
Safety Code Section 33334.16)declares that"the agency shall,within five years
from the date it first acquires the property interest for the development of
housing affordable to persons and families of low and moderate income, initiate
activities consistent with the development of the property for that purpose'; and
WHEREAS the Agency originally acquired the parcels in 1992 and 1990,
respectively, for such purposes, and as such has held the land for longer than
the five year limit; and
WHEREAS selling the parcels from the Agency to the City of Palm Springs
would help the Agency comply with Section 33334.16.
NOW THEREFORE BE the Community Redevelopment Agency of the City of
Palm Springs resolves:
1. A Grant Deed conveying the 9,150 square foot parcel, APN 680-041
004, from Agency to the City of Palm Springs in a form approved by Agency
Counsel is hereby approved.
2. A Grant Deed conveying the 9,404 square foot parcel, APN 669-353-
001, from Agency to the City of Palm Springs in a form approved by Agency
Counsel is hereby approved.
3. Purchase and Sale of Real Property Agreement between City and
Agency is hereby approved.
4. Authorize and direct Executive Director or his designee to complete
and execute the promissory note and other such documents as may be
reasonably necessary or prudent to complete this transaction.
ADOPTED this day of 2009.
Executive Director
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Agency Secretary to the Agency Board of Directors of
the Community Redevelopment Agency of the City of Palm Springs, hereby
certifies that Resolution No. is a full, true and correct copy, and was duly
adopted at a regular meeting of the Agency Board on 2009, by
the following vote:
AYES:
NOES:
ABSENT:
James Thompson, Agency Secretary
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
PURCHASE OF A 9,150 SQUARE FOOT PARCEL,APN 680-
041-004, FROM THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS FOR $27,450
AND A 9,404 SQUARE FOOT PARCEL, APN 669-353-001,
TO THE CITY OF PALM SPRINGS FOR $22,500.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.21 acres, which it acquired in
November, 1992 as part of the City of Palm Springs' settlement of litigation
related to AD 157; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.2169 acres, which it acquired for
the purpose of affordable housing; and
WHEREAS the Agency desires to sell both parcels to the City in orderto comply
with Section 33334.16 of California Redevelopment Law (Health &Safety Code
Section 33334.16); and
WHEREAS the City purchasing the parcels from the Agency would help the
Agency comply with Section 33334.16.
NOW THEREFORE the City Council of the City of Palm Springs resolves:
1. The City of Palm Springs agrees to purchase and accepts a Grant
Deed conveying the 9,150 square foot parcel,APN 680-041-004,from Agency in
a form approved by the City Attorney.
2. The City of Palm Springs agrees to purchase and accepts a Grant
Deed conveying the 9,404 square foot parcel,APN 669-353-001,from Agency in
a form approved by the City Attorney.
C7
3. Approve Purchase and Sale of Real Property Agreement between City
and Agency.
4. Authorize and direct City Manager or his designee to complete and
execute the promissory note and other such documents as may be reasonably
necessary or prudent to complete this transaction.
ADOPTED this day of 2009.
City Manager
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certifies
that Resolution No. is a full, true and correct copy, and was duly adopted
at a regular meeting of the City Council on 2009, by the following
vote:
AYES:
NOES:
ABSENT:
James Thompson, City Clerk
08
SUMMARY REPORT:
SALE OF A 0.21 ACRE PARCEL AND A 0.2159 ACRE PARCEL FROM
THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
TO
THE CITY OF PALM SPRINGS
MARCH 2O09
INTRODUCTION
Before real property acquired by a Community Redevelopment Agency with tax
increment proceeds may be sold or leased,the transaction must be approved by the
Agency Board in accordance with California Health and Safety Code Section 33433.
This Section requires a "Summary Report", which describes and specifies certain
information in regard to the proposed transaction, be available for public inspection.
DESCRIPTION OF THE PROPOSED AGREEMENT
Site and Interests to be Conveyed
The Site consists of two parcels of land of approximately 0.21 acres (9,150 square
feet) and 0.2159 acres (9,404 square feet). The first Site is located on the South
side of Ramon Road near Avenida Evelita and the second is located at the
Northeast Corner of Jiminez Circle and Rosa Parks Boulevard. The purpose of this
sale is to enable the Agency to comply with California Redevelopment Law, which
prohibits agencies from holding land purchased for low- or moderate-income
housing for longer than five years.
The first parcel was purchased by the Agency on November 13, 1992 for the
purpose of settlement of litigation and the second property was acquired by the
Agency on September 1, 1990 after the previous structure on it, a single family
home, had been demolished.
Proposed Development
The City does not have a proposed use for either parcel but can own property
without the limitation of Section 33334.16.
Financing
The City will make a Promissory Note to the Agency for the transaction.
Agency Responsibilities
The Agency will bear no additional responsibilities for the parcel once the sale is
completed.
COST OF AGREEMENT TO THE AGENCY
The Agency will receive $49,950 for the two parcels. Once the Promissory Note is
paid off, the funds will be deposited in the Low- and Moderate Income Housing
Fund for use in the development of affordable housing. There is no other cost to
the Agency.
is
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
("Agreement") is made this_ day of 2009� ("Effective
Date"), by and between the Community Redevelopment Agency of the City of Palm
Springs, a public body, corporate and politic, ("Agency")and the City of Palm Springs,
a municipal corporation ("City").
RECITALS:
WHEREAS, the Community Redevelopment Agency does own a parcel of land of
approximately 0.21 acres, which was a parcel acquired in a settlement with a property
owner over anticipated litigation over a taking of a portion of his property for the
purpose of widening of the south half of Ramon Road, namely, a significant portion of
the off-street parking; and
WHEREAS, at the time of the acquisition by the Agency forthe purpose of settlement
the property was improved with four occupied apartments, which the Agency
operated for a period of time during which it searched for a buyer; and
WHEREAS, the Agency determined in 1995 that it was infeasible to operate the
apartments with the diminished on-site parking, and demolished the structures; and
WHEREAS, the Agency's marketing of the property has been hindered by its size
and the existence of an assessment district lien on the property; and
WHEREAS, the Community Redevelopment Agency does own a parcel of land of
approximately 0.2159 acres, which was a parcel acquired in as part of a proposed
affordable housing project, at the northeast corner of Jiminez Road and Rosa Parks
Boulevard; and
WHEREAS, Section 33334.16 of California Redevelopment Law (Health & Safety
Code Section 33334.16) declares that "the agency shall, within five years from the
date it first acquires the property interest for the development of housing affordable to
persons and families of low and moderate income, initiate activities consistent with
the development of the property for that purpose"; and
WHEREAS, Agency originally acquired the first parcel on November 13, 1992 and
the second on September 1, 1990 for the described purposes, but as such has held
the remaining land for longer than the five year limit; and
WHEREAS, The Agency desires to comply with the provisions of Section 33334.16,
and selling the parcels to the City of Palm Springs would help the Agency complywith
the statute but would allow the City to continue to market the parcels to projects that
would benefit the project area.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
TERMS AND CONDITIONS
PURCHASE AND SALE OF PROPERTY. Subject to all of the terms, conditions and
provisions of this Agreement, and for the consideration herein set forth, Agency
hereby agrees to sell to City and City hereby agrees to purchase from Agencythe
Agency's fee interest in the Property, as specifically described at Exhibit "A",
attached hereto and made a part hereof-
1 PAYMENT OF PURCHASE PRICE.
1. Purchase Price. City agrees to purchase the Ramon Road
Property from Agency and Agency agrees to sell the Propertyto Cityforthe purchase
price ("Purchase Price") of Twenty Seven Thousand Four Hundred Fifty and 00/100
Dollars($27,450.00), and the City agrees to purchase the Rosa Parks Property from
Agency and Agency agrees to sell the Property to City for the purchase price of
Twenty Two Thousand Five Hundred Dollars ($22,500), payable by City as set forth
at Section 3.1 below.
"Good funds" shall mean a wire transfer of funds, cashier's or certified check
drawn on or issued by the offices of a financial institution located in the State of
California, or cash.
2. Time of Payment. The entire Purchase Price shall be paid in
good funds upon the Effective Date of this Agreement.
3. ESCROW.
1. Closing. Closing of the sale of the Property shall take place upon the
recordation of the Grant Deed by the City. The Closing Date shall be on or before
February 28, 2009; provided, however, that either party herein may, upon twenty(20)
days prior written notice to the other party and receipt of such other party's consent,
elect to extend the Closing Date for a period of up to sixty (60) days.
2. Conveyance of Title. At the Closing Date, Agency shall deliver to City a
Grant Deed ("Grant Deed")for each property in the form of attached hereto as Exhibit
"B", which Grant Deed shall convey all of Agency's interest in the fee to City. City is
instructed to record such Grant Deeds in the Official Records of Riverside County,
California.
3_ Promissory Note. At the Closing Date, City shall deliver to Agency an
executed Promissory Note in the form attached hereto as Exhibit "C", which
Promissory Note shall be recorded in the Official Records of Riverside County,
California.
12
4. EFFECTIVE DATE. This Agreement shall take effect from and afterthe
date (which date shall be inserted into the preamble of this Agreement) of adoption
and approval by the Agency pursuant to official action of the Agency.
5. NO WARRANTIES: "AS-IS" SALE. Except as set forth in this
Agreement, City acknowledges that neither Agency nor any of its employees, agents
or representatives has made any representations, warranties or agreements to or
with City on behalf of Agency as to any matters concerning the Property,the physical
condition, the present use thereof, the merchantability, or the suitability of City"s
intended use of the Property. Agency further acknowledges and agrees that the
Property is to be purchased, conveyed and accepted by Agency in its present"AS-IS"
condition.
Reserved.
7. MISCELLANEOUS.
7.1 Successors. This Agreement shall be binding upon the parties hereto
and their respective heirs, representatives,transferees, successors and assigns. The
obligations of City under this Agreement shall inure to the benefit of Agency and City,
and their respective heirs, representatives, transferees, successors and assigns.
7.2 Time of Essence. Time is of the essence in this Agreement and with
respect to each covenant and condition hereof. Agency and City each specifically
agrees to strictly comply and perform its obligations herein in the time and manner
specified and waives any and all rights to claim such compliance by mere substantial
compliance with the terms of this Agreement.
7.3 Time Period Computations. All periods of time referred to in this
Agreement shall include all Saturdays, Sundays and California state or national
holidays unless the reference is to business days, in which event such weekends and
holidays shall be excluded in the computation of time and provide that if the last date
to perform any act or give any notice with respect to this Agreement shall fall on a
Saturday, Sunday or California state or national holiday, such act or notice shall be
deemed to have been timely performed or given on the next succeeding day which is
not a Saturday, Sunday or California state or national holiday.
7.4 Interpretation; Governing Law. This Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. This
Agreement shall be construed in accordance with the laws of the State of California in
effect at the time of the execution of this Agreement. Titles and captions are for
convenience only and shall not constitute a portion of this Agreement. As used in this
Agreement, masculine, feminine or neuter gender and the singular or plural number
shall each be deemed to include the others wherever and whenever the context so
dictates.
7.5 No Waiver. No delay or omission by either party hereto in exercising
any right or power accruing upon the compliance or failure of performance by the
other party hereto under the provisions of this Agreement shall impair any such right
or power or be construed to be a waiver thereof. A waiver by either party hereto of a
breach of any of the covenants, conditions or agreements hereof to be performed by
xW
the other party shall not be construed as a waiver of any succeeding breach of the
same or other covenants, agreements, restrictions or conditions hereof.
7.6 Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party
hereto.
7.7 Severability. If any term, provision, condition or covenant of this
Agreement or the application thereof to any party or circumstances shall, to any
extent, be held invalid or unenforceable, the remainder of this instrument, or the
application of such term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
7.8 Merger of Prior Agreements and Understandings. This Agreement, and
other documents incorporated herein by reference contain the entire understanding
between the parties relating to the transaction contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements, oral
or written, are merged herein and shall be of no further force or effect.
7.9 Notices. Any notice which either party may desire to give to the other
party must be in writing and shall be effective (i) when personally delivered by the
other party or messenger or courier thereof; (ii)three (3) business days after deposit
in the United States Mail, registered or certified; or (iii) twenty-four (24) hours after
deposit before the daily deadline time with a reputable overnight courier or service; in
each case postage fully prepaid and addressed to the respective parties as set forth
below or to such other address and to such other persons as the parties may
hereafter designate by written notice to the other parties hereto:
To Agency: Community Redevelopment Agency of the
City of Palm Springs
3200 last Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Executive Director
Copy to: Woodruff, Spradlin & Smart
555 Anton Boulevard
Costa Mesa, California 92626
Attn: Douglas C. Rolland, Esq.
To City: City of Palm Springs,
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Either party may from time to time, by written notice to the others, designate a
different address which shall be substituted for the one(s) above specified, and/or
specify additional parties to be notified.
n �
7.10 Attorneys' Fees. In the event of litigation between the parties arising
out of this Agreement, the prevailing party shall be entitled to recover its reasonable
attorneys"fees and other costs and expenses incurred in addition to whatever other
relief to which it may be entitled.
7.11 Execution in Counterpart. This Agreement and any modifications,
amendments or supplements thereto may be executed in several counterparts, and
all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original or the same
counterpart.
7.12 Due Execution. The person(s) 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 deliverthis 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.
.- i5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
Purchase and Sale of Property as of the date set forth above.
"Agency"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS,
a public body, corporate and politic
By:
Executive Director
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Agency Counsel
"CITY OF PALM SPRINGS"
David H. Ready, City Manager
ATTEST:
City Clerk
.4 �
EXHIBIT "A"
LEGAL DESCRIPTION OF AGENCY PROPERTY
The Land is that certain real property located in the City of Palm
Springs, County of Riverside, State of California, more particularly described
as follows:
1. Lot 4 Map Book 020/086 Vista Del Cielo. (3845 E. Ramon Road)
2_ Lot 63 Map Book 0391058 Palm Springs Gateway Estates 1. (Desert
Highland)
EXHIBIT "A"
TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY
EXHIBIT "B"
GRANT DEED
Y1
GRANT DEED
FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO-
City Clerk, City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263-2743
Order No.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and politic, hereby grants to THE CITY OF
PALM SPRINGS, a municipal corporation, the real property in the City of Palm
Springs, County of Riverside, State of California, described in Exhibit "1" attached
hereto and incorporated herein, by reference subject to the existing easements,
restrictions and covenants of record thereon, and subject to the terms of the
Agreement for the Purchase and Sale of Real Property executed concurrently
herewith.
"Agency"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS Agency OF PALM SPRINGS, a
public body, corporate and politic
By:
Executive Director
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Agency Counsel
629/019064-0001/3204104.1 a02/26/00
L�
EXHIBIT "I"
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION OF AGENCY PROPERTY
The Land is that certain real property located in the City of Palm
Springs, County of Riverside, State of California, more particularly described
as follows:
3. Lot 4 Map Book 020/086 Vista Del Cielo. (3845 E. Ramon Road)
4. Lot 63 Map Book 039/058 Palm Springs Gateway Estates 1. (Desert
Highland)
2 t
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SUMMARY REPORT!
SALE OF A 0.21 ACRE PARCEL AND A 0.2159 ACRE PARCEL FROM
THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
TO
THE CITY OF PALM SPRINGS
MARCH 2O09
r e7
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INTRODUCTION
Before real property acquired by a Community Redevelopment Agency with tax
increment proceeds may be sold or leased,the transaction must be approved bythe
Agency Board in accordance with California Health and Safety Code Section 33433.
This Section requires a "Summary Report", which describes and specifies certain
information in regard to the proposed transaction, be available for public inspection.
DESCRIPTION OF THE PROPOSED AGREEMENT
Site and Interests to be Conveyed
The Site consists of two parcels of land of approximately 0.21 acres (9,150 square
feet) and 0.2159 acres (9,404 square feet). The first Site is located on the south
side of Ramon Road near Avenida Evelita and the second is located at the
Northeast Corner of Jiminez Circle and Rosa Parks Boulevard. The purpose of this
sale is to enable the Agency to comply with California Redevelopment Law, which
prohibits agencies from holding land purchased for low- or moderate-income
housing for longer than five years.
The first parcel was purchased by the Agency on November 13, 1992 for the
purpose of settlement of litigation and the second property was acquired by the
Agency on September 1, 1990 after the previous structure on it, a single family
home, had been demolished.
Proposed Development
The City does not have a proposed use for either parcel but can own property
without the limitation of Section 33334.16.
Financing
The City will make a Promissory Note to the Agency for the transaction.
Agency Responsibilities
The Agency will bear no additional responsibilities for the parcel once the sale is
completed.
COST OF AGREEMENT TO THE AGENCY
The Agency will receive $49,950 for the two parcels. Once the Promissory Note is
paid off, the funds will be deposited in the Low- and Moderate Income Housing
Fund for use in the development of affordable housing. There is no other cast to
the Agency.
24
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE SALE OF A 9,150 SQUARE FOOT
PARCEL, APN 680-041-004, TO THE CITY OF PALM
SPRINGS FOR $27,450 AND A 9,404 SQUARE FOOT
PARCEL, APN 669-353-001, TO THE CITY OF PALM
SPRINGS FOR $22,500.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 021 acres, which it acquired in
November, 1992 as part of the City of Palm Springs' settlement of litigation
related to AD 157; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.2159 acres, which it acquired for
the purpose of affordable housing; and
WHEREAS Section 33334.16 of California Redevelopment Law (Health &
Safety Code Section 33334.16)declares that"the agency shall,within five years
from the date it first acquires the property interest for the development of
housing affordable to persons and families of low and moderate income, initiate
activities consistent with the development of the property for that purpose'; and
WHEREAS the Agency originally acquired the parcels in 1992 and 1990,
respectively, for such purposes, and as such has held the land for longer than
the five year limit; and
WHEREAS selling the parcels from the Agency to the City of Palm Springs
would help the Agency comply with Section 33334.16.
NOW THEREFORE BE the Community Redevelopment Agency of the City of
Palm Springs resolves:
1. A Grant Deed conveying the 9,150 square foot parcel, APN 680-041
004, from Agency to the City of Palm Springs in a form approved by Agency
Counsel is hereby approved.
2. A Grant Deed conveying the 9,404 square foot parcel, APN 669-353-
001, from Agency to the City of Palm Springs in a form approved by Agency
Counsel is hereby approved.
3. Purchase and Sale of Real Property Agreement between City and
Agency is hereby approved.
7�
4. Authorize and direct Executive Director or his designee to complete
and execute the promissory note and other such documents as may be
reasonably necessary or prudent to complete this transaction.
ADOPTED this day of 2009.
Executive Director
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Agency Secretary to the Agency Board of Directors of
the Community Redevelopment Agency of the City of Palm Springs, hereby
certifies that Resolution No. is a full, true and correct copy, and was duly
adopted at a regular meeting of the Agency Board on 2009, by
the following vote:
AYES:
NOES:
ABSENT:
James Thompson, Agency Secretary
26
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
PURCHASE. OF A 9,150 SQUARE FOOT PARCEL,APN 680-
041-004, FROM THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS FOR $27,450
AND A 9,404 SQUARE FOOT PARCEL, APN 669-353-001,
TO THE CITY OF PALM SPRINGS FOR $22,500.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.21 acres, which it acquired in
November, 1992 as part of the City of Palm Springs' settlement of litigation
related to AD 157; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
does own a parcel of land of approximately 0.2159 acres, which it acquired for
the purpose of affordable housing; and
WHEREAS the Agency desires to sell both parcels to the City in orderto comply
with Section 33334.16 of California Redevelopment Law(Health &Safety Code
Section 33334.16); and
WHEREAS the City purchasing the parcels from the Agency would help the
Agency comply with Section 33334.16.
NOW THEREFORE the City Council of the City of Palm Springs resolves:
1. The City of Palm Springs agrees to purchase and accepts a Grant
Deed conveying the 9,150 square foot parcel,APN 680-041-004,from Agency in
a form approved by the City Attorney.
2. The City of Palm Springs agrees to purchase and accepts a Grant
Deed conveying the 9,404 square foot parcel,APN 669-353-001,from Agency in
a form approved by the City Attorney.
27
3. Approve Purchase and Sale of Real Property Agreement between City
and Agency.
4. Authorize and direct City Manager or his designee to complete and
execute the promissory note and other such documents as may be reasonably
necessary or prudent to complete this transaction.
ADOPTED this day of 2009.
City Manager
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certifies
that Resolution No. is a full, true and correct copy, and was duly adopted
at a regular meeting of the City Council on 2009, by the following
vote:
AYES:
NOES:
ABSENT:
James Thompson, City Clerk
28
NOTICE OF JOINT PUBLIC HEARING
CITY OF PALM SPRINGS CITY COUNCIL
CITY OF PALM SPRINGS COMMUNITY REDEVEVELOPMENT AGENCY
SALE OF 2 AGENCY OWNED PARCELS TO CITY
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency of the
City of Palm Springs and the City of Palm Springs will hold a Public Hearing
beginning at 6:00 p.m., Wednesday, March 25, 2009 in the Council Chamber at City
Hall, 3200 East Tahqultz Canyon Way, Palm Springs.
The purpose of this hearing is to consider the sale of a 9,150 Square Foot (0.21
acre) parcel located on the south side of Ramon Road near Avenida Evelita, Palm
Springs 92264 and a 9,404 Square Foot (0.2159 acre) parcel at the northeast
Corner of Jiminez Circle and Rosa Parks Blvd, Palm Springs 92262 from the
Community Redevelopment Agency to the City of Palm Springs.
The purpose of this sale is to enable the Agency to comply with Section 33334.16 of
California Redevelopment Law, which prohibits agencies from holding land
purchased for low- or moderate-income housing for longer than five years.
The first parcel was purchased by the Agency on November 13, 1992- In 1996, the
Agency demolished the existing four units on the property. The second property
was acquired by the Agency on September 1, 1990 after the previous structure on
it, a single family home, had been demolished.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting
documents regarding this project are available for public review at City Hall between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the
Office of the City Clerk at (760) 323-8204 if you would like to schedule an
appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made
verbally at the Public Hearing and/or in writing before the hearing_ Written
comments may be made by letter(for mail or hand delivery) to:
James Thompson, City Clerk
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those
issues raised at the public hearing described in this notice, or in written
correspondence delivered to the City Clerk at, or prior to, the public hearing.
(Government Code Section 65009[b][2])_ An opportunity will be given at said
hearing for all interested persons to be heard. Questions regarding this case may
be directed to Diana Shay, Redevelopment Coordinator with the Community and
Economic Development Department at (760) 323-8260.
L�
Si necesita ayuda con esta carta, por favor (lame a la Ciudad de Palm Springs y
puede hablar con Nadine Fieger telefono (760) 323-8245.
James Thompson, City Clerk
PUBLISHED: March 11 and March 18, 2009
ty
PROMISSORY NOTE
2 Vacant Parcels
$49,950.00 Palm Springs, California
March 2009
FOR VALUE RECEIVED, the CITY OF PALM SPRINGS, a public body, corporate and politic
("Obligor") promises to pay to the REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and politic ("Holder"), the principal sum of FORTY NINE
THOUSAND NINE HUNDRED FIFTY (U.S. S49,950.00) in legal currency of the United States, on the
tenors described in this Note. The entire unpaid principal shall be fully and iimnediately payable upon
demand of Holder.
This note is made with reference to the sale of 1) 9,150 square foot parcel at south side of Ramon Road
near Avenida Evelita (APN 680-041-004) and 2) 9,404 square foot parcel at northeast comer of Jirninez
Circle and Rosa Parks Blvd. (APN 669-353-001). Interest shall not be assessed or accrued on the
principal or any unpaid portion thereof
This Note is entered into and shall be governed by the laws of the State of California, without reference
to principles of conflicts or choice of law. Obligor consents to jurisdiction in any state or federal court
situated in the County of Riverside, State of California, on any action based on or arising out of this
Note.
Any person or entity who takes over the any duties and obligations under this Note, is also liable for the
satisfaction of all such duties and obligations. Holder may enforce its rights under this Note against
each such person or entity individually or against all such persons or entities together.
Each Obligor for itself and each of its respective representatives, successors and assigns, expressly
waives presentment, demand, protest, notice of dishonor, notice of non-payment, notice of maturity,
notice of protest, diligence in collection and any exemptions under applicable insolvency laws.
No delay or failure by Holder in the exercise of any rights or remedy provided for hereunder shall be
deemed a waiver of any other right or remedy which Holder otherwise may have under or by reason
hereof. No waiver of any payment or performance due under this Note shall operate as a waiver of any
other payment or performance.
"OBLIGOR" _.T "HOLDER"
City of Palm Springs, a public body, corporate Community Redevelopment Agency of the
and politic. City of Palm Springs, a public body, corporate
and politic.
By: Steve Pougnet By: David Ready
Its: Ma or Its: Executive Director
554604.2
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(a
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
Date: March 25, 2009
Subject: SALE/PURCHASE OF REAL PROPERTY
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached public hearing notice was published in the Desert Sun on
March 7, 2009, and March 14, 2009.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of the attached Notice was posted at City Hall, 3200 E. Tahquitz Canyon Drive,
on the exterior legal notice posting board and in the Office of the City Clerk on March 6,
2009.
1 declare under penalty of perjury that the foregoing is true and correct.
Dolores Strickstein
Secretary
3 2 V
PROOF OF PUBLICATION This is space for Counry Cleiles Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
i am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen -------------------------------------
years,and not a party to or interested in the
above-entitled matter.I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been No o9o4 ---
adjudged a newspaper of general circulation by the Clio OF PALM JOINTSPRI PUBLIC S IY HEARING
NCIL
Superior Court of the County of Riverside,State Of COMMUNITYM
RED V LALM NT AG EN
California under the date of March 24,1988.Case
Number 191236;that the notice,of which the SALE OF TWO AGENCY OWNED
PARCELS TO CITY
annexed is a printed copy(set in type not smaller NOTICE IS HEREBY GIVEN than the CO,
than non pariel,has been published in each regular mumty Redevelopment Agency of the Clty Of Palm
and entire issue of said news 1 er and not in an Springs and the City of Palm 5ppdngs will hold a
P•P Y Public Hearing be hamg at 5401 p•m., wed
supplement thereof on the following dates,to wit! nestle ttyyMarch 111 2009 in the Council Cham-
PP g Palm Sp�rfn11 II,3206 Earl Tahquim Canyon Wsy,
March 7"', 14d',2009 The purpose Of this hearin,q is to con,idor the sslo
Of 9,1 0 Square Foot(0�21 Pen;)parcel localed
------ .......................—....^^,- on the south side of Rsmoh'Road near Avenida
Evolita,and a 0,404 Square Foot (02159 acre)
parcel at the northePst Corner of Jiminez Circle
-....--.--------------------.--.-- and Rosa Parks plvd from the Community Race-
Allvulopment Aponcy to the Oily of Palm Springs.
in the year 2009 REVIEW OF INFORMATION . Thu staff re-
pan and other supponinp document,are avail,ihle
for
1 certify(or declare)under penalty of perjury that the e:DBublic review a l City all bPtwven the hours of
Hea.m.and 5 00 m.,Monday throw�li Friday.
Please contact the Olheu of the CIryry Clerk at 76
Foregoing IS true end CorrCCl. 323d20a d you would like to schoduls an appom0-
1nent to review these documonfs
h __ _ p Dated at Palm Springy,California this----i7 , --day madeveUlllattheaPupicHeehn nollco in ba
ing bafom the hewriii,Written Commentsrm iy lie
of--------- March -- ,2009 made by loner(for miiil or hand delivery)to
James Thompson
_ Assistenr Agony Secmlary/City.Clerk
-- 3200 East Ta guit%Canyyon Way
Palm Spdnns,CA 92Z62
i_� �,,u- --� -- - -- -- --��r Any challengn of the proposed project in cool
Q --ia - may be li le to raisins only iho^p issues rai,Cd
Signs ere et the public hearing describad in this notion,or in
wnhun correspondence delivers to me City Clerk
r_,..•i" ul n i at, or prior lo, the ppublic hearing Government
h Coda Section 650og`o112])-An oppanunlry w11 be
{1}°� :'L C= gluon at said hesong for ell mtoresna porscns ro
z o heard qucsions re,ending thi also meyy be
�1 directed 10 one Snay,�adevetopmcnt Coorr�lna-
-Y - ;> ,tor at(700)323-32FD
Si neceslla ayyOda con cola
q atop,nor favor Ilamo
LLZb_ �'" NadineOFlori Ceeleflono(7rG0)323-ee3ge nobler con
JAMES TF�MPSCA
d A•//�•O� A.^•^rs(ant Agency Secretary/Cily Clerk
CV Publlgbcd�14109
I\
C
1
NOTICE OF JOINT PUBLIC HEARING
CITY OF PALM SPRINGS CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
SALE OF TWO AGENCY OWNED PARCELS TO CITY
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency of the City of
Palm Springs and the City of Palm Springs will hold a Public Hearing beginning at 6:00
p.m., Wednesday, March 25, 2009 in the Council Chamber at City Hall, 3200 East
Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider the sale of a 9,150 Square Foot (021 acre)
parcel located on the south side of Ramon Road near Avenida Evelita, and a 9,404
Square Foot (0.2159 acre) parcel at the northeast Corner of Jiminez Circle and Rosa
Parks Blvd., from the Community Redevelopment Agency to the City of Palm Springs.
REVIEW OF INFORMATION: The staff report and other supporting documents are
available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if
you would like to schedule an appointment to review these documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing
and/or in writing before the hearing. Written comments may be made by letter (for mail
or hand delivery) to:
James Thompson
Assistant Agency Secretary/City Clerk
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those
issues raised at the public hearing described in this notice, or in written correspondence
delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section
65009[b][2]). An opportunity will be given at said hearing for all interested persons to be
heard. Questions regarding this case may be directed to Diana Shay, Redevelopment
Coordinator at (760) 323-8260.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede
hablar con Nadine Fieger telefono (760) 323 8245.
J MES THOMPSON
Assistant Agency Secretary/City Clerk " -