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HomeMy WebLinkAbout10/6/2004 - STAFF REPORTS (3) DATE: OCTOBER 6, 2004 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY& ECONOMIC DEVELOPMENT APPROVING A BROKERAGE AGREEMENT FOR AGENCY LAND SWAP WITH BUREAU OF INDIAN AFFAIRS, NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, AND EAST PALM CANYON DRIVE, WEST OF CHEROKEE ROAD RECOMMENDATION: It is recommended that the City Council approve an a Brokerage Agreement with Ernest G. Noia to facilitate the exchange of Agency-owned land with the Bureau of Indian Affairs, the northwest corner of Sunrise Way and Tahquitz Canyon Way for a parcel on East Palm Canyon Drive, through a fee-to-trust transfer and trust- to-fee transfer. SUMMARY: This agreement is to contract for services in the exchange of an Agency- owned parcel for an Indian parcel. The Agreement provides for 5% of the ultimate sales price of the current Indian parcel, or $135,000. However, $25,000 is to be paid up front with the balance to be paid at the final close of escrow. BACKGROUND: This Agreement is to assist the Agency in facilitating the above-mentioned land swap. The Agency's sole purpose in acquiring its Site was to exchange it for other real property which is necessary for a project being undertaken by the Agency. To allow Agency to undertake the contemplated Agency Project, the exchange is to be facilitated by the Bureau of Indian Affairs ("BIA") as a Fee-to- Trust transfer of the Site and a Trust-to-Fee transfer of the Exchange Parcel. Mr. Noia represents the Indian allottees in the transaction and has a long-standing relationship with the BIA, which helps in the transaction. The funds for the contract are in Merged Area#1. JON S. A Y M D Dir ct of Community& Economic Development APPROVED: Executive Director ATTACHMENTS: 1. Resolution 2. Agreement AGREEMENT TO PAY BROKER FEES This Agreement is made this day of October, 2004, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, hereinafter referred to as the "Agency" and NOIA INVESTMENTS, INC, a California Corporation, hereinafter referred to as "Broker'. WHEREAS, the Broker represents Millie Browne ("Allottee"), the Indian Landowner of a parcel of land located in Palm Springs immediately west of BMW of Palm Springs at 4095 East Palm Canyon Drive, consisting of approximately 7 acres('the Allotment')and described as a portion of Allotment PS-55C; and WHEREAS,Agency desires to exchange a parcel of land the Agency owns atthe northwest corner of Tahquitz Canyon Way and Sunrise Way for the Allotment owned by Allottee, and Allottee is willing to do so provided the Agency pay to the Broker the fees due resulting from the efforts of Broker in the negotiation, oversight and coordination between the various parties involved in the transaction; and NOW THEREFORE, In consideration of the mutual promises herein contained,the Agency agrees to pay the Broker the fees upon the following terms and conditions: 1. The total due under this Agreement is 5% of the appraised value of the Allotment as determined by the appraisal by Merrill Appraisal commissioned for the Bureau of Indian Affairs and dated March, 2004, One Hundred Thirty Eight Thousand Dollars($135,000), payable as follows: (a) A non-refundable deposit of$25,000 shall be due and payable by Agency no later than October 15, 2004. It is agreed by the parties that this portion of the fee has already been earned and is non-refundable. (b) The remaining balance$113,000 shall only be due upon the satisfactory completion of the exchange of the Agency parcel with the Allotment parcel. Completion shall be defined as when the Agency or nominee of the Agency obtains title to the Allotment in fee simple and the deed is recorded with the County Recorders office for Riverside County. 2. The Broker shall provide its assistance in coordinating the exchange of land between other Indian landowners required for the Agency-Browne exchange and assist in obtaining from the Bureau of Indian Affairs the approvals required to complete the exchange. 3. The Broker shall attend meetings and participate in telephone conferences where appropriate and when requested by Agency. 4. The Broker shall devote such time to the performance of his duties underthis agreement as is reasonable and necessary. 5. The Broker is an independent contractor and not an employee of Agency under this Agreement. ecrstcv.civsUncn 6. This Agreement supersedes ay and all other agreements either oral or in writing between the parties hereto with respect to the subject matter hereof. 7. In any action at law or in equity brought to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which they may be entitled. 8. The validity of this Agreement and of any of its terms or provisions as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. Executed at Palm Springs, California, on the date first written above. AGENCY: BROKER: Community Redevelopment Agency of Noia Investments, Inc. the City of Palm Springs By: Ernest G. Noia—V.P. Acrsrce.MSUAca 2 RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING A BROKERAGE AGREEMENT WITH ERNEST G. NOIA OF PALM SPRINGS, CALIFORNIA, IN THE AMOUNT OF$138,000 TO FACILITATE AN AGENCY LAND SWAP WITH THE BUREAU OF INDIAN AFFAIRS. BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a Brokerage Agreement with Ernest G. Noia of Palm Springs, California, in the amount of$138,000, to facilitate an Agency land swap with the Bureau of Indian Affairs, is approved;and, the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this day of , 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY By Assistant Secretary Chairman REVIEWED &APPROVED C ra6 .