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Home My WebLink About12/17/2003 - AGREEMENTS DOCUMENT TRACKING Page: 3 Report: Expired Documents Summary March 4, 2008 Condition: Oldest Date= 1 1, Groups=COMMUNITY& ECONOMIC,ALL Services,ALL XREFs Document* Description Approval,Date Expiration Date Closed Date A0471C Prairie Schooner Parking Lot Valet Parking License 12/17/2003 10/01/2004 Company Name: Agua Caliente Band Of Cahuilla Indians �� 1 c Address; 600 E Tahquitz Canyon Way, Palm Springs, CA 92262 ✓1 14 t Group; COMMUNITY& ECONOMIC Service: In File _-r xRef: COMMUNITY& CONOMIC DEVELOPMENT Ins. Status: Certificate and Policies are OK A0503C DDA for disposition of 14 aces of 38 acres for a shopping center 11/16/2005 07/01/2007 Company Name: Geiger, LLC 1; s Address: \ Group: COMMUNITY& ECONOMIC Service: In File xRef: COMMUNITY& ECONOMIC Ins. Status: No Certificate on file. A0516C Ananlysis of Condo hotel and Westin&Hard Rock projects 12/22/2004 06/01/2006-- - ti � Company Name: Keyser Marston Associates i� 1S Address: 55 Pacific Avenue Mall, San Francisco, CA 94111 Group: COMMUNITY& ECONOMIC Service: In File xRef: JOHN RAYMOND 760 322-8321 ! �� Ins. Status: Certificate and Policies are OK \ `� Gr V aJP 4�1�C�T E;�C�IVE� sEP 27 zoos a� AD''I`l1G RESOLUTION NO. 26-03 �CHHUIGGP� TRIBAL COUNCIL CFARMAa, eKrwco nMIMOQ a WHEREAS, the Ague Caliente Band of Cahuilla Indians (the "Tribe") is a federally- MCE-CAR n SPMM ConzAUVQNr recognized Indian Tribe governing itself according to a Constitution and By-Laws maerPRympAma mORNMo J worn and exercising sovereign authority over the lands of the Agua Caliente Indian MEmaoL JEMNERTEPR000000 mamom. wacimn 9M Reservation; and WHEREAS, even though the Tribe has no legal obligation to do so, the Tribe wishes to assist and support the efforts of the City of Palm Springs to promote tourism and tourist- related facilities in general on the Agua Caliente Indian Reservation, regarding the Spa Resort and Casino in particular; and WHEREAS, the funds which the Tribe wishes to devote to such support of tourism will be derived from the operations of the Spa Resort; and WHEREAS, in order to provide additional convenient parking, including valet parking, for the Spa Resort & Casino, the Tribe has approached the City of Palm Springs and has tentatively agreed on advantageous terms for the Tribe's use of the parcel of land owned by the Palm Springs Redevelopment Agency known as the Prairie Schooner parcels, consisting of approximately 5.7 usable acres, subject to the approval of the Tribal Council; NOW THEREFORE BE IT RESOLVED by the Tribal Council of the Ague Caliente Band of Cahuilla Indians that: 1. Subject to the conditions described below, for a period of twenty years, beginning on July 1, 2003 and ending on June 30, 2023, the Tribe will make a voluntary annual contribution of $700,000.00, to be paid monthly, to the City of Palm Springs for the sole and express purpose of promoting tourism and tourist-related facilities in general within the City of Palm Springs, and the Spa Resort and Casino in particular as a destination; and 2. The above voluntary contribution will be subject to the following conditions: a. The City of Palm Springs must provide advance written assurance that all funds so provided to it will be used only for the purposes described above, and will permit representatives of the Tribe to verify that the said funds are in fact so expended; such verification need not be by formal audit, but may be by informal means satisfactory to the Tribe; b. Luring the first halves of the years 2009, 2014 and 2019 representatives of the Tribe and the City of Palm Springs will meet in person to discuss any modifications to the amount so contributed by the Tribe; and • y Page No: 2 Resolution No: 26-03 3. Subject to the approval of appropriate documents for this purpose by the Tribal Council, the Tribe will lease the Prairie Schooner -parcels from the Palm Springs Redevelopment Agency for a nominal amount per year for a term of 20 years. During the period of this lease either the City of Palm Springs or the Palm Springs Redevelopment Agency will pay to the Tribe the Tribe's actual costs of construction and other improvements needed to use the Prairie Schooner parcels for parking. These costs are estimated to be $2,000,000, to be amortized by payments of approximately $200,000 per year for each of the first 10 years of the term of this lease. Such lease, and any other needed entitlements from either the City of Palm Springs or the Palm springs Redevelopment Agency, will call for a level of landscaping for the Prairie Schooner parcels which is not so extensive or intensive as called for by the City's ordinances, but which instead concentrates on the exterior perimeter of the Prairie Schooner parcels rather than their interiors, and still produces a satisfactory, landscaping effect, while also allowing for approximately 600 parking spaces. 4. Except for 200 of the above 600 spaces which will be reserved for the exclusive use of parking for the Spa Resort and Casino, the remaining approximately 400 parking spaces to be located on the Prairie Schooner parcels will be open for the use of the general public. 5. All improvements so constructed on the Prairie Schooner parcels will remain on the leased property at the end of the lease term. However, the lease will also provide that the Tribe will have a right of first refusal for the sale or lease of the Prairie Schooner parcels at the expiration of the lease term. Dated: June 24, 2003 aichard ."WilanoviG2hNQbalChairma� CERTIFICATION I, the undersigned, the Secretary of the Ague Caliente Band of Cahuilia Indians, hereby certify that the Tribal Council is composed of five members of whom 3, constituting a quorum, were present at a meeting whereof, duly called, and noticed, convened and held this 24th day of June, 2003; that the foregoing resolution was duly adopted at such meeting by a vote with an affirmative roll call vote of 3-0-0 members and that said resolution has not been rescinded or amended in any way. �A Moraino J. Paten cio�/Secretary-Treasurer i� AGUA CALIENTE BAND Of CAMILLA INDIANS 6EO EAST TN,TOIJITZ CANYON WwY PALM 619iINGS, CA 92262 rDAV 15OAG4ACALI CNTE.NET L DIRECT 7EOi983/1322 X TEL 760/326i3400 1 FAX 760/833/I 932 p THOMAS J. DAVIS, I CONFIDENTIAL SUMMARY TO THE CITY MANAGER, PALM SPRINGS - 8/1106 OBLIGATIONS TO CITY OF PALM SPRINGS OBLIGATIONS TO CITY OF RANCHO MIRAGE AND RIVERSIDE CO.* SRC 2003 Mitigation Measures: ACC 2006 Mitigation Measures: Public Arts Fee $77,470-00 Traffic Mitigation Measure T3 S93,730.00 Sewer inspection $46.00 Median Island Improvement $320,000.00 Sewer Agreement $49,941.94 Regional Traffic Impact $326,500.00 Sewer Connection Fee $122,816.00 Fair Share Traffic Signal Installation _ $127,228_.00 Drainage Fee $66,333.60 $867,45S.00 In lieu TUMF $281,645.00 $598,251.54 2006 Amended DDA: $2,550,000,00 Voluntary Tourism Contribution (in lieu TOT): County of Riverside In-Lieu TOT: $13,711,152.00 20yr @ 700,000.00 per year (10% of Hotel room sales through 2020)" City of Palm Springs(62%) $8,680,000.00 Palm Springs Redevelopment Agency(38%) _ $5,320,000.00 $14,000,000,00 " iry Prairie Schooner Parking Lot(cost) $2,572,253,54 -- - Repayment by City 10 yr @ 220,000.00 per year ($2,200,000,00) { {� $372,253.54 TOTAL: $17,520,505.08 $14,578,610.00 `Committed to date,MOU with City is still being negotiated "Estimated at$200.00/night at 70%occupancy and 40%comped for 344 rooms Qula Agua Caliente Cahuilla Indiar Valet Parking License Amend 1 Agreement #471 C R1257, 6-16-04 AMENDMENT NO. 1 TO VALET PARKING LICENSE AGREEMENT FOR OVERFLOW PARKING THIS AMENDMENT NO. 1 TO A VALET PARKING LICENSE AGREEMENT FOR OVERFLOW PARKING (the "Valet Parking License") is made and entered into as of un �6 , 2004 by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic (the "Agency") and the Agua Caliente Band of Cahuilla Indians (the "Tribe"), "), and is intended to amend the Valet Parking License to extend the term by an additional four months, to October 31, 2004. RECITALS A. Agency is the Owner in fee simple of the real property commonly known as the Prairie Schooner Parcel located in the City of Palm Springs, County of Riverside, bearing APN Numbers 508-055-008, 508-055-009, and 508-055-007, and is legally described in Exhibit "A" attached and made a part hereof. Said property is hereafter referred to as the "Agency Parcel". Pursuant to this Valet Parking License, and subject to the terms and conditions set forth herein, the Agency is granting to the Tribe a license to enter upon and utilize a portion of the Agency's Parcel pursuant to the conditions set forth herein for the purpose of facilitating overflow valet parking to avoid excessive vehicular parking on City streets. B. As consideration for the use of the Agency's Parcel pursuant to this Valet Parking License, Tribe has agreed to pay a License Fee equivalent to a fair market lease of the licensed property, with extra payment for additional usage for the temporary use of Agency's Parcel. NOW, THEREFORE, based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the parties hereto agree as follows: Section 2.2. Tribe and Agency agree that Section 2.2 of the Valet Parking License shall be amended as follows: 2.2 Term of License. The license granted to the Tribe pursuant to Section 2.1 above shall commence on December 17, 2003 and terminate on October 31, 2004. The Valet Parking License may also be extended for an additional sixty (60) ' days if a Disposition and Development Agreement for long-term use of the property has been drafted but not yet approved by one or both parties. [SIGNATURE PAGE FOLLOWS:] �r Revised Valet Pahang License Agreement 6/23/2004 "TRIBE" Bya — I Name: By: � A Name: Agua Caliente Band of Cahuilla Indians i1 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Executive Director By: Its: ,�,Tf YPARMAliy ATTEST: Assistant Secretary APPROVED AS TO FORM: lY Agencyl,Cou sel Revised Valet Parking License Agreement 6/23/2004 EXHIBIT "A" AGENCY PARCEL LEGAL DESCRIPTION For the period of the Valet Parking License, the Tribe shall have the non-exclusive use of 200 parking spaces in the parking lot on the parcel shown below. Assessor's Parcel Numbers 508-055-007, 508-055-008, and 508-055-009 on Assessor's Map Book 508 Page 05, Riverside County, California as shown below: Mow T5 La / ,r 1 I I I ,.,�• f•s* @P� S ► ; S NIt isi 0r a/ rnNJ+�r w— a �� r �� r •rrr �l�Q• � r6S00 1 Rif �s I I , EX i EX I 7 m i. 411 CA 1q I F E i.►': 05= AC. �•; !.BOAC. i 1 4 Ar r •N• M• � j �VIMF• Z 9'X. III 1 so a Agua Caliente Cahuilla Indians Valet Parking License AGREEMENT #471C R1234, 12-17-03 VALET PARKING LICENSE AGREEMENT FOR OVERFLOW PARKING THIS VALET PARKING LICENSE AGREEMENT FOR OVERFLOW PARKING (the "Valet Parking License") is made and entered into as of Qh'r' EVIiL r �� , 2003 by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic (the "Agency") and the Agua Caliente Band of Cahuilla Indians (the "Tribe"), with reference to the following facts: A. Agency is the Owner in fee simple of the real property commonly known as the Prairie Schooner Parcel located in the City of Palm Springs, County of Riverside, bearing APN Numbers 508-055-008, 508-055-009, and 508-055-007, and is legally described in Exhibit "A" attached and made a part hereof. Said property is hereafter referred to as the "Agency Parcel". Pursuant to this Valet Parking License, and subject to the terms and conditions set forth herein, the Agency is granting to the Tribe a license to enter upon and utilize a portion of the Agency's Parcel pursuant to the conditions set forth herein for the purpose of facilitating overflow valet parking to avoid excessive vehicular parking on City streets. B. As consideration for the use of the Agency's Parcel pursuant to this Valet Parking License, Tribe has agreed to pay a License Fee equivalent to a fair market lease of the licensed property, with extra payment for additional usage for the temporary use of Agency's Parcel. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Consideration for License. In consideration of the granting of this license, the Tribe shall pay the Agency the amount of: 1.1 A base fee (the "Base Fee") of Five Thousand Two Hundred Dollars ($5,200.00) per month for usage up to 200 parking spaces during the periods of Thursday, Friday, and Saturday from 1 p.m. to 1 a.m. 1.2 For additional parking beyond said 200 spaces or outside of said hours, the Tribe may obtain the use of additional spaces at the rate of $2.17 per space per day (the "Extra Use Fee"). 2. Grant of License 2.1 Grant of License by Agency. Agency hereby grants to Tribe a license to enter upon the Agency's Parcel to utilize up to 200 parking spaces for overflow valet parking. Said license shall be nonexclusive and for the tribe's casino, hotel or other use of its facilities. Agency shall retain the right to enter the Agency's Parcel at any time. If a major event at the Palm Springs Convention Center requires the Agency to use Agency's property, Agency shall give the Tribe 3 days written notice prior to the event, and the Agency shall have the right to use the entire parking lot for that event. The Agency has the right to relocate the 200 spaces to different portions of the Agency's Parcel, upon 3 days prior written notice. The area for valet parking shall be separated from the remainder of the parking lot by temporary barriers. Revised Valet Parking License Agreement 1/22/2004 2.2 Term of License. The license granted to the Tribe pursuant to Section 2.1 above shall commence on December 17, 2003 and terminate on June 30, 2004. The Valet Parking License may also be extended for an additional sixty (60) days if a Disposition and Development Agreement for long-term use of the property has been drafted but not yet approved by one or both parties. 2.3 Revocable. Agency may terminate this Valet Parking License at its sole discretion at any time upon providing sixty(60) days written notice to Tribe. 2.4 Condition of Agency's Parcel. Tribe shall keep any portion of Agency Parcel which is subject to this License, and all improvements thereon, in good condition and repair. In the event the Agency discovers trash or debris, or any nuisance or any damage to any improvements thereon within the parking area or approved aisles subject to this Valet Parking License, or elsewhere on Agency's parcel not caused by Tribe or its use of the License area, Agency shall give notice to Tribe of such nuisance or damage and Tribe shall promptly correct same. 3. Indemnity and Insurance. Each Party severally agrees to defend and hold the other Party harmless from all claims, damages, and liabilities including reasonable attorneys' fees and costs of suit, resulting from any actual or alleged accident, injury, loss or damage whatsoever occasioned to any Person or to the property of any Person as shall occur on the Agency Parcel of, or by reason of any act or omission of, such indemnifying Party except to the extent caused by the indemnitee Party. Tribe shall secure insurance and indemnification from all contractors providing work on or using the Agency's Parcel in accordance with the City's standard requirements and as approved by the City Risk Manager. In addition, in the event of any challenge to the validity of this Valet Parking License, all legal costs and attorney fees for such defense shall be borne by Tribe. 4. Notices. Any notice to be given under this Valet Parking License shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following address: Agency: The Community Redevelopment Agency of the City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Attn: Assistant Secretary With Copy to: Aleshire &Wynder, LLP 18881 Von Karman Ave, Suite 400 Irvine, CA 92612 Attn: David J. Aleshire, Esq. Tribe: Agua Caliente Band of Cahuilla Indians 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 With Copy to: Law Offices of Art Bunce 430 North Cedar Street, Suite H Escondido, CA 92025 Attn: Art Bunce, Esq. Revised Valet Parking License Agreement -2- 1/22/2004 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 5. General Provisions. 5.1 California Law. This Valet Parking License shall be interpreted, enforced and governed by and under the laws of the State of California and applicable Federal laws. 5.2 Transfers. Nothing contained in this Valet Parking License does, or shall be construed to, limit in any way the right and ability of the Parties to transfer, sell or encumber their respective properties. 5.3 Miscellaneous. This Valet Parking License may be modified only by a written agreement signed by the parties hereto. If any action or proceeding is commenced by any Party to enforce the terms of this Valet Parking License, the prevailing Party shall be entitled to recover from the other Party to this agreement reasonable attorneys' fees and costs in addition to any other relief awarded by the court. Time is of the essence of this Valet Parking License. The Parties' respective rights and remedies under this Valet Parking License are cumulative with and in addition to all other legal and equitable rights and remedies which the Parties may have under applicable law. 5.4 Sovereign Immunity Waiver. Except as stated herein, the Tribe does not waive, limit, or alter its tribal sovereign immunity from unconsented suit or other proceedings. The Tribe hereby does waive its tribal sovereign immunity from unconsented suit by only the Owner, and by no other party whatsoever, if the Owner seeks, in a court of competent jurisdiction located in Riverside County, California, (1) injunctive relief to compel the Tribe to comply with the specific duties to the Owner which the Tribe has expressly undertaken in this Agreement, or (2) monetary damages for breach of the specific payment obligations undertaken by the Tribe toward the Owner in this Agreement, with such relief limited to the amounts which the Tribe has expressly promised to pay to the Owner in this Agreement. As a pre-condition to any such suit, the Owner must first attempt an informal resolution of any such dispute regarding the Tribe's performance of its express obligations under this Agreement by(1) presenting to the Tribe, in the manner specified regarding notices herein, a simple and concise written statement of the specific obligations of the Tribe under this Agreement that the Owner believes that Tribe has not fulfilled, and (2) meeting in person with authorized representatives of the Tribe within thirty days of the Tribe's receipt of such notice to discuss the Owner's claim. This meeting will be excused if the Tribe does not make its representatives reasonably available during such 30-day period after receipt of such a notice of an in-person meeting. [SIGNATURE PAGE FOLLOWS:] Revised Valet Parking License Agreement -3 1/22/2004 "TRIBE" By] xj - Name: E.Acb?.�nrtl tom , V�aal�;�� l, vr.lr :��url��R By: Name: Agua Caliente Band of Cahuilla Indians 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic 3200 E. Tahquitz Canyon Way �- Palm Springs, CA 92262 Attn: Executive Director y7--n �° � Its: I (JU IPA r �ti�� ATTEST: Assistant Secretary APPROVED AS TO FORM: Agency dstwfsel Revised Valet Parking License Agreement -4_ 1/22/2004 EXHIBIT "A" AGENCY PARCEL LEGAL DESCRIPTION For the period of the Valet Parking License, the Tribe shall have the non-exclusive use of 200 parking spaces in the parking lot on the parcel shown below. IRV#25612 V2 C-1 EXHIBIT t°A" OWNER PARCEL-LEGAL DESCRIPTION Assessor's Parcel Numbers 508-055-007, 508-055-008, and 508-055-009 on Assessor's Map Book 508 Page 05, Riverside County, California:as shown below: i IA5 . . ear► , tc isr�ri .+�r j rx�r a, ►sSoa R is 9V �� I Act 4 41�4!4 141 �t 1.45r 4c. 1 4 Ar I M "N