HomeMy WebLinkAbout00896 - DESERT HOSPITAL AUTHORITY EL MIRADOR 1150 N INDIAN LOAN r
Desert Hosp Dist. , Desert Hosp.
AGREEMENT Auth & City re loan
AGREEMENT #896 (Orig 12-13-72)
Res #10532, 12-13-72
THIS AGREEZIENT, dated December 13 , 1972 , by and
between the Desert lospital District., a body corporate and
politic of. the State of California '(hereinafter called. the
"District") , the City of Palm Springs, a municipal corpora-
tion of the State of California (hereinafter called "City") ,
and the Desert Hospital Authority, a public entity and agency
(hereinafter called the "Authority" ) , duly organized and
existing pursuant to an agreement entitled "Joint Exercise of
Powers Agreement Between the City of Palm Springs and the
Desert Hospital District Creating the Desert Hospital Authority, "
dated December 19 , 1966 , as amended (hereinafter called "Joint
Powers Agreement" ) ;
WHEREAS , the Third Amendments to the Joint Powers
Agreement dated October 13 , 1972 , amends Section 4 0£ the
Joint Powers Agreement so that the Authority has the power
to issue not to exceed a total of $6, 500 , 000 of bonds for the
purpose of the acquisition and development of real property
contiguous to the present hospital site owned by the Desert
Hospital District and bounded by the center lines of Tachevah
on the South, Indian Avenue on the West, and Pasco E1 Mirador
on the North (hereinafter referred to as "Site") ; and
WHEREAS, Authority presently has the right under an
accepted offer to purchase that certain real property with
improvements thereon known as the El Mirador Hotel- located at
1150 North Indian Avenue, Palm Springs, California, together
with pertinent real and personal property and certain other
described property (hereinafter referred to as "El Mirador
Property") ; and
WHEREAS , ini-c:, i_m financing is necessary to provide
the purchase price of $4 , 000 , 000 for the El Mirador Property
t
according to the terms of the accepted offer to purchase in the
bankruptcy court; and
WHEREAS, District proposes to borrow $4 , 00-0, 000
pursuant to a note issued pursuant to Article 7. 6, Chapter 4 ,
Part 1, Division 2, Title 5 of' -the- Government Code of the
State of California (Sections 53850, et seq. ) from the Crocker
National Bank;
NOW, THEREFORE, in consideration of the mutual
Promises and agreements herein contained, the parties hereto
agree as follows:
Section 1. Pursuant to Section 12 of the Joint Powers
Agreement and Section 6504 (c) of the Government Code, District
agrees to advance $4 , 000 , 000 to Authority to enable Authority
to acquire fee title to the E1 Mirador Properties . The E1
Mirador Properties are described in Exhibit A attached hereto. .
Such advance shall be made to Authority as soon as the District
has consummated the borrowing from Crocker National Dank
referred to in the recitals hereof.
Section 2. Authority agrees to .issue additional
bonds pursuant to the Third Amendments to the Joint Powers
Agreement referred to above for the purpose of acquiring the
El Mirador Properties and leasing said properties to the
District in accordance with the provisions of the Joint
Powers Agreement. The Authority shall use its best efforts
to consummate the sale of sufficient additional bonds so that
the proceeds of the sale thereof will be available -to repay
the District for its advance hereunder together with interest
thereon in sufficient time to enable the District to satisfy
its loan to the Crocker National. Bank according to the terms
of the note referred to in the recitals hcrec . The liability
of Authoritv and the members of its Governing Board shall be
limited to the proceeds of the authorized bonds .
2.
Section 3. Authority shall repay the advance of
$4 , 000 , 000 with interest referred to in Section 1 hereof
to the District from the sale of its bonds in accordance
with the provisions of Section 2 hereof.
Section 4 . City and 'DisLrict agree to authorize
bonds by ordinance to carry out this Agreement pursuant to
Section 6547 of the Government Code.
Section 5. The parties agree that a high degree
of cooperation will be necessary to permit the issuance of
the bonds of Authority pursuant to the Joint Powers Agreement
in order to consummate the proposed transaction contained in
this Agreement. In order to effectuate the terms and intent
of this Agreement, the Secretary of the Authority , the Chief
Administrator of. the District and the City Manager of the
City are authorized to take any and all actions that are
necessary to carry out said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper_
officers thereunto duly authorized, and their official seals
to be hereto affixed as of the day and year first above written.
DESE,R-T HOSPIPAt�,DIST,RICT -
By
P-kesige'hk of said-_Diistric-t
ATTEST: '
ate=--�
Ass ' t, Sedretary of said District
- (SEAL)
DESERT HOSPITAL AUTHORITY
B
%� �
y
G� -% r
Chairman/
ATTEST: /
i V /.
SecretaOr�y ✓.__
_ i j'
(SEAL)
= 3_
CITY OF PALM SPRINGS
By
t4ayor. '..
_ ATTEST:
T7wC-City Clerk
-—
(SEAL)
I hereby approve the form and legality of the fore-
going Agreement this day of _7,, ��72 .
-77
F. 'Gilrar oyd,` A tornpy for the
District aid ex-officio attorney
for the Desert Hospital Authority
I hereby approve the form and legality of the fore-
going Agreement this day of -Peepy3F:. 1972.
City Attorney
City'o� almT Springs, California
APP1Wvr'!D -Dy THE CITY COUNCIL
Dy Res. 10532, 12-13-72,
4.
LEGAL DESCRIPTION
All that certain roal property located in the City of Palm Springs, County of
Riverside, State of California, described as follows:
:i
P.AGCE7, 7.: That portion of the Northwest quarter of Section 11, Township 4
South, Range 4 East, San Bernardino Base and Meridian, as shown by United States
Cuve ninc•nt Survey, described as follows:
(,19 r'r
kclI , � C01PLENCING at a point on the Westerly line of said Section, which bears South
0° 02' East, 1979.91 feet (formerly recorded 1979.51 feet), from the Section
corner common to Sections 2, 3, 10 and 11, said point being the Northwest
corner of the Southwest quarter of the Southwest quarter of the Northwest
quarter of said Section 11; thence Easterly 30 feet, to the Southwest corner of
JOILN MEL TRACT, as shown by Map on file in Book 13, Page 18 of Maps, Records of
Riverside County, California, for the true point of beginning; thence Easterly,
along the Southerly line of said JOHN MEL TRACT, and the Easterly extension
thereof, 742.77 feet (formerly recorded East, 743.4 feet), to an angle point
on the Westerly line of Lot 2 of the RESUBDIVISION OF PALM SPRINGS ESTATES NO- 4,
as shown by Map on file in Book 18, Page 52 of Maps, Records of Riverside County,
California; thence South 0° 02' East, 660.15 feet (formerly recorded 659.88 feet),
to a point on the South line of the Northwest quarter of said Section 11; thence
West, along the South line of the Northwest quarter of said Section 11, a distance
of 743.4 feet to a point 30 feet East of the West quarter corner of said Section;
thence North 0° 02' West 659.97 feet (formerly recorded 659.84 feet), to the true
point of beginning;
.EXCEPTING therefrom the Southerly 30 feet thereof lying within Tacheva Drive.
PARCFL 2: Lots 10 to 22, inclusive, the Southerly 165 feet of Lot "D", and
the portion of the Southerly 20 feet of Lot "B" which lies adjacent to the Northerly
lines of Lots 13 to 22„ inclusive, of JOHN MEL TRACT, as shown by Map on file in
Boole 13, Page 18 of Maps, Records of Riverside County, California;
EXCEPTING from Lots 13 to 22, inclusive, and Lot "D",'the North 10 feet, as
conveyed to the City of: Palm Springs, by Deed recorded May 18, 1953 in Book
1473, Page 41, Official. Records of Riverside County, California;
ALSO EXCEPTING from Lots 10, 11, and 12 that portion thereof lying Easterly of
the following described line: COMMENCING at the Southwest corner of Lot 12;
thence Easterly, along the Southerly line of said Lot 12, 68.11 feet, to the
point of beginning of the line to be described; thence North 00' 02' West 135.00
feet, to a .point on the North line of said Lot 10 and the terminus of the line
being described.
PARCrr, 3: Lot 2, as shown by Map of RESUBDIVISION OF PATS[ SPRINGS ESTATES
NO. 4, on file in Book 18, Page 52 of Maps, Records of Riverside County, California;
EXCEPTING therefrom that portion conveyed to Desert Hospital District, a corporation,
by Quitclaim Deed recorded May 24, 1950 in Book 1.176, Page 121, Official Records of
Riverside County, California, described as follows: BEGINNING at a point on the
Southerly line of said Lot 2, that bears North 89° 58' East, 112.28 feet from the
Southwest corner thereof; thence Northerly, parallel with the Easterly line of said
Lot 2, a distance of 765.12 feet to a point on the Northerly line thereof; thence
North 89° 59' East, along the Northerly line of said Lot 2, a distance of 365 feet
to a point of curve; thence along said curve, to the right, having a central angle
of 90' 01' , and a radius of 20 feet, an arc distance of 31.42 feet; thence South;,
along the Easterly line of said Lot 2, a distance of 725 feet to a point of curve;
thence along said curve, to the right, having a central angle of 39' 58' , and a
• radius of 20 feet, an are distance of 31,40 feet to the South line of said Lot 2;
thence South 890 58' West, along the Southerly line of said Lot 2, a distance of
365.01 feet to the point of bcginni.ns.
ALSO EXCEPTING therefrom the Southerly 30 feet thereof lying within Tacheva Drive;
ALSO EXCEPTING therefrom all oil., gas or other hydrocarbon substances, as reserved
in Deed recorded January 31, 1936 in Book 264, Page 486, Official Records of Riverside
County, California
Page One
Exhibit "A"
LEGAL DESCRIPTION
, (continued)
PARCET, 4: That portion of Lot 2, as shown by Map of RESUBDIVISION OF PALM
' SPRINGS ESTATES NO. 4, on file in Book 18, Page 52 of Maps, Records of Riverside
County, California, described as follows:
BEGINNING at a point on the South line of said Lot 2, which bears North 89' 58'
(;) East, 112,28 feet from the Southwest corner of said Lot 2; thence continuing
North 89° 58' East, along said South line, 20 feet; thence North, parallel with
the East line of said Lot, 765.12 feet to the North line of said Lot 2; thence
South 89' 59' West, along said North line, 20 feet; thence South, parallel with
the East line of said Lot 2, 765.12 feet to the point of beginning;
EXCE_LING therefrom the Southerly 30 feet thereof lying within Tacheva Drive.
PARCEL 5: That portion of Lots 10, 11, and 12 of JOBN PEEL TRACT, as shown
by Map on file in Book 13, Page 18 of Maps, Records of Riverside County, California,
lying Easterly of the following described line: CONvSu ENCING at the Southwest corner
of Lot 12 'of said JOFNi MEL TRACT; thence Easterly, along the Southerly line thereof,
63.11 feet, to the point of beginning of the line to be described; thence North
00' 02' West 135.00 feet, to a point on the North line of said Lot 10 and the
terminus of the line being described.
PARCEL 6: That portion of the Southeast quarter of the Northeast quarter
of Fractional Section 3, Township 4 South, Range 4 East, San Bernardino Base
and Meridian, as shown by United States Government Survey, described as follows:
COMMENCING at a point on the East line of the Southeast quarter of the Northeast
quarter of said Fractional Section which bears North 00' 13' East (formerly recorded
North 00' 20' East) 709.68 feet from'the East quarter corner of said Fractional
Section; thence North 89' 57' West (formerly recorded North 89° 56' West) 725.4$
feet, to a point on the center line of that certain 33-foot right of way of the
Palm Valley WaterlCompany, as shown on Licensed Land Surveyor's Map on file in
Book 10, Page 72 of Records of Survey, Records of Riverside County, California;
thence North 04' 01' West, along the center line of said right of way, 100 feet;
thence North .89° 57' East 16.54 feet, to a point on the Easterly line of said
right of way, for the true point of beginning; thence continuing North 89' 57'
East 75 feet; thence North 04' 01' West, parallel with the Easterly line of
said right of way, 125 feet; thence South 89' 57' West 75 feet, to a point on
the Easterly line of said right of way; thence South 04' 01' East, along the
Easterly line of said right of way, 125 feet, to the true point of beginning.
a
Page Two
Exhibit "A"
RESOLUTION NO. 17324
RESOLUTION OF THE CITY OF PALM SPRINGS
APPROVING THE TERMINATION OF THE JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE DESERT
HOSPITAL DISTRICT CREATING THE DESERT
HOSPITAL AUTHORITY
I '
WHEREAS, the City of Palm Springs (the "City") , a J
municipal corporation of the State of California, and the
Desert Hospital District (the "District") , a body, corporate
and politic of the state of California, in order to provide
for the development of certain health facilities in this City
of Palm Springs, entered into an agreement entitled "Joint
Exercise of Powers Agreement Between the City of Palm Springs
and the Desert Hospital District, " dated December 19, 1966,
as amended on a number of subsequent dates (the "Agreement") ;
WHEREAS, Section 2 of the Agreement provides that, if
all revenue bonds provided for and issued pursuant to the
Agreement shall have been paid in full, or adequate provision
for such payment shall have been made, then the Agreement may J
be rescinded or terminated by agreement of the City and the
District;
WHEREAS, the Desert Hospital Authority (the
i
"Authority") , the public entity created by the Agreement, has
previously issued its $3, 000, 000 Revenue Bonds, dated as of
June 1, 1967, its $4 , 000, 000 1973 Revenue Bonds and its
$15, 000, 000 1977 Lease Revenue Bonds (collectively, the
�J
I
Resolution No.024
"Bonds") , all as provided for and issued pursuant to the
Agreement;
WHEREAS, the District intends to provide for the
defeasance of the Bonds by depositing with the trustees for
ithe Bonds monies sufficient to pay the entire indebtedness of
the Bonds as they become due;
WHEREAS, at the termination of the Agreement, all
property of the Authority, both real and personal, shall
automatically vest in the District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Palm Springs as follows:
Section 1. The forms, terms and provisions of the
Termination Agreement dated November 8, 1990, by and between
the District and the City, be and they hereby are approved
and the Mayor is hereby authorized and empowered to execute
and the City Clerk is hereby authorized to attest and
deliver, the Termination Agreement, in substantially the form
presented to and considered at this meeting with such changes
as the City Attorney shall deem appropriate and in the best
interests of the City, as conclusively evidenced by execution
thereof.
-2-
• 0
Resolution No. 17324
Section 2 . The City Manager and the City Attorney are
hereby authorized and directed, jointly and severally, to do
any and all things, and to execute and deliver any and all
documents which they may deem necessary or advisable in order
to carry out, give effect to and comply with the terms and
intent of this resolution and the document referred to P
herein.
PASSED AND ADOPTED this 30th day of October, 1990.
AYES: Councilmembers Hodges, Plurawski , Neel and Mayor pro tem Broich
NOES: None
ABSENT: Mayor Bono
ATTEST: CITY OF PALM SPRIGNS, CALIFORNIA
.City Clerk ity Panager
7 i
Reviewed G Approved.
—3—
RESOLUTION NO.- 10532
OF THE CITY COUNCIL OF TILE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING LOAN BY THE DESERT HOSPITAL
DISTRICT TO THE DESERT HOSPITAL AUTHORITY.
WHEREAS the Desert Hospital Authority, by Third Amendments to the
Joint Powers Agreement dated October 13, 1972, has the power to issue
not to exceed a total of $6,500,000 of bonds for the purpose of
the acquisition and development of real property contiguous to the
present hospital site, bounded by the center lines of Tachevah,
Indian Avenue, Paseo El Mirador, and commonly referred to as the
E1 Mirador Hotel; and
WHEREAS the Authority presently has the right under an accepted
offer, to purchase said real property; with improvements thereon,
together with pertinent real and personal property and certain
other described property; and
WHEREAS interim financing is necessary to provide the purchase price
of $4,000,000 for said property, according to the terms of the
accepted offer to purchase; and
WHEREAS the Desert Hospital District proposes to borrow $4,000,000
to advance said sum to the Authority to enable the Authority to acquire
fee title to said property,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs, that the Mayor is hereby authorized to execute that certain
Agreement, a copy of which is attached hereto marked Exhibit "A".
ADOPTED this 13thday of December 1972.
AYES: Councilmen Garcia, Purcell, Schlecht and Mayor Wiefels
NOES: None
ABSENT: Councilman Foster
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F.D. ALESHIRE
City Clerk
By /s/ J. Sumich /s/ F. D. Aleshire
Deputy City Clerk City Manager
APPROVED: CONTENTS APPROVED:
C. y Attorney 1
D a t r �- Date /7--1 ,� 77
e �. -��'a'°-;E'.:,,