Loading...
HomeMy WebLinkAbout00036C - TACKET TRUST PARKING LOT OPA o, Y'-" tcl.ul.11 LU. City Clerk, P.O. Box 1786, Palm Sn ings 92263-1786' AGR 36 wm. C. Tackett Trust Owner-Participation Agrmt for 28 spaces temporary parking Res 113, 9-2-81 PARTICIPATION AGREEMENT t %%` This Agreement is entered into this o2� `day of z __ 19�0 , by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE QD CITY OF PALM SPRINGS (hereinafter referred to as the "Agency" ) b and WILLIAM C. TACKETT TESTAMENTARY TRUSTS (hereinafter referred to as the "Participant" ) . The Agency and the Participant agree as follows : I. 1§1001 SUBJECT OF AGREEMENT A. [§loll Purpose of the Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan (the "Redevelopment Plan") for the Palm Springs Central Business District Redevelopment Project (the "Project" ) by assuring the demolition and removal of a temporary parking lot on subject site, within the boundaries of the Project (the "Project Area" ) . The construction of a temporary parking lot pursuant to this Agreement and the fulfillment generally of this Agreement are in the vital and best interests of the City of Palm Springs , California (the "City" ) and the health, safety, morals and welfare of its residents and in accordance with the public purposes and provisions of applicable federal, State and local laws and require- ments . Implementation of this Agreement will further the goals and objectives of the Redevelopment Plan, to strengthen commercial functions in downtown Palm Springs and provide public access to commercial facilities . B. [9102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan which was_ approv-ed-and-adopted-on July li. --17973 by the City Council of the City of Palm Springs by Ordinance 952. Said Redevelopment Plan is incorporated herein by reference and made a part hereof as though fully set forth herein. C. [§1031 The Project Area The "Project Area" is located in the C-ity--o-f-P-alm-___ Springs, and includes a portion of the downtown commercial area .The exact boundaries of the Project Area are specifically described in the Redevelopment Plan. D. [§1041 The Site Lots 23 and 24 , Block 26, as shown by Map on file in Book 9, Page 432 of Maps, San Diego County Records , California. E. [91051 The Elements of the Agreement The parking lot is that portion of the Project Area_ _-- -- I - located •on the southwest corner of Indian-Avenue and Andreas Road providing 28-spaces_ 0f_-temporary parking by provision of an admini- strative- minor modification as provided by the Palm Springs Zoning Ordinance. So long as the parking lot exists , the Participant shall be given credit for the number of parking spaces provided in such parking lot. This credit shall be in addition to the 60 spaces actually now physically provided by Participant and the 21 spaced provided by Participant by a payment of $63 , 000 into the ' City of Palm Springs Off-Street Parking Fund, the latter having been done according to that certain Letter Agreement of December 3, 1976, between Participant and the City of Palm Springs . L ,­61 Agr. No. CRA D 1c Page 2 F. [§106] Parties to the Agreement cri 1. [§107] Agency The Agency is a public body, corporate and politic , exercising governmental functions and powers , and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq. ) . The office of the Agency is located at City Hall, 3200 Tahquitz- McCallum Way, Palm Springs, California 92262 . "Agency" as used in this Agreement includes the Community Redevelopment Agency of the City of Palm Springs and any assignee of or successor to its rights, powers and responsibilities . 2. [5108] Participant The Participant is William C. Tackett Testamentary Trusts. The principal address of the Participant is Security Pacific Bank, P .O. Box 712, Riverside, California 92502 . Whenever the term "Participant" is used herein, such term shall include any permitted nominee, assignee, or successor in interest as herein provided. II. [§200] TIMING OF THE ELEMENTS OF THE AGREEMENT A. [§201] Benefits from the Development The Agency and the Participant agree that this develop- ment in the Central Business District will improve an_d__benefit-__ - the-Project_Area by increasing pedestrian access to stores and improving the safety of such persons through the provision of parking adjacent to the stores. B. [5202] Development by Participant The Participant agrees to: pay for the construction of the temporary parking lot and remove said improvements in a clean and workmanlike manner within 90-days of notification by the City of Palm Springs in accordance with the provisions of the Palm Springs Zoning Ordinance. In the event developer does not remove improvements as required under this provision, the City of Palm Springs is authorized to provide said improvements and charge Participant therefor. C. [5203] Transfer of Interest The Participant may transfer any interest in the Site consistent with the Redevelopment Plan, however, the Participant shall promptly notify the Agency of any proposed transfer of in- terest in the Site and shall notify any prospective buyer or transferee of the terms of this Agreement. III . [§300] REMEDIES A. [5301] Effect and Duration of Covenants The covenants contained in this Agreement- shall remain in effect until terminated pursuant to Section 202 . The covenants established in this Agreement and the deeds shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any part thereof. Agr. No. Page 3 A. [§301] (Continued) The Agency is deemed the beneficiary of the terms and r� provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency without regard to whether the Agency has been, remains , or is an owner of any land or interest therein in the Site, or any parcel or sub-parcel in the Project Area . The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies , and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. B. [53021 Defaults Subject to the extensions of time set forth in Section 403 , failure or delay by either party to perform any term or pro- vision of this Agreement constitutes a default under this Agree- ment. The party who so fails or delays shall immediately commence to cure, correct, or remedy such failure or delay, and shall com- plete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. C. [93031 Legal Actions In addition to any other rights or remedies , either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California. D. [§304] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. IV. [54001 GENERAL PROVISIONS A. [54011 Conflicts of Interest i No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. The Participant warrants that it has not paid or given, and will not pay or give, any third party any money or other con- sideration for obtaining this Agreement. CRA D I d Ll-\ CPA D 1 e Agr. No. Page 4 B. [5402] Nonliability of Agency Officials and fi3+ Employees 00 G�*J No member, official or employee of the Agency shall be personally liable to the Participant in the event of any default or breach by the Agency or for any amount which may become due to the Participant or on any obligations under the terms of this Agreement. C. [5403] Enforced Delay : Extensions of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires ; casualties ; acts of God; acts of the public enemy; epidemics ; quarantine restrictions; freight embargoes; lack of transportation; govern- mental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor. , subcontractor or supplier; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity (other than the acts or failure to act of the Agency shall not excuse performance by the Agency) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if n_otice _by the_part--y—e-laiming such _-- extension is-sent-to the other party within 30-days of the commence- ment of the cause. Times of performance under this Agreement may also be extended in writing by the Agency and the Participant. V. [y500] ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS RECORDATION This Agreement is executed in four (4) duplicate originals , each of which is deemed to be an original . This Agreement com- prises page 1 through 5 , inclusive, which constitute the entire understanding and agreement of the parties . This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negoti- ations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency and .the Participant, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Participant. This Agreement shall be recorded by the Agency. Agr, No, Page 5 VI. [§600] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY �a This Agreement, when executed by the Participant and delivered to the Agency, must be authorized, executed and delivered by the Agency within sixty (60) days after the date of signature by the Participant of this Agreement otherwise it shall be void, except to the extent that the Participant may content in writing to further extensions of time for the authorization, execution and delivery of this Agreement. The effective date of this Agreement shall be the date when the Agreement has been signed by the Agency. September 22, 198T. COMMUNITY REDEVELOPMENT AGENCY OF THE C TY F PALM SPPJNGS /y�� By IJC� Ch irman ,n By &L14_ Secretary John W. Hough and Security Pacific National Bank, a national banking association, as co-trustees of the Testamentary Trusts established by the last will of Willi _G.„Tacket deceased. W HOUGHBy By i Vice-P esident d�f�ip AANAGER STA E OF ILLINOIS COUNTY OF COOK --- --- - -On -March-11 1980, before me, Marlene Meyer a Notary Public, in and for said State, personally appeared ITobn W. Hough known to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Nota Public STATE OF CALIFORNIA COUNTY OFF RIVERSIDE On L zo"o 1980, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Vice-President, and AIAN AYIWTN known to me to be the MANAGER ' " „ -Ilo- of the Banc that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the Bank named and acknowledged to me that such Bank executed the within instrument pursuant to its by-laws. WITNESS my hand and official seal. _/ I�1I IIN II II III II II III II II,II II IIIIIIIIIII,IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII I,I II III II II41X 41111{ OFFICIAL SEAL 9} C ' _ 'j Signature C?-a� UCCB �/� �G C, CAMILLE A. PIERCE NOTARY PUBLIC CALIFO RNIA 61 ili i L L_E f i 1�� '— ILh� PRINCIPAL OFFICE IN 31 1' s^� RIVERSIDE COUNTY 1 Name (Typed or Printed) 's MY CO-emission Expires Feb. 17, 1981 g# I�nlumunnnmm�minxmm�nnllnunlllnmm�unnnlnnwlnlnuulllllmm�nlllnnlnmR CRA D 1 d I RESOLUTION NO. 113 a OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING OWNER-PARTICIPATION AGREEMENT WITH WILLIAM C. TACKETT TESTAMENTARY TRUST TO PROVIDE 28 SPACES OF TEMPORARY PARKING. WHEREAS the City Council has designated themselves as-a Community Redevelop- ment Agency and taken the necessary action in accordance with State Law to initiate a redevelopment program for the downtown area; and WHEREAS the Community Redevelopment Agency has determined the need for additional parking in the project area to satisfy the needs of the Tackett Center; and WHEREAS the Community Redevelopment Agency has determined it to be in the best interest of the project to allow the development or ccmNorary parking wnile final development plans are pending. and WHEREAS the Tackett Testamentary Trust has agreed to develop a temporary parking lot on the southwest corner of Andreas Road and Indian Avenue and maintain said lot, NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs does hereby approve an owner-participation agreement with William C. Tackett Testamentary Trust to develop 28 parking spaces for its development. ADOPTED this 2nd day of September 1981 . AYES: Members Beirich, Field, Ortner, Rose & Chairman Doyle IJ DES: - ---None- .- ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA - ------ ------- - -- -------- -- - By: s Norman R. King -s]Jo-hn- F.Doyle---- - - - ----- _- - -- Secretary Chairman REVIEWED & APPROVED e9 C 10, 11,11Y C13I'I`ICY THAT 'TIiE FOIIEGOING IS A TIIUE COPY OV AE'#iLUTION NO.� 3 DULY ADOPTED BY 1'lIo;0039 1UNITY UEDEVELOP➢ ENTAGENCY OF THE CITY OP I'41.i'i SPIiIIVUS IlV A MEETING TIIERUOF iIELO ON TFIE ��� DAY O _� -�eA r i 0,- TED AT PALBI SPRINGS, CALIFORNIA rIIIs a DA OF, ©C - JeZIF - �,v���e..,,s::i.`,w'yi'Y�SiAx �cSE,O�'i+,13sNT CITY OF PALM SP'RING0, CALIFORNIA CRA D 1 e 00 aw � O V6� U. Q U o Q1 r q2;' i 2 :3P Q � i �1 HOWINGTON, ELWORTH, OSSWALD & HOUGH LAW OFFICES , 136 SOUTH LASALLE STREET CABLE ADDRESS aew CHICAGO, ILLINOIS 60603 �-ROWELOS" TELEX 25-6221 �.y TELEPHONE 346-7900 y' AREA CODE 312 �J G�J r1 FILE NO. September 2, 1981 City of Palm Springs Redevelopment Agency P. O. Box 1786 Palm Springs, California 92263 Attention: Kenneth E. Feenstra Dear Ken: Under date of March 11, 1980, 1 signed an agreement as Co-trustee of the William C. Tackett Testamentary Trusts to be signed by the Palm Springs Redevelopment Agency as the other party. We hereby extend the date on which such agreement may be accepted by the City of Palm Springs Redevelopment Agency to October 31, 1981. yours -- \ John W. Houg , Co-Trustee Of illiam C. Tackett Testamentary Trusts JWH:mm cc: Melinda Martinez, Manager Real Estate Management Office Security Pacific National Bank Palm Desert District Trust Office Post Office 'Box 1515 Palm Desert, California 92261