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HomeMy WebLinkAbout10/16/2002 - STAFF REPORTS (3) DATE: OCTOBER 16, 2002 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT APPROVAL OF LICENSE AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE USE OF A_ACRE AGENCY-OWNED PROPERTY, KNOWN AS THE PRAIRIE SCHOONER PARCEL, FOR A CONSTRUCTION SUPERVISION COMPOUND AND OVERFLOW PARKING, FOR A PERIOD OF FIFTEEN MONTHS COMMENCING NOVEMBER 1, 2002. RECOMMENDATION: It is recommended that the Agency approve the License Agreement for the use of the Prairie Schooner Parcel with the Agua Caliente Band of Cahuilla Indians (the "Tribe") for a period of fifteen months commencing November 1, 2002, for a construction supervision compound and overflow parking. SUMMARY: This License Agreement with the Tribe allows them the use of the Prairie Schooner property during the period which they are constructing the new Spa Casino. The site will primarily be used as a compound housing approximately eleven (11) office trailers for all of the contractors and subcontractors on the site. In addition, the Tribe may use a portion of the property for employee parking. The Agency shall retain the far eastern 1.5 acres for use by the Palm Springs Convention Center for its own construction staging on the kitchen remodel, as well as trailer storage for incoming shows and its own employee and overflow parking needs. The Agreement allows the Agency to exchange the value of the property improvements the Tribe needs to make for rent. The site was previously a mobile home park and a significant portion of its infrastructure — slabs, the electrical system, and the sanitary system, remain on the site in a dilapidated state. The Tribe will remove all of those improvements, as well as a number of the trees on site and return it to a flat, graded site ready for development once they vacate. The value of those improvements is in excess of$75,000, or an equivalent value of more than $5,000 per month rent. OHN S. RAYMON rector of Comm ity and Economic Development APRk' ED: -f"l Executive Direct" ATTACHMENTS: 1. Resolution 2. License Agreement CONSTRUCTION LICENSE AGREEMENT THIS CONSTRUCTION LICENSE AGREEMENT (the "Agreement") is made and entered into as of November 1, 2002 by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic (the "Owner") and the Agua Caliente Band of Cahuilla Indians (the"Tribe"), with reference to the following facts: A. Owner 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 "Owner Parcel". Pursuant to this Agreement, and subject to the terms and conditions set forth herein, the Owner is granting to the Licensee a license to enter upon and utilize a portion of the Owner's Parcel pursuant to the conditions set forth herein for the purpose of facilitating the construction of the Tribe's adjacent parcel for a proposed casino development. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Definitions. (a) The term "Permittees' means (a) all employees, agents, contractors, visitors, invitees, and licensees of Owner and the Tribe, respectively; and (b) any person or entity legally entitled to the use and occupancy of space in any improvements situated on the Owner's Parcel, and their respective employees, agents, contractors, visitors, invitees, licensees, and subtenants. (b) The term "Party or Parties" means Owner or Tribe, their grantees, successors, and assigns who become owners of any portion of the respective parcels. At such time as any person becomes an owner of any portion of a parcel, he shall be deemed to be a Party to this Agreement and shall be conclusively presumed to have taken subject to and assumed all of the obligations and burdens set forth in this Agreement pertaining to the parcel of which their property is a part and to have automatically granted and conveyed all easements described in this Agreement to all other Parties, their successors and assigns, immediately upon such Party's acceptance of delivery of a deed granting and conveying any portion of a parcel to such Party. 2. Consideration for License. In consideration of the granting of this license, the Tribe shall undertake the following tasks at their sole expense: 2.1 Remove all existing structures from the Owner's Parcel, including electrical vaults and unused poles, concrete slabs, conduit, or septic tanks; IRV 425612 vl 6 , 2, 2.2 Grade and pave the Owner's Parcel and provide the landscaping and improvements set forth in Exhibit `B" attached hereto and incorporated herein by this reference; 2.3 Perform all procedures necessary to address any Indian artifacts or other existing Indian historical resources located on the Owner's Parcel pursuant to applicable federal, state, and tribal requirements; 3. Grant of License 3.1 Grant of License by Owner. Owner hereby grants to Tribe a license to enter upon the Owner's Parcel to perform the consideration specified in Section 2 above and to utilize the property for staging and facilitation of construction on Tribe's adjacent Parcel. 3.2 Term of License. The license granted to the Tribe pursuant to Section 3.1 above shall commence on November 1, 2002 and terminate on January 31, 2004. 3.3 Early Termination. Owner may terminate this Agreement at its sole discretion at any time upon providing sixty (60) days written notice to Tribe. 4. Indemnity. Each Party severally agrees to defend and hold each 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 Owner Parcel of, or by reason of any act or omission of, such indemnifying Party except to the extent caused by the indemnitee Party. 5. Notices. Any notice to be given under this Agreement 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: Owner: Palm Springs Community Redevelopment Agency P.O. Box 2743 Palm Springs, CA 92263 Attn: Assistant Secretary With Copy to: Burke, Williams & Sorensen, LLP 19301 Von Karman Ave, Suite 1050 Irvine, CA 92612 Attn: David J. Aleshire, Esq. Tribe: Agua Caliente Band of Cahuilla Indians 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 .� ary 425612 v1 _2_ With Copy to: Law Offices of Art Bunce 430 North Cedar Street, Suite H Escondido, CA 92025 Attn: Art Bunce 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. 6. General Provisions. 6.1 California Law. This Agreement shall be interpreted, enforced and governed by and under the laws of the State of California and applicable Federal laws. 6.2 Transfers. Nothing contained in this Agreement 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. 6.3 Miscellaneous. This Agreement may be modified only by a written agreement signed by the owners of the respective Parcels. This Agreement shall be binding on and benefit each successive owner of the Parcels. If any action or proceeding is commenced by any Party to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the other Party reasonable attorneys' fees and costs in addition to any other relief awarded by the court. Time is of the essence of this Agreement. The Parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the Parties may have under applicable law. [SIGNATURE PAGE FOLLOWS:] 1RV#25612 v1 _3_ "TRIBE" By: Name: By: Name: Agua Caliente Band of Cahuilla Indians 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 "OWNER" 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: ATTEST: Assistant Secretary APPROVED AS TO FORM: ow Agency CounselC Is ,. IRV#25612 vl -4- EXHIBIT "A" OWNER PARCEL LEGAL DESCRIPTION For the period of the agreement, the Tribe shall have exclusive use of the parcel shown below, with the exception of the easternmost 170 feet of parcel 508-055-007, which shall be reserved for use by the Convention Center. .xoRE.s xo.o ( } M TREE L x.x GATE ' IZ d Y G 791 � f rw. r.xx, vn. >E—m w.v¢ J �O E,w E.r[ v,s,rw 1 a ov[r[ox xc m i r,¢r.�trxc n,Erlc GATE \ , i.E¢af xo.t h \\\\\\ I I InI # i I Tusx I ram I6a � Q ________` _________�_____________________ v x,ur r[rcE yr v,xo scarx ----- PENT/r-YLL DING GRIP N PR I.DPDSED PIfCV`9�¢F AGE t PARKING LAY[IUT V1 " wr EXHIBIT "B" IMPROVEMENTS TO OWNER'S PARCEL Remove all existing structures from the Owner's Parcel, including electrical vaults and unused poles, concrete slabs, conduit, or septic tanks; Grade and pave the Owner's Parcel and provide the landscaping and improvements set forth as follows: Install landscaping in parcel 508-055-009 as an additional buffer between the site and the Hilton Resort. Install adequate gravel or asphalt ground cover on graded areas to reduce blowing dust. Perform all procedures necessary to address any Indian artifacts or other existing Indian historical resources located on the Owner's Parcel pursuant to federal, state, and tribal requirements. �07 IRV 925612 VI B-1 *- "r'4' TRIBAL PLANNING , BUILDING & CNGINCCPING October 14, 2002 Via Facsimile and Hand Delivered John Raymond, Director of Community and Economic Development City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Re: Prairie Schooner License Agreement (CRA-b) Dear John, May I suggest that a clause be added that would extend this agreement if so desired by the Agency and the Tribe. The clause could be inserted after Section 3.2 and state: This Agreement may be extended to a date certain by mutual agreement of both parties. I foresee that a nominal extension if needed may be in the best interest of the Tribe and the Agency. V t ul yours, Thomas J. Davis, AICP Chief Planning Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJ D/cy C: Tribal Council Tim Taylor, COO Rob Donnels, Director of Construction G:1ETTERS-TJD\101402-John Raymond Re Prairie Schooner License Agreement.doc �co 650 C TAHQUITZ CANYON WAY • PALM SPRINGS, CA 92962 • (760) 325-3400 FAA (760) 325-6952 CONSTRUCTION LICENSE AGREEMENT THIS CONSTRUCTION LICENSE AGREEMENT (the "Agreement") is made and entered into as of November 1, 2002 by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic (the "Owner") and the Agua Caliente Band of Cahuilla Indians (the"Tribe"), with reference to the following facts: A. Owner 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 "Owner Parcel". Pursuant to this Agreement, and subject to the terms and conditions set forth herein, the Owner is granting to the Licensee a license to enter upon and utilize a portion of the Owner's Parcel pursuant to the conditions set forth herein for the purpose of facilitating the construction of the Tribe's adjacent parcel for a proposed casino development. B. As consideration for the use of the Owner's Parcel pursuant to this Agreement, Tribe has agreed to provide certain improvements to the Owner's parcel including grading, graveling and certain landscaping improvements. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Definitions. (a) The term "Permittees" means (a) all employees, agents, contractors, visitors, invitees, and licensees of Owner and the Tribe, respectively; and (b) any person or entity legally entitled to the use and occupancy of space in any improvements situated on the Owner's Parcel, and their respective employees, agents, contractors, visitors, invitees, licensees, and subtenants. (b) The term "Party or Parties" means Owner or Tribe, their grantees, successors, and assigns who become owners of any portion of the respective parcels. At such time as any person becomes an owner of any portion of a parcel, he shall be deemed to be a Party to this Agreement and shall be conclusively presumed to have taken subject to and assumed all of the obligations and burdens set forth in this Agreement pertaining to the parcel of which their property is a part and to have automatically granted and conveyed all easements described in this Agreement to all other Parties, their successors and assigns, immediately upon such Party's acceptance of delivery of a deed granting and conveying any portion of a parcel to such Party. 2. Consideration for License. In consideration of the granting of this license, the Tribe shall undertake the following tasks at their sole expense: IRV 825612 v2 2.1 Remove all existing structures from the Owner's Parcel, including electrical sheds and unused poles, concrete slabs, conduit, or septic tanks prior to November 1, 2002; 2.2 Grade and gravel the Owner's Parcel prior to November 1, 2002; 2.3 Provide the landscaping and improvements set forth in Exhibit `B" attached hereto and incorporated herein by this reference; 2.4 Perform all procedures necessary to address any Indian artifacts or other existing Indian historical resources located on the Owner's Parcel pursuant to applicable federal, state, and tribal requirements so that Tribe will agree that no mitigation measures are needed when the property is developed; and 2.5 Provide that a portion of Owner's Parcel, as shown in Exhibit C, is reserved by Owner for use by Convention Center. 3. Grant of License 3.1 Grant of License by Owner. Owner hereby grants to Tribe a license to enter upon the Owner's Parcel to perform the consideration specified in Section 2 above and to utilize the property for staging and facilitation of construction on Tribe's adjacent Parcel. Said license shall be nonexclusive and Owner shall retain the right to enter the Owner's Parcel at any time. 3.2 Term of License. The license granted to the Tribe pursuant to Section 3.1 above shall commence on November 1, 2002 and terminate on January 31, 2004. 3.3 Early Termination. Owner may terminate this Agreement at its sole discretion at any time upon providing sixty(60) days written notice to Tribe. 3.4 Condition of Owner's Parcel. Tribe shall return the Owner's Parcel in good condition with all improvements specified herein to the satisfaction of the Owner. 4. 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 Owner 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 the Owner's Parcel according to the City's standard requirements to be approved by the City Risk Manager 5. Notices. Any notice to be given under this Agreement 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: IRV#25612 W2 _2_ Owner: The Community Redevelopment Agency of the City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Attn: Assistant Secretary With Copy to: Burke, Williams & Sorensen, LLP 18301 Von Karman Ave, Suite 1050 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. 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. 6. General Provisions. 6.1 California Law. This Agreement shall be interpreted, enforced and governed by and under the laws of the State of California and applicable Federal laws. 6.2 Transfers. Nothing contained in this Agreement 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. 6.3 Miscellaneous. This Agreement may be modified only by a written agreement signed by the owners of the respective Parcels. This Agreement shall be binding on and benefit each successive owner of the Parcels. If any action or proceeding is commenced by any Party to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the other Party reasonable attorneys' fees and costs in addition to any other relief awarded by the court. Time is of the essence of this Agreement. The Parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the Parties may have under applicable law. [SIGNATURE PAGE FOLLOWS:] IRV 925612 Q _3_ "TRIBE" By: Name: By: Name: Agua Caliente Band of Cahuilla Indians 600 East Tahquitz Canyon Drive Palm Springs, CA 92262 "OWNER" 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: ATTEST: Assistant Secretary APPROVED AS TO FORM: David J. Aleshire, Agency Counsel IRV N25612 Q -4- EXHIBIT "A" OWNER PARCEL LEGAL DESCRIPTION For the period of the agreement, the Tribe shall have exclusive use of the parcel shown below, with the exception of the easternmost 170 feet of parcel 508-055-007, which shall be reserved for use by the Convention Center. IRV 925612 Q A-1 EXHIBIT "B" IMPROVEMENTS TO OWNER'S PARCEL Remove all existing structures from the Owner's Parcel, including electrical sheds and unused poles, concrete slabs, conduit, or septic tanks; Grade and pave with gravel the Owner's Parcel and provide the landscaping and improvements set forth as follows: Install landscaping in parcel 508-055-009 as an additional buffer between the site and the I-Tilton Resort. Install adequate gravel ground cover on graded areas to reduce blowing dust. Perform all procedures necessary to address any Indian artifacts or other existing Indian historical resources located on the Owner's Parcel pursuant to federal, state, and tribal requirements. IRV#25612 v2 B-1 RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE USE OF THE PRAIRIE SCHOONER PARCEL FOR A CONSTRUCTION SUPERVISOR COMPOUND BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California, that a License Agreement with the Agua Caliente Band of Cahuilla Indians for the use of the Prairie Schooner parcel cor a construction supervisor compound, is approved; and, the Executive Directoror his designee is authorized to sign any documents related to the Contract. ADOPTED this day of , 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY By Assistant Secretary Chairman REVIEWED &APPROVED