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HomeMy WebLinkAboutA4220 - AGUA CALIENTE CAHUILLA INDIAN MOU SEC 14 MO 6614 Agna Cliente Band of Cahuilla Indians Nou AGREEMENT #4220 v - MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE REDEVELOPMENT PROD M06614, 5-17-00 CPTiYCIFFAL 3°'R"GG FOR CANYON, SECTION 14 AREAS BETWEEN AGUA CALIENTE BAND OF OX27G3 CAHUILLA INDIANS, THE CITY OF PALM SPRINGS, AND THE COMMUNITY �ALSv�r�PflIGS,CA 9 &3 REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into thisIi day of M 2000, by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS actin through its Tribal Council ("Tribe"), a Federally-recognized Tribe, and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council ("City"), a municipal corporation and COMMUNITY REDEVELOPMENT AGENCY ("Agency'). This Agreement is made with reference to the following: RECITALS 1. The Agua Caliente Band of Cahuilla Indians ("Tribe") is a federally-recognized Indian Tribe governing itself according to a Constitution and exercising sovereign authority over the lands of the Aqua Caliente Indian Reservation ("Reservation"). 2. The City of Palm Springs is a charter city, possessing full powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter, and State law. 3. On or about July 18, 1983, the Redevelopment Agency of the City of Palm Springs ("Agency") adopted the Tahquitz Andreas Redevelopment Project Area, and on May 7, 1986, the adjacent Baristo-Farrell Project Area collectively encompassing property of approximately 483 acres near downtown Palm Springs known as Section 14, which area is also a part of the Reservation, with approximately 80 Indian Allotments having interests therein and with numerous third-party owners. 4. On or about July 19, 1991, the Agency adopted the Canyon Redevelopment Project area encompassing that property of approximately 746 acres in the historic Palm Canyon area, which area is also a part of the Reservation, with approximately 11 Indian Allotments having interests therein and with numerous third-party owners. NOW THEREFORE, the parties hereto enter into this Memorandum of Understanding (MOU) as follows: SECTION 1. GOAL. The Tribal Council, City and Redevelopment Agency enter this MOU to jointly prepare and implement (i) a land use plan which would maximize the economic value of the Reservation land consistent with community land use goal and (ii) a marketing plan for Reservation land which would include Agency financial assistance. The intent of the parties is to focus initially on two portions of the redevelopment project areas which are also a part of the Reservation. Those two areas are the Section 14 Area and the Canyon Area, as designated on Exhibit A. in addition, the parties agree to apply the principles identified herein in connection with other development opportunities that may arise from time to time with respect to Reservation land. The Goal is to be accomplished through a cooperative land use planning and redevelopment process as outlined in Section 2 below. This process will be overseen by a co-staff joint working group as detailed in Section 3. c ro�� 6 ` 3 SECTION 2. OUTLINE OF PROCESS. Tribal/City Pre-Project Meeting Property Profile Develop Land Use Plan Preliminary Economic Feasibility Analysis RFP/RFQ Preparation RFP/RFQ Developer Selection Exclusive Agreement to negotiate Land Assembly/ BIA Lease Preliminary Development Plans Submit Development Permits Applications Prepare CEQA/NEPA Documents OPA/DDA/DA Discussions OPA/DDA/DA Financial Evaluation Draft OPA/DDA/DA Public Hearings on Development Permits and OPA/DDA/DA Project &Agreements approved by Governing Bodies Construction Plans/Technical Check/Building Permits Project Construction/Completion SECTION 3. JOINT WORKING GROUP. At a staff level, a joint working group will be formed consisting of the chief operating officer, planning director, and redevelopment director of each entity, or the designee of any such official, and, as liaison official, a member of the governing body of each entity, and the chief legal officer of each entity as ex officio members. In addition, each entity may invite whatever additional personnel may be necessary for any topic discussed such as the finance officer, building official or similar officer. The joint working group shall review and make recommendations to the approving bodies concerning master land use plans; solicitation and evaluation of developer qualifications; solicitation and evaluation of development proposals; evaluation of development proformas; proposals for financial assistance; waiver or imposition of fees, taxes and assessments; evaluation of infrastructure needs and financing; site plan review; other similar matters. C r ` I The joint working group shall work within the phases outlined in Section 2. The joint working group will report periodically to the governing bodies concerning the progress of the project. SECTION 4. USE OF TAX INCREMENT. The Agency intends to merge the current ten (10) redevelopment project areas into two project areas, Project Area No. 1 and Project Area No. 2, as such shall consist of the Tahquitz-Andreas, Baristo-Farrell and Canyon project areas. The City and Agency agree that the tax increment generated by property which, as of the date hereof, are located within the proposed Project Area No. 2 will not be loaned or otherwise used outside of such Project Area No. 2 without the prior approval of the Tribe, except this shall not apply to 20% set aside housing funds spent outside the Project Area under Section 33334.6 of the Community Redevelopment Law, provided such projects are approved at a public hearing. SECTION 5, GENERAL TERMS AND CONDITIONS. 5.1 Governing Law. Unless inconsistent with Federal law which shall be supreme, the laws of the State of California shall govern the interpretation and enforcement of this MOU. 5.2 Modifications. Any alteration, change or modification of or to this MOU, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto 5.3 Approval. _ This MOU shall be approved by Resolutions of the Tribal Council and the City Council. 5.4 Termination. Either party may terminate this agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF the City, the Agency and Tribe have executed this MOU as of the date first written above. "CITY" and "AGENCY" CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, and COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic VVV4NJ':C7• Mayor and Chairman Attest, ��ri-Gov`-�`'�rf^�i� ■ ��City Clerk c AG[gyp©VFC� sY THE MYCOUKC'C - .S=l pd Approved as to Form: Cim® ' — rne AsL-N n7's't rzG "TRIBE" TRIBAL COUNCIL OF THE AQUA CALIENTE AND OF OAHUILLA INDiANS, a Federally-recognized tribe ( " L - lchard Milanovich, Chairman Approved as to Form: Tribal Attorney [End of Signatures] p, 02 DEC-04-2000 MOPd 12:44 PM ACBCI PLAIdNING FAX NO. 1 EXHIBIT 'A' REDEVELOPMENT PROJECT ARF-AG 1-8 LU �� LU Ji s VIA ly,T CLUE ROAD +e _ A z w — ,g;�.. ALl~J ROA cc :his,; }�,, y,; •Fa,.x., :;s.:n:e { .:,.�,':> s,•''Se� :;..,e-� %>��ri'.`:riT:��xkv,: .e'k RAMON RO A❑ �� ]3�r�'<i.•'i��.t?:.i:-'r.Y#��J_•, .i4:, l,✓�.fe5's�Y r'dx: $ e.�.k �Y,�w.t. 'ja..; "" a? >: 5.,b'x. rsra,,.1. ^.',"s#lnir.;^r, ;.• `:E.. S:r.:.�(,i35 n �af. t„r�`y:;Jr �����•'+ BAST ' PALM 1_ CENTRAL BUNpflEAS DISTRICT C'4HYdN g. TAHOUITZ-A gR�VS G, SOUTH PALM O N LYRYTRAIL SaAMb N-GEN1= A g, OASIQ g. NORTH PALM CANYON T. HjcMt_^ND-GATEWAY. CANYON PROJECT AREA 0. ,UARISTO-FARRELL• � J ff 4 �i� ,� .1, t rY`,y��. •n xr,i EXHIBIT • N f I ri. wil.il i 0 M E M O R A N D U M DATE: .Tune 9, 2000 TO: Economic Development-John Raymond FROM: Office of the City Clerk RE: MOU Agua Caliente Band of Cahuilla Indians Cooperative agreement A4220: CC: Pile Attached please find one copy of the above-mentioned agreement with the Agua Caliente Band of Cahuilla Indians, approved by the City Council on May 17, 2000, for your records. We have retained our copy. Trisha City Clerk MEMORANDUM DATE: June 9, 2000 TO: Office of the City Clerk FROM: Connie Medina Tribal Planning Administrative Assistant AQUA CALIENTE BAND OF CAHUILLA INDIANS RE: MOU for Cooperative Redevelopment Program for Canyon Section 14 Enclosed are your copies of the executed agreements (marked in red) referenced above- -�mot—" V-., ,,, �•ss: /cm Enclosure P:\MEMOS-TJ❑\PALM SPRINGS CITY CLERK 6.9.00.doc 600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS CALIFORNIA 92269 • TEL (760) 395-3400 FM (760) 325.0593