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HomeMy WebLinkAbout1/1/1998 - CRA RESOLUTIONS RESOLUTION NO. 1036 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, APPROVING FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT NO. 377C IN THE AMOUNT OF $2,200.00 FOR THE PREPARATION OF CONSTRUCTION COST ESTIMATES AND DESIGN AND CONSTRUCT- ION DOCUMENTS FOR UPGRADING THE LIGHTING SYSTEM FOR A BIKE TRAIL AND THE PUBLIC PARKING LOT ADJACENT TO PLAZA MERCADO. WHEREAS, on September 3, 1997, the Palm Springs Redevelopment Agency approved Agreement. No. 377C with Sanborn A/E for preparation of design and construction documents for a public parking lot adjacent to Plaza Mercado; and WHEREAS, preparation of construction cost estimates and upgraded lighting design for the bike trail and parking lot were not included in the original agreement; and WHEREAS, these items are required to complete the terms of the existing Disposition and Development Agreement between the Agency and Wessman Development Co. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: Section 1. The Community Redevelopment Agency approve First Amendment to Contract Services Agreement No. 377C with Sanborn A/E in the amount of $2,200.00 for the preparation of construction cost estimates and design and construction documents for upgrading the lighting system for a bike trail and parking lot adjacent to Plaza Mercado. ADOPTED this 4th day of February , 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Ch�(frmfn-Kleindlbnst NOES: None ABSENT: None ABSTAIN: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Assi'stant Secretary Chairman REVIEWED AND ADOPTED AS TO FORM: `^-- RESOLUTION NO. 1037 OF THE COMMUNITY REDEVELOPMENT AGENCY ' OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A GRANT OF RIGHT-OF-WAY TO THE CITY OF PALM SPRINGS FOR PUBLIC ROAD PURPOSES ALONG THE NORTH LINE OF RAMON ROAD EAST OF GENE AUTRY TRAIL AND ALONG THE EAST LINE OF GENE AUTRY TRAIL NORTH OF RAMON ROAD IN SECTION 17, T.4S., R.SE. WHEREAS the land located at the north east corner of Ramon Road and Gene Autry Trail in Section 17 is owned by the Community Redevelopment Agency of the City of Palm Springs, California; and WHEREAS the City of Palm Springs and CVAG are in the process of extending the Mid-Valley Parkway which will be a highway that links the Palm Springs Airport with other cities in the Coachella Valley; and WHEREAS the route of the Mid-Valley Parkway is planned to travel north along Gene Autry Trail, from Mesquite Avenue to Ramon Road, travel west along Ramon Road to Vella Road, and then north to the Airport; and WHEREAS the intersection of Ramon Road and Gene Autry Trail will need to be widened to handle the traffic using the Mid-Valley Parkway, and the City of Palm Springs needs a right-of-way over that strip of land described and shown on the Right- Of-Way document on file in the City Clerk's Office, such strip of land being a part of the said lands owned by the Agency. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs: Section 1. The Community Redevelopment Agency authorizes the grant of right-of- way over a strip of land along the north line of Ramon Road east of Gene Autry Trail and over a strip of land along the east line of Gene Autry Trail north of Ramon Road, more particularly described and shown on the Right-Of-Way document on file in the City Clerk's Office, said right-of-way being for streets, highways, underground sewers, public utility installations, and other appurtenant uses required for the Mid-Valley Parkway project. Section 1 The Executor, Director and the Secretary are hereby authorized to sign all documents, on forms approved by the City Attorney on behalf of the ' Community Redevelopment Agency, necessary to consummate the grant of right-of-way to the City of Palm Springs. Grant Right-Of-Way at racoon Road Along Gene Autry Trail February 18, 1998 Page 2 R1037 Section 3. The City Clerk is hereby authorized to record said Grant of Right-Of-Way in the office of the County Recorder of Riverside County. ADOPTED this 18th day of February 1998 AYES: Members Barnes, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: Member Hodges COMMUNITY REDEVELOPMENT AGENCY ATTEST: of the City of Palm Spirngs Assistant Secretary Chai rman REVIEWED AND ADOPTED AS TO FORM: J/zc ' R-98-002 l RESOLUTION NO. 1038 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GRANTING OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO SERVE PLAZA MERCADO, LOCAT- ED AT 15,1 SOUTH PALM CANYON DRIVE. . . . . . . . . . . . - - - - - - - - - - - - WHEREAS Wessman Development Company is the owner of Parcel 2 of Parcel Map No. 27774 and is constructing a commercial building known as Plaza Mer- cado on this Parcel with the street address of 150 South Palm Canyon Drive; and WHEREAS Wessman Development Company has requested electrical service to this property from Southern California Edison Company; and WHEREAS Southern California Company has requested the Agency to to grant an easement across their Parcel 1 of Parcel Map No. 27774 for the construction and maintenance of underground electrical facilities to serve Plaza Mercado, the location of said easement being more particularly described in the Grant of Easement document and shown on the Parcel Map attached hereto; and WHEREAS granting of the easement requested by the Edison Company will not interfere with public parking lot improvements to be constructee= by the Agency on Parcel 1 in the near future and will be in the best interest of the City. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: ' Section 1. Granting an easement to Southern California Edison for the installation of underground electrical facilities to serve 150 South Palm Canyon Drive at the location described in the at- tached Grant of Easement and shown on the plat attached is hereby approved. Section 2. The City Manager and City Clerk are hereby authorized to ex- ecute the said Grant of Easement on behalf of the Communi- ty Redevelopment Agency of the City of Palm Springs. Section 3. The City Clerk is hereby authorized to record said Grant of Easement in the office of the County Recorder of Riverside County. Adopted this 15th day of April, 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Mayor Kleindienst. NOES: None None ABSENT: ABSTAIN: Member Hodges ATTEST: COMMUNITY REDEVELOPMENT AGENCY ' TY OF PALM SPRINGS, CALIFOfJNIA Assistant Secretary Chairman REVIEWED AND APPROVED - ►� eo RESOLUTION NO. 1039 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING AN AGREEMENT WITH THE CITY OF PALM SPRINGS FOR THE SALE OF THAT CERTAIN PARKING PARCEL LOCATED IN THE CITY OF PALM SPRINGS AND PARTIAL REIMBURSEMENT TO THE COMMUNITY REDEVELOPMENT AGENCY'S HOUSING :FOR FUNDS EXPENDED FOR THE PLAZA MERCADO COMPLEX WHEREAS, on July 7 , 1992 , the Community Redevelopment Agency of the City of Palm Springs ("Agency") and Wessman Development Company ("Wessman") executed that certain Disposition and Development Agreement, approved by the Agency Board pursuant to Resolution No. 866 on June 23 , 1992 as supplemented/modified by that certain letter agreement dated June 23 „ 1993 (collectively "DDA") , authorizing Wessman to construct a residential condominium development ("Residential Project") above a multi-level parking structure on the Agency's Parking Parcel ("Parking Parcel") which is comprised of approximately 72 , 000 square feet and is located at 151 South Palm Canyon Drive within the Plaza Mercado retail/restaurant complex ("Plaza Mercado") in the Central Business District Redevelopment Area of the City of Palm Springs, WHEREAS, under the DDA, the Agency, through its Housing Fund, agreed to purchase, and did purchase, the Parking Parcel from Wessman for $2 , 800, 000, WHEREAS, to effectuate the development on the Parking Parcel under the DDA, the Agency, in 1993 and 1994 , through its contractors, undertook financial feasibility and architectural design analyses (collectively "Feasibility Studies") of the Residential Project, WHEREAS, the Feasibility Studies concluded that the Residential Project was not feasible because the costs necessary to prepare the Parking Parcel for, and construct, the Residential Project were prohibitive, WHEREAS, on June 18, 1997 , in light of the conclusions in the Feasibility Studies, Agency and Wessman executed a First Amended Disposition and Development Agreement ("Amended DDA") to cancel that portion of the DDA regarding the construction of the Residential Project, and revise the Parking Parcel size, configuration and easements, as required by design refinements to Plaza Mercado, thereby reducing the total square feet of the Parking Parcel to 57 , 937 square feet to accommodate offsetting benefits to the Parking Parcel and provide public open space along the Palm Canyon frontage of Plaza Mercado, 627/014084-0006/3161367.1 n05/26/98 R1039 Page 2 WHEREAS, on January 15 , 1998 , an appraiser, R. F. Sweet and Associates of Palm Desert, California appraised the Parking Parcel at $25 per square foot for a total appraised value of $1, 448, 350, WHEREAS, the City of Palm Springs ("City") is desirous of purchasing and the Agency is desirous of selling the Parking Parcel for the total amount of $1, 706, 060, which represents the appraised value of $1, 448 , 350, plus the cost of building and site demolition ' of $79, 500 and added setbacks and easements of $178, 210, which total amount is to be paid by the City to the Agency's Housing Fund, pursuant to the terms of the Agreement for Purchase and Sale of Real Property executed between the City and Agency on the same date as the date of this Resolution ("Purchase Agreement") , WHEREAS, the Agency is desirous of executing a Promissory Note ("Agency Note") for the principal amount of five hundred forty six thousand nine hundred seventy dollars ($546, 970) , payable at the annual interest rate of 60, for the benefit of the Agency's Housing Fund for partial reimbursement to the Agency's Housing Fund for its initial participation in the Project, including the purchase of the Parking Parcel, setbacks and easements, and initial building and site demolition costs, WHEREAS, The remaining balance of the Housing Fund's payments and outlays in its participating in the Residential Project is five hundred forty six thousand nine hundred seventy dollars ($546, 970) after deducting the City's payment of the purchase price for the Parking Parcel, and the Agency Note payable to the Housing Fund, which remaining balance is to be absorbed by the Housing Fund, WHEREAS, the Agency is desirous of authorizing Wessman to construct a 146 space public surface parking lot on the Parking ' Parcel, including landscaping and lighting to current City standards, for costs to be paid by the City to Wessman, as provided in the Amended DDA, and WHEREAS, the Agency finds that the sale of the Parking Parcel and the construction of a well designed, lighted, landscaped and engineered public parking facility will assist in the elimination of blight in the Central Business District Redevelopment Area of the City of Palm Springs by serving the needs of the retail, restaurant and office development of Plaza Mercado, as well as provide access for fire protection, trash removal and other service vehicles to the area, NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment. Agency of the City of Palm Springs as follows: Section 1 . Recitals. The above recitals are all. true and correct. 627/014084-0006/3161367.1 R05126/98 -2- R1039 Page 3 Section 2 . Sale of Parking Parcel. The Agency approves the Purchase Agreement for the 'sale of that certain property located at 151 South Palm Canyon Drive within the Central Business District Redevelopment Area of the City of Palm Springs, and referred to herein as the "Parking Parcel" to facilitate the provision of sufficient parking within the Central Business District Redevelopment Area of the City of Palm Springs. Section 3 . Purchase Price. The Agency agrees to sell the Parking Parcel, pursuant to the Purchase Agreement for a total of $1, 706, 060, to be paid by the City's Parking Fund to the Agency's Housing Fund. Section 4 . Agency Note. Pursuant to the terms of the Purchase Agreement, the Agency agrees to execute a Promissory Note in the amount of $546, 970, at the annual interest rate of 6%, for the benefit of the Agency's Housing Fund for partial reimbursement to the Agency's Housing Fund for its initial participation in the Project, including the purchase of the Parking Parcel, setbacks and easements, and initial building and site demolition costs. Section 5 . Balance of Housing Fund's Investment. Pursuant to the terms of the Purchase Agreement, the remaining balance of the Housing Fund's payments and outlays in its participating in the Residential. Project is five hundred forty six thousand nine hundred seventy dollars ($546 , 970) after deducting the City's payment of the purchase price for the Parking Parcel, and the Agency Note payable to the Housing Fund, which remaining balance shall be entirely borne solely, and absorbed, by the Housing Fund. Section 6. Public Interest. The Agency finds that the sale of the Parking Parcel and the construction of a well designed, lighted, landscaped and engineered public parking facility will assist in the elimination of blight in the Central Business District Redevelopment Area of the City of Palm Springs by serving the needs of the retail, restaurant and office development of Plaza Mercado, as well as provide access for fire protection, trash removal and other service vehicles to the area. 627101408d-MG6/3161367.1 n05/26/98 -3- R1039 Page 4 ADOPTED this 6th day of May 1998. AYES: Members Barnes, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: Member Oden ABSTAIN: Member Hodges ATTEST; COMMUNITY REDEVELOPMENT AGENCY OF THE �CITY � OF PALM SPRINGS s istant Secretary Chzfirinan REVIEWED AND APPROVED AS TO FORM: Agency sel 1 627/014084-1AII16/3161367.1 a05/26/99 —4— RESOLUTION NO. 1040 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT SAID IMPROVEMENTS ARE OF BENEFIT TO THE BARISTO-FARRELL? PROJECT AREA NUMBER 9, AND CANYON REDEVELOPMENT PROJECT AREAS AND APPROVING BUDGETS FOR PALM SPRINGS UNIFIED SCHOOL DISTRICT, COLLEGE OF THE DESERT AND RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLIMPROVEMENTS. - - - - - - - - - - - - - - - - - - WHEREAS the Community Redevelopment Agency of the City of Palm Springs and the Palm Springs Unified School District, College of the Desert and Riverside County Superintendent of Schools ("Agencies") entered into agreements to allocate certain funds from the Baristo-Farrell, Project Area Number 9, and Canyon Redevelopment Project Areas to construct certain eligible capital) improvements to facilities which benefit the areas; and WHEREAS pursuant to these agreements, the Agencies have submitted budgets for fiscal year 1997-98 for the following: Project Area Agency Baristo-Farrell No. 9 Canyon Total Palm Springs Unified $37,010 21,720 36,951 95,681 e College of the Desert 10,501 6,205 10,576 27,282 County Superintendent 5,713 0 0 5,713 WHEREAS the proposed budgets are eligible expenditures as outlined in the agreements. NOW THEREFORE be it resolved that the Community,Redevelopment Agency of the City of Palm Springs, California, does hereby resolve the following: SECTION 1. The proposed improvements identified in the proposed budgets are hereby found to be of benefit to the Baristo-Farrell, Project Area Number 9 and Canyon Redevelopment Project Areas and its residents and businesses. SECTION 2. The proposed budgets submitted by the Agencies are hereby approved. ADOPTED this 20th day of May , 1998 AYES: Plembers Barnes, Hodges , Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None Member Oden-College of the Desert ABSTAIN: ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Y Q. ,�sistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM: RESOLUTION NO. 1041 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A BUDGET FOR THE COMMUNITY REDEVELOPMENT FUND FOR THE FISCAL YEAR 1998-99. WHEREAS, a budget for the fiscal year 1998-99 has been prepared by the Community Redevelopment Agency Redevelopment Director and the Agency Treasurer; and WHEREAS, the Community Redevelopment Agency has examined said budget and conferred with the Community Redevelopment Agency Director; and WHEREAS, the Community Redevelopment Agency, after due deliberation and consideration, agrees with the budget recommended, including the Community Redevelopment Agency Administration Fund budget, NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. That the budget in the amount of $7,235,118 be approved for the following purposes Capital Debt & Admin. Service ' Central Business District $ 189,678 $ 1,144,992 Tahquitz Andreas 62,053 880,646 South Palm Canyon 36,734 144,541 Ramon Bogie 7,225 387,640 Oasis 3,144 134,197 North Palm Canyon 56,370 197,583 Highland Gateway 23,741 33,998 Baristo Farrell 50,318 456,450 City-wide 24,955 380,964 Canyon Development 23,530 273,427 Low & Mod. Income Housing 144,095 509,124 Plaza Theater 2,069,713 0 $ 2,691,556 S 4,543,562 Section 2. That the Finance Director of the City of Palm Springs is authorized to record the budget and such other accounting entries as may be necessary for proper accounting treatment in accordance with rules and regulations applicable to other City of Palm Springs funds. ADOPTED this 3rd day of June , 1998 AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: N6ne ATTEST: C MMUNITY REDEVELOPMENT AGENCY _ C PPIfM R NGS, ALIFONI� BY— _ -'ems Lj�dsistant Secretary /� / Chairman REVIEWED & APPROVED v C2� - �- RESOLUTION NO. 1042 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GRANTING OF AN ADDITIONAL EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR AN ELECTRIC TRANSFORMER TO SERVE PLAZA MERCADO, LOCATED AT 150 SOUTH PALM CANYON DRIVE, AND THE CITY'S ADJACENT PARI:ING LOT. WHEREAS Wessman Development Company is the owner of Parcel 2 of Parcel Map No. 27774 and is constructing a commercial building known as Plaza Mer- cado on this Parcel with the street address of 150 South Palm Canyon Drive; and WHEREAS Wessman Development Company has requested electrical service to this properly from Southern California Edison Company; and WHEREAS Southern California Company has requested the Agency to to grant an easement across their Parcel 1 of Parcel Map No. 27774 for the construction and maintenance of of a transformer as part of their underground electrical facilities to serve Plaza Mercado, the location of said easement being more par- ticularly described in the Grant of Easement document and shown on the Par- cel Map attached hereto; and WHEREAS granting of the easement requested by the Edison Company will not interfere with public parking lot irnprovemenls to be constructed by the Agency on Parcel 1 in the near future and will be in the best interest of the City. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: Section 1. Granting an easement to Southern California Edison for the installation of a transformer as part of underground electrical facilities to serve 150 South Palm Canyon Drive at the location described in the attached Grant of Easement and shown on the plat attached is hereby approved. Section 2. The City Manager and City Clerk are hereby authorized to ex- ecute the said Grant of Easement on behalf of the Communi- ty Redevelopment Agency of the City of Palm Springs. Section 3. The City Clerk is hereby authorized to record said Grant of Easement in the office of the County Recorder of Riverside County. Adopted this 3rd day of Judy, 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ABSTAIN: Member Hodges ATTEST: COMMUNITY REDEVELOPMENI'AGENCY CT�K4A GS, CALIFOPtNIA C3Asistant Secretary Chairman REVIEWED AND APPROVFA — RESOLUTION NO. 1043 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A GRANT OF EASEMENT TO THE AMERICAN LEGION ' FOR THE RELOCATION OF THE AMERICAN LEGION HALL SEWER LINE IN SECTION 15, TAS., RAE. WHEREAS, the American Legion Hall is located at 400 North Belardo Road in the City of Palm Springs; and WHEREAS, the sewer line servicing the American Legion Hall needs to be moved so that it runs southerly from the rear of the American Legion Hall onto the adjoining property, and then run westerly across the adjoining property to a lateral in Behudo Road; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs is the owner of the adjoining property south of the American Legion Hall property; and WHEREAS, the American Legion has requested the Community Redevelopment Agency to grant an easement over that strip of land described and shown on the Grant of Easement document on file in the City Clerk's Office for the purpose of relocating the subject sewer line. ' NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: 1. That the Community Redevelopment Agency authorizes the Grant of Easement for the purpose of moving the American Legion Hall sewer line, City Project No. 98-09. 2. The Executive, Director and the Secretary are hereby authorized to sign all documents, on forms approved by the City Attorney, on behalf of the Community Redevelopment Agency, necessary to consummate the Grant of Easement to the American Legion. 3. The City Clerk is hereby authorized to record said Grant of Easement in the Office of the County Recorder of Riverside County. ADOPTED this 3rd day of June , 1998. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY /' of t e1C+i'ty of Pa prings, California. Assistana Secretary Chairman REVIEWED AND ADOPTED AS TO FORM: ��� esa �— R98-010 RESOLUTION NO. 1.04 4 APPROVING THE MID-TERM REVIEW OF THE REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA WHEREAS, all redevelopment agencies in California were required by the Community Development Reform Act of 1993 ("AB 1290") to adopt an"implementation plan" prior to December 31, 1994, and to readopt an implementation plan every five years thereafter, and WHEREAS, AB 1290 also included a"mid-term review" requirement, requiring agencies to conduct a public hearing no less than two years nor more than three years afler the adoption of the Implementation Plan, to allow the community to review the progress of the Agency; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs adopted its Implementation Plan on March 15, 1995 and is now due to adopt the Mid-Term Review. NOW, THEREFORE, be it resolved that the Community Redevelopment Agency of the City of Palm Springs, California, hereby approves the Mid-Term Review of the Redevelopment Plan and Implementation Plan for the Community Redevelopment Agency. ADOPTED this 15th day of July , 1998. AYES; Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None COMMUNITY REDEVEI-OPMENT AGENCY of the ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By - Assistant Secretary Chai rman REVIEWED AND APPROVED: —�3 RESOLUTION NO. 1045 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 1997-98 TO THE FISCAL YEAR 1998-99. WHEREAS the Community Redevelopment Agency of the City of Palm Springs has adopted a budget for the 1997-98 fiscal year; and WHEREAS certain projects budgeted in the 1997-98 fiscal year budget have been started but not completed; and WHEREAS the unencumbered balances of those certain appropriations are necessary for completion of the projects; NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs hereby authorizes the carrying forward to the nearest dollar, as continuing appropriations into the 1998-99 fiscal year, the amount indicated or the final audited unencumbered balances, whichever is the lesser amount, as of June 30, 1998 of the following accounts: ACCOUNT NO. ACCOUNT TITLE AMOUNT 813-0182-7934 Low Interest/Revolving Loan Program $ 38,385 813-0182-8125 Landscaping/Street Furniture 7,000 816-0185-7973 Desert Shadows Project 8,588 816-0185-8040 Frances Stevens Festival Center 58,700 ' 816-0185-8126 Uptown Lighting Program 17,597 817-0186-7940 Commercial Rehab Construction 64,650 902-0181-7728 Relocation Assistance 34,929 902-0181-7942 Section 202 Senior Housing 31,870 902-0181-7949 HOME Program 187,656 902-0181-8043 Ramon Road Apartments 2,759 All appropriations are approved subsequent to passage of this resolution, but prior to the end of the 1997-98 fiscal year. ADOPTED this 29th day of July , 1998. AYES: Members Barnes, Hodges, Oden and Reller-Spurgin NOES: None ABSENT: Mayor Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM ` SPRINGS By � 's.slstant Secretary cnairman REVIEWED & APPROVED NV 3 RESOLUTION NO. 1046 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH WE STAR ASSOCIATES, INC. OF COSTA MESA, CALIFORNIA FOR THE PURCHASE AND DEVELOPMENT OF A REDEVELOPMENT- AGENCY-OWNED PARCEL IN THE RAIv1ON-BOGIE REDEVELOPMENT PROJECT AREA(AREA 44) WHEREAS the Community Redevelopment Agency does own a parcel of land of approximately 14 acres in Project Area#4, the Ramon-Bogie Project Area; and WHEREAS the Agency desires to sell the parcel to a developer that can return the land to productive use, including the generation of sales tax for the City of Palm Springs, and WHEREAS Westar Associates, Inc. of Costa Mesa has requested the Agency to enter into an Exclusive Agreement to Negotiate on the parcel while they determine the feasibility of developing the site; NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, that the Exclusive Agreement to Negotiate between the Agency and Westar Associates, Inc. is hereby approved. ADOPTED this 2nd day of September 19 9$ AYES: Members Barnes, Hdoges, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ,� qp By t�IN }-Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. 1047 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE ACQUISITION OF THE PLAZA THEATRE PURSUANT TO THE TERMS OF AGREEMENT NO. 201, DATED FEBRUARY 1, 1989 BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California, as follows: Section 1. The Agency approves the purchase of the Plaza Theatre, as described in Agreement No. 201 dated February 1, 1989, in the amount of $1,925,498, plus all title and escrow fees. Section 2. That the Executive Director and Assistant Secretary are hereby authorized to sign all documents on behalf of the Agency necessary to consummate the acquisition of said property. Section 3. That the Assistant Secretary is hereby authorized to accept the Grant Deed and arrange for it to be recorded in the County Recorder's office on behalf of the Agency. ' Adopted this 28th day of September 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Chairman Kleindienst NOES: None ABSENT: Member Hodges ABSTAIN: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA t By ' Assistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM: /j� RESOLUTION NO. 1048 _ RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO BUSINESS LEASE NO. PSL-315, ASSIGNMENT AND AMENDMENT OF SUBLEASE AND TERMINATION OF SUB-SUBLEASES, ASSIGNMENT OF SUBLEASE, ASSIGNMENT AND TERMINATION OF SUB- SUBLEASES, MEMORANDUM OF AMENDMENT TO SUBLEASE (HOTELS I-XI) , AUTHORIZING THE REDEMPTION OF CERTAIN VARIABLE RATE DEMAND OBLIGATION BONDS, AUTHORIZING THE EXECUTION OF CERTAIN OTHER AMENDMENTS AND CERTIFICATES, AND AUTHORIZING CERTAIN OTHER OFFICIAL ACTIONS IN PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO Recitals A. The City of Palm Springs (the "City" ) is the current holder of the lessee' s interest under that certain Business Lease No. PSL-315 dated February 28, 1984 between the 18 individuals named therein as lessor (collectively, the "Ground Lessor" ) and Shale Energy Corporation of America, a Texas corporation, as lessee , (a memorandum of which lease was recorded on December 30, 1985 as Instrument No . 293741 in the Official Public Records of Riverside County, California) , together with that certain activation letter dated May 1 , 1984 , executed by Shale Energy Corporation of America (as approved by the United States Department of the Interior, Bureau of Indian Affairs (the "BIA" ) pursuant to an approval dated July 23 , 1984 , which approval was modified by a Modification of Approval of Option dated August 20, 1984) and that certain Estoppel Certificate and Amendment to Lease of even date herewith (as approved by the BIA pursuant to an approval of even date herewith) (collectively, the "Master Lease" ) . B . A portion of the property covered by the Master Lease is subleased to the Community Redevelopment Agency of the City of Palm Springs (the "Agency" ) pursuant to that certain Sublease (Hotels I- XI) (the "Sublease") dated December 31, 1984, by and between the predecessor-in-interest of the City and the Agency (a memorandum of which sublease was recorded on December 30, 1985 as Instrument No. 293742 of the Official Public Records of Riverside County, California) as supplemented by the certain Supplement (For Purpose of Conforming Legal Description) to Sublease recorded on December 20, 1993 as Instrument No. 504374 of said Official Public Records, covering the real property described on Exhibit A attached thereto (the "Leased Premises" ) . 124/014084-0114/3205106 1 a10/02/98 1 R1048 Page 2 C . The Leased Premises have been further subleased pursuant to those 11 certain Sub-subleases (collectively, the "Sub- subleases" ) dated December 31 , 1984 , between the Agency and Crow (Memoranda of such Sub-subleases were recorded December 30 , 1985 as Instrument Nos . 293744, 293753 , 293762 , 293771 , 293780 , 293789, 293798 , 293807, 203816, 293825, 293834 , respectively, in the Official Public Records of Riverside County, California) . D. Concurrently herewith, AP/APH Palm Springs, L. P. ( "AP/APHID is purchasing (the "Acquisition" ) all of the interest of the "Sub-sublessee" in and to, among other things, the leasehold estate in the Leased Premises and the hotel known as "Wyndham Palm Springs" and the other improvements (collectively, the " Improvements" ) located on the Leased Premises (said leasehold estate and Improvements are collectively referred to herein as the "Property" ) . E . The Sublease was entered into with the Agency for the purposes of facilitating the financing of construction of the Improvements through the issuance of Variable Rate Demand Obligation Bonds (the "Bonds" ) . In conjunction with the purchase of the Property by AP/APH, the Bonds are being defeased, the Agency has agreed to assign all of its right, title and interest in and to the Sublease to AP/APH and the City and AP/APH have agreed to amend certain provisions of the Sublease as hereinafter set forth. F . From and after the Acquisition and assignment of the Sublease to AP/APH, AP/APH would hold all of the interests of the sub-sublessor and the sub-sublessees under the Sub-subleases and the estates would merge; therefore, Crow, the Agency and AP/APH desire to terminate the Sub-subleases so that from and after such termination, the Agency will be the "Sublandlord" and AP/APH will ' be the "Subtenant" under the Sublease . G . AP/APH anticipates obtaining financing (the "Financing" ) in the future from an institutional lender (a "Lender" ) to be secured by certain liens, security interests and assignments covering, among other things, the Property (collectively, a "Mortgage" ) . H. The Sub-sublessees have requested the Agency to provide for the redemption by payment of the Bonds by way of an authorized draw upon the Letter of Credit provided as security in relation to the Bonds . I . It is in the public interest that the City and the Agency facilitate the Acquisition in that the Acquisition will facilitate economic development and maintain continuity in the provision of hotel services to the City, its residents, and its tourist population. 124/014084-0114/3205106.1 a10/02M 2 R1048 Page 3 NOW, THEREFORE, the Board of Directors of the Community Redevelopment Agency of the City of Palm Springs does hereby resolve as follows : Section 1 . Approval of Legal Documents . The proposed forms of the legal documents specified on ]Exhibit A, which documents are currently on file with the Secretary (the "Documents" ) , are hereby approved. The Chairperson, Vice Chairperson, Executive Director, Assistant Executive Director, or Treasurer are hereby authorized and directed to execute and deliver, and the Secretary is hereby authorized and directed to attest and affix a seal of the Agency, to the Documents in substantially the form on file with the Secretary with such additions thereto or changes therein as are approved by the Executive Director or Assistant Executive Director or Treasurer with the consultation of the City Attorney or Special Counsel , the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the documents by the Chairperson, Vice Chairperson, Executive Director,' Assistant Executive Director or Treasurer. Section 2 . Approval of Redemption of the Bonds . The Agency hereby approves the redemption by way of payment of the Bonds and the execution of any and all documents approved by the Executive Director, the Assistant Executive Director or the Treasurer in consultation with the City Attorney or Special Counsel which release, defease, or extinguish the City' s and/or Agency' s liens on any property, real , personal or otherwise which secured directly or indirectly, the Bonds . Section 3 . Effective Date . The approvals, consents, and authorizations contained herein are binding, effective, and operative upon the issuance and release of the Final Approving Opinion of Rutan & Tucker, LLP as City Attorney and Special Counsel of the City and the Agency. Section 4 . Official Action. The Chairperson, Vice Chairperson, Executive Director, Assistant Executive Director, Treasurer, Secretary, City Attorney, Special Counsel , and any and all officers of the Agency are hereby authorized and directed, for and in the sake and on behalf of the Agency, to do any and all things and take any and all actions including execution and delivery of any and all assignments,' certificates, requisitions, agreements, notices, consents, instruments of conveyance, releases, discharges, warrants, and other documents which, in the opinion of the City Attorney or Special Counsel , may be deemed necessary or advisable in order to consummate the Acquisition and the redemption of the Bonds . 124/014084-0114/3205106.1 a10102/98 3 R1048 Page 4 ADOPTED this 7th Day of October, 1998 . AYES : Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES : None ABSENT: None ' ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA As`si-stant Secretary Chairman REVIEWED AND APPROVED 124/014084-0114/3205106.1 a10/02/98 4 1 EXHIBIT A APPROVAL DOCUMENTS (1) Amendment to Lease (Business Lease PSL-315) by and among the parties identified on Exhibit A attached thereto (collectively, "Ground Lessor" ) , the United States Secretary of the Interior (the "Secretary" ) acting by and through its duly authorized representative, the City of Palm Springs, a municipal corporation (the "City" ) and AP/APH Palm Springs, L. P. , a. Delaware limited partnership ( "AP/APH" ) . (2) Estoppel Certificate by and among the Ground Lessor, the Secretary, the City, and AP/APH. (3 ) Memorandum of Amendment to Lease by and between the Secretary and the City. (4) Assignment and Amendment of Sublease and Termination of Sub-subleases, by and among the Community Redevelopment Agency of the City of Palm Springs (the "Agency" ) , the City, Hotel and Convention Center Partners I , Ltd. , Hotel & Convention Center Partners, II , Ltd. , Hotel & convention Center Partners III , Ltd. , Hotel & Convention Center Partners, IV, Ltd. , Hotel & Convention Center Partners V, Ltd. , Hotel & convention Center Partners VI , Ltd. , Hotel & Convention Center Partners, VII , Ltd. , Hotel & Convention Center Partners, Viii , Ltd. , Hotel & Convention Center Partners IX, Ltd. , Hotel & Convention Center Partners X, Ltd. , and Hotel & Convention Center Partners XI , Ltd. , each a California limited partnership (collectively, "Crow" ) and AP/APH. (5) Guaranty of TCF Hotels, L. P. (6) Assignment of Sublease by and between the Agency and AP/APH. (7) Assignment and Termination of Sub-subleases, by and among the Agency, Crow, and AP/APH. (8) Memorandum of Amendment to Sublease (Hotels I-XI) by and between the City and AP/APH. 124/014084-0114/3205106.1 a10/02/98 5 RESOLUTION NO. 1049 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE LISTING AGREEMENT FOR THE ' SALE OF AGENCY-OWNED PROPERTY WITH INGRID BADDOUR & ASSOCIATES AND REVISING THE LISTING PRICES WHEREAS, the Community Redevelopment Agency of the City of Palm Springs is desirous of selling certain property located in the City of Palm Springs ("Property"), and described in Exhibit "A" of this Resolution, in accordance with Government Code Section 37420 et and WHEREAS, the Community Redevelopment Agency directed staff to develop a process to select a private real estate broker to represent the Property, and a broker was contracted in May, 1998 for such purpose; and WHEREAS, pursuant to Government Code Section 37421, the Agency used a collective process and three separate real estate brokerages to determine the market value of the property; and WHEREAS, the broker has received, as of November 15, 1998, a total of five separate written offers on four different parcels and continues to work diligently on Selling the Property; and ' WHEREAS, the broker has requested that the listing be extended past its expiration of November 26, 1998 for a period of six months, expiring on May 26, 1999, and that the posted listing prices be revised to more accurately reflect market conditions. NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, as follows: Section 1. The listing agreement with Ingrid Baddour&Associates is renewed and extended until May 26, 1999. Section 2. The listed prices for the Agency-owned Properties are revised according to Exhibit"A" of this resolution. Section 3. The Executive Director is authorized to sign all agreements and contracts related to this listing agreement or the sale of this Property. ADOPTEDthis 2nd dayof December ' 1998. AYES: Members Barnes, Hodges, Oden and Reller-Spurgin NOES: None ABSENT: None ABSTAIN: Chairman Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By L- iMsistant Secretary Chairman.- REVIEWED& APPROVED AS TO FORM EXHIBIT "A Posted Sale Prices for Agency-Owned Property Prop Property Name/Address/ Original Revised No. Size/Parcel Number Listing Price Listing Price A5. Casa del Camino $575,000 (these $575,000 1479 N. Palm Canyon Drive parcels are to be 32,852 s.f./505-182-004 sold together) C43. Reservoir Lot 1.0 Acre. 505-182-010 A6. Ramon Road Apartments $29,000 Remove from 3845, 3847, 3849, 3851 Ramon listing 9,150 s.f./680-041-004 A9. Desert Park Estates No. 3 $14,000 $10,000 Comer Rochelle & Deborah Rd. 11,025 s.f./501-294-018 AT Desert Highland Res. Parcel $5,000 $5,000 662 Las Vegas Road e 10,950 s.f./669-353-001 A10. Desert Highland Estates Lot 19 $15,000 $15,000 Corner Las Vegas Rd./El Dorado Blvd 100 X 72 /669-414-010 All. Desert Highland Estates $8,000 $8,000 El Dorado, South of Corozon Ave. 30 X 100 s.L/669-414-018 RESOLUTION NO. 1050 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WHI L HOCHANADEL, INC. FOR THE INSTALLATION OF HERITAGE DLS- TRICT SIGNAGE, LIGHTING AND LANDSCAPING IMPROVEMENTS IN THE "UPTOWN' AREA IN THE AMOUNT OF $8,214.00. WHEREAS the approved Fiscal Year 1998-99 Budget for the North Palm Canyon Redevelopment Area includes a Capital Project item for "Uptown lighting and Signage; and WHEREAS Agency staff has retained professional architects and landscape archi- tects to design signage, lighting and landscaping elements appropriate to this task and to secure approvals by the appropriate City departments, and the necessary approvals have been granted; and WHEREAS the Engineering Department of the City of Palm Springs has obtained competitive bids for the installation of these improvements according to appro- priate City procedures for this activity; and WHEREAS the firm of Hochanadel, Inc. was the low bidder resulting from this process. ' NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs award a contract to Hochanadel, Inc. in the amount of$8,214.00 for the installation of lighting and signage improvements. Adopted this 2nd day of December, 1998. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY n F P__��S , GS, ORNIA By Assistant Secretary / Chairman REVIEWED AND APPROVED1— c �� - b - 3