HomeMy WebLinkAbout1/1/1996 - CRA RESOLUTIONS RESOLUTION 996
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS APPROVING THAT FIRST
SUPPLEMENT TO INDENTURE OF TRUST
WHEREAS, the City of Palm Springs Financing Authority, a joint
powers authority duly organized and existing under the laws of the
State of California (the "Authority") , the Community Redevelopment
Agency of the City of Palm Springs, a California Redevelopment
Agency ( "Agency" ) , and Bank of America National Trust And Savings
Association, a national banking association organized and existing
under the laws of the State of California with a corporate trust
office in Los Angeles, California (the "Trustee") entered into that
Indenture of Trust dated as of September 1, 1991 (the "Indenture" ) ;
and
WHEREAS, pursuant to the Indenture, the Authority issued its
Revenue (Tax Allocation) Bonds, 1991 Series B Bonds (the "Bonds" ) ;
and
WHEREAS, to further secure payment of the Bonds, the Agency
and the Authority entered into that Loan Agreement No. 1, dated as
of September 1, 1991 (the "Loan Agreement") ; and
WHEREAS, pursuant to the Loan Agreement, the Authority made
certain loans to the Agency in the aggregate amount of
$14, 030, 000 . 00 (the "Loans") ; and
WHEREAS, one of the Loans consisted of a housing loan in the
amount of $6, 275, 000 . 00 (the "Housing Loan" ) ; and
WHEREAS, the Housing Loan is secured by a pledged lien upon
housing tax revenues, as defined in the Indenture ( "Housing Tax
Revenues" ) ; and
WHEREAS, pursuant to the Indenture and the Loan Agreement,
Housing Tax Revenues are defined to consist of that portion of Tax
Increment Revenues, as defined in the Indenture, of certain
redevelopment projects required to be deposited into the Agency' s
Low and Moderate Income Housing Fund pursuant to Section 33334 . 3 of
the Redevelopment law for the purpose of increasing or improving
the supply of low and moderate income housing in the community; and
WHEREAS, Housing Tax Revenues are currently limited to tax
increment revenues deposited into the Agency' s Low and Moderate
Income Housing Fund derived from the Central Business District
Redevelopment Project, the North Palm Canyon Redevelopment Project,
the South Palm Canyon Redevelopment Project, the Ramon-Bogie
/M
PS2\124\014084-(H)97\2178156.1 nUl/08/96 I a' 6
R996
Page 2 ra 6 .
Redevelopment Project, and the Baristo-Farrel Redevelopment
Project; and
WHEREAS, the parties to the Indenture now desire to expand the
definition of Housing Tax Revenues to include Tax Increment
Revenues generated from all project areas located within the City
of Palm Springs (the "City") , except the Canyon Redevelopment
Project Area, to provide additional security to the Owners of the
Bonds; and
WHEREAS, pursuant to Section, 7 . 01 of the Indenture, the
parties to the Indenture may modify, or amend the Indenture by way
of an adoption of the Supplemental Indenture without the consent of
the Owners of the Bonds for, among other reasons, to add to the
covenants and agreements of the Agency in the Indenture, other
covenants and agreements thereafter, to be observed, or to limit or
surrender any rights or powers herein reserved to or conferred upon
the Authority so long as such limitation or surrender of such
rights or powers shall not materially adversely affect the Owners
of the Bonds ; and
WHEREAS, the Agency has determined that tale adoption of this
Supplemental Indenture will not materially adversely affect the
Owners of the Bonds .
NOW, THEREFORE, the Community Redevelopment Agency of the City
of Palm Springs does hereby resolve as follows :
Section 1 . The proposed form of the :First Supplement to
Indenture of Trust, dated as of January 15, 1996, by and among the
Authority, the Agency, and the Trustee (the "Supplemental
Indenture") , in substantially the form on file with the Secretary,
with any amendments approved by the Executive Director, is hereby
approved. The Chairperson or Executive Director or Assistant
Executive Director is hereby authorized and directed to execute and
deliver, and the Secretary is hereby authorized and directed to
attest and affix the seal of the Agency to the Supplemental
Indenture in substantially said form, with such additions thereto
or changes therein as are approved by the Executive Director upon
consultation with Bend Counsel and the Authority' s Financing
consultant, the approval of such additions or changes to be
conclusively evidenced by the execution and delivery of the
PS2\124\014084-0097\21781561 a01/08196
R996
Page 3
Supplemental Indenture by the Chairperson or Executive Director or
Assistant Executive Director.
ADOPTED THIS 17th day of January 1996 .
AYES : MEMBERS Barnes, Oden, Spurgin and Chairman Kleindienst
NOES : Member Hodges
' ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF rPALM SPRINGS
V` Secretary Chairperson
Reviewed and Approved
C r ew �n
P82\1241014084-009712178156.1 a01/08/96
RESOLUTION NO. 997
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE OWNER
PARTICIPATION AGREEMENT (OPA) WITH
MAGRUDER CHEVROLET/GEO FOR
REDEVELOPMENT OF A PARCEL WITHIN THE '
SOUTH PALM CANYON REDEVELOPMENT
PROJECT AREA.
----------------------
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs, California ( +Agency ) is ,constituted under the Community
Redevelopment Law (California Health and Safety Code Section 33000
et. se . ) to carry outthe purpose as the redevelopment in the City
of Palm Springs ("the City") ; and
WHEREAS, on December 30, 1983 , by , Ordinance Number 1203 , the City
Council of the City of Palm Springs approved and adopted a
Redevelopment Plan for the South Palm Canyon Redevelopment Project
Area ("the Plan") ; and
WHEREAS, Magruder Chevrolet/Geo has been in the same location for
28 years and, as requested by General Motors, needs to refurbish
and improve its site; and
WHEREAS, Magruder Chevrolet/Geo is proposing reconstruction of the
total frontage of its property bordering on South Palm Canyon and
Mesquite; and
WHEREAS, Magruder has requested financial assistance in the form of
a loan against increased sales tax receipts, for remodeling and
improving its present site; and
WHEREAS, the loan would be no more than $2001, 000, with the first
payment of $40, 000 payable within 60 days of the issuance of a
building permit from the City; and
WHEREAS, funding for this project has been allocated in this year's
South Palm Canyon Redevelopment Project Area budget.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of: Palm Springs as follows:
SECTION 1. The above recitals are 'true and correct and
incorporated herein.
SECTION 2 . The Agency does hereby find and determine as
follows:
a) The proposed projiact: effectuates the
purposes of the Plan and is in the
highest and best interest of the City of
Palm Springs and of the Project Area, and
is intended to result in the development
and revitalization of a portion of the
City which will help expand and diversify
the City's economic base.
(b) The Owner Participation Agreement (OPA)
effectuates the purposes of the Community
Redevelopment Law as it is intended to
eliminate blight and promote the health,
safety and general welfare of the people
of Palm ',Springs.
ro, c-3
Magruder Resolution 997 �� A
January 20, 1996
Page 2
SECTION 3 . The loan would be no more than $200, 000, with
' the first payment of $40, 000 payable within 60
days of the issuance of a building permit from
the City, which sum is to be held in trust by
Magruder to be used solely for the cost to
construct the Project and subsequent annual
loan disbursements not to exceed $20, 000, as
outlined in the OPA.
SECTION 4 . If all commitments entered into by this
agreement on the part of Magruder
Chevrolet/Geo are fulfilled and goals of the
project are achieved, the principal amount of
this note will be forgiven over a period of
ten (10) years, as defined in the OPA.
SECTION 5. The proposed project is consistent with the
Implementation Plan for this area, insofar as
this project will increase tax increment and
will expand an already-existing successful
business.
SECTION 6. Based on foregoing reasons, the OPA is hereby
approved and incorporated herein by this
reference.
SECTION 7. The Chairman of the Agency, and/or his
' designee, is authorized to execute all
necessary documents, in a form approved by the
Agency Counsel.
ADOPTED this 17th_ day of January , 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Asgi Cant Secretary Chairman
REVIEWED & APPROVED �.,.
RESOLUTION NO. 998
OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY, APPROVING PROGRAM GUIDELINES FOR A
$100,000 COMMERCIAL REHABILITATION LOAN
PROGRAM IN HIGHLAND-GATEWAY PROJECT ,AREA '
(PROJECT AREA #7)
WHEREAS the Community Redevelopment Agency of Palm Springs, California desires to
improve the business climate and increase private investment in its project areas; and
WHEREAS, the Agency recognizes that one of the most pressing needs facing small businesses
is business credit for property enhancement; and,
WHEREAS, the Agency wishes to support economic development in its Highland-Gateway
Redevelopment Project Area (Project Area #7); and
WHEREAS, the Agency appropriated $100,000 for a Commercial Rehab Loan Program in the
Highland-Gateway Project Area in Fiscal Year 1994-95 to facilitate the development of
commercial properties in the area; and
NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs,
California, does hereby resolve the following:
SECTION 1. It is appropriate for financial assistance to be provided for improvements which
will benefit the community as a whole. Such assistance will encourage the
improvement of real property and assist in eliminating blight.
SECTION 2. The Program meets a demand for business financing in the Project Area which,
at the interest rate provided, is not readily available in the private sector and will
permit the improvement of properties not otherwise eligible for assistance.
SECTION 3. This program fulfills the purposes,of the Redevelopment Plan, since it (a) directs
the funds towards construction of improvements which will enhance the property,
(b) leverages private investment, (c) requires the borrower to enter a property
maintenance agreement, (d) provides appropriate security and (e) contains other
provisions to effectuate the Redevelopment Plan and the Implementation Plan.
SECTION 4. The program outline for the Highland-Gateway Redevelopment Project Area
Property Improvement Program including all three subsections, Tenant
Improvement, Owners' Exterior Property Enhancements, and Loan Guaranty
Program, are hereby approved.
SECTION 5. The Executive Director or his designee are authorized to sign all necessary
documents in a form approved by the City Attorney.
ADOPTED this 17th day of January 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
i
By �� � -- �
Assistant Secretary— Chairman
REVIEWED AND APPROVED:
RESOLUTION NO. 999
OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY, APPROVING A $20,000 LOAN GUARANTY THROUGH
ITS HIGHLAND-GATEWAY PROPERTY IMPROVEMENT
PROGRAM (PROJECT AREA #7)
' WHEREAS the Community Redevelopment Agency of Palm Springs, California desires to
improve the business climate and increase private investment in its project areas; and
WHEREAS, the Agency recognizes that one of the most pressing needs facing small businesses
is business credit for property enhancement; and
WHEREAS, the Agency wishes to support economic development in its Highland-Gateway
Redevelopment Project Area (Project Area #7); and
WHEREAS, the Agency, at its January 17, 1996 meeting approved the Highland-Gateway
Property Improvement Program which allows loan guarantees of up to 50% on projects in the
area; and
NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs,
California, does hereby resolve the following:
SECTION 1. The guaranty of 50% up to $20,000 of a loan from Palm Springs Savings Bank,
FSB and Reginald Hall for the purpose of improving a commercial property on
San Rafael Road in the Highland-Gateway Redevelopment Project Area is hereby
approved.
' SECTION 2. The guarantee meets a demand for business financing in the Project Area which,
at the interest rate provided, is not readily available in the private sector and will
permit the improvement of properties not otherwise eligible for assistance.
SECTION 3. The guarantee fulfills the purposes of the Redevelopment Plan, since it (a) directs
the funds towards construction of improvements which will enhance the property,
(b) leverages private investment, (c) requires the borrower to enter a property
maintenance agreement, (d) provides appropriate security and (c) contains other
provisions to effectuate the Redevelopment Plan and the Implementation Plan.
SECTIONS 4. The guarantee shall be subject to all the restrictions contained in the Highland-
Gateway Redevelopment Project Area Property Improvement Program.
SECTION 5. The Executive Director or his designee are authorized to sign all necessary
documents in a form approved by the City Attorney.
ADOPTED this 17th day of January , 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: None
' ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
7� sistant Secretary— Chairman pp
REVIEWED AND APPROVED: _� _ �, 6.M W ..
RESOLUTION NO. 1000
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN INDEMNITY
AGREEMENT WITH STEWART TITLE FOR
PROPERTY LOCATED ON SOUTHEAST CORNER
OF VISTA CHINO AND INDIAN CANYON
---------------------
BE IT RESOLVED by the Community Redevelopment Agency of the City of
Palm Springs that the Indemnity Agreement with Stewart Title for
property located on southeast corner of Vista Chino and Indian
Canyon is hereby approved.
ADOPTED this 7th day of February , 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM 'SP1RING.S,, CALIFORNIA
By
Assistant Secretary Cha rman
REVIEWED & APPROVED --
n
RESOLUTION NO. 1001
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE `
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
LOAN GUARANTY AGREEMENT, AN OWNER
PARTICIPATION AGREEMENT, AND INDEMNIFICATION
' AGREEMENT FOR A PROJECT IN THE HIGHLAND-
GATEWAY COMMERCIAL IMPROVEMENT PROGRAM
- - - - - - - - - - - - - --
WHEREAS the City and Redevelopment Agency seek to encourage the improvement of property,
construction of new facilities, and retention of jobs within redevelopment areas; and
WHEREAS the Agency created the Commercial Improvement Program within the Highland-
Gateway Redevelopment Project Area in order to effectuate those goals within that area;
WHEREAS Palm Springs Savings Bank has agreed to participate in the Commercial
Improvement Program by making a commercial improvement loan to Reginald T. Hall and
Mollie M. Gray-Hall for a property within the Project Area located at 406, 408, 410 and 410a
San Rafael Road; and
WHEREAS said loan is being made with a guaranty from the Redevelopment Agency; and
WHEREAS the Agency desires to implement the Redevelopment Plan for the Highland-Gateway
Redevelopment Project Area, which allows for the strengthening of commercial and industrial
functions in the area, and the establishment of financial mechanisms to assist and encourage the
development of light industrial and commercial development; and
' NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs,
California, does hereby resolve the following:
SECTION 1. That the Owner Participation Agreement and Indemnification Agreement between
the Agency and Reginald Hall are approved.
SECTION 2. The Loan Guaranty Agreement between the Agency and Palm Springs Savings
Bank is approved.
SECTION 3. The Agency shall record a Second Deed of Trust against the property.
SECTION 4. The Agency finds that such assistance is necessary for the economic feasibility of
the development and that the assistance cannot be obtained in economically
feasible terms in the private market.
SECTION 5. The Executive Director or his designee is authorized to sign all necessary
documents in a form approved by the City Attorney.
ADOPTED this 6th day of March , 1996.
,YES; Members Barnes, Hodges, Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By.. �_1L
.A ant • ®cye ary Cl airman • co ra
REVIEWED AND APPROVED:
RESOLUTION NO. 1002
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING FIRST
AMENDMENT TO PURCHASE.AND SALE AND ASSIGNMENT OF
LEASE AGREEMENT RELATIVE TO 39.73 ACRES OF LAND
SOLD BY THE CITY OF PALM SPRINGS TO THE COMMUNITY
REDEVELOPMENT AGENCY.
- - - - - - - - - - 1
WHEREAS, on November 15, 1995, City Council of the City of Palm Springs adopted Resolution No.
18744 and Community Redevelopment Agency adopted Resolution No. 990, approving the document
entitled "Purchase and Sale and Assignment of Lease Agreement" (Agreement) between the City of Palm
Springs and the Community Redevelopment Agency of the City of Palm Springs, agreeing to sell a 39.73
acres of land, generally known as the Sunrise Village Mobile Home Park, to the Community
Redevelopment Agency of the City of Palm Springs; and
WHEREAS, the sales price agreed to between the City and die Community Redevelopment Agency was
based on land containing 39.73 acres; and
WHEREAS,the legal description used in the said Agreement, the Deed to the Community Redevelopment
Agency and other documents needed to finalize the Agreement, describes only Lot 1 of Tract No. 17642-
1, which contains only 38.05 acres; and
WHEREAS, the description needs to be amended to describe all of Lot 1 containing 39.05 acres, plus
a portion of Lot C containing 1.68 acres of Tract Map 17642-1; and
WHEREAS, that portion of Lot C, containing 1.68 acres, which is not a part of the land being leased
for the Sunrise Village Mobile Home Park needs to be deeded by the City of Palm Springs to the
Community Redevelopment Agency of the City of Palm Springs to vest the entire 39.73 acres in said
Agency; and
WHEREAS, die First Amendment to the "Purchase and Sale and Assignment of Lease Agreement"
corrects the legal description of the land purchased/sold by describing all of Lot 1 containing 38.05 acres
and a portion of Lot C containing 1.68 acres of Tract No, 17641-1.
NOW THEREFORE BE IT RESOLVED THE COMMUNITY REDEVELOPMENT AG!NCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, as follows:
Section 1. That the Community Redevelopment Agency approves the First Amendment to Purchase
and Sale and Assignment of Lease Agreement relative to 39.73 acres of land to correct
the legal description of the property acquired under the Agreement, and the Executive
Director is hereby authorized to execute same on behalf of the Agency.
Section 2. That the Secretary of the Community Redevelopment ,Agency is authorized to accept a
Grant Deed from the City of Palm Springs to the Community Redevelopment Agency for
a portion of Lot C of Tract No. 17642-1, being 1.68 acres of land, and the City Clerk
is authorized to arrange for the Grant Deed to be recorded in the County Recorder's
Office on behalf of the Community Redevelopment Agency of the City of Palm Springs.
ADOPTED this 3rd day of Apri 1 , 1996
AYES: Members Barnes, Hodges, Oden and Chairman Kleindienst
NOES: None
ABSENT: Member Spurgin
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OOF, PALM SPRINGS, CALIFORNIA
B � RAC (, M s9��k4k 4t
V Assistant Secretary Chairman
REVIEWED & APPROVED:
aFJ/,w "
R-96-001
/ZV '3LJ
r�_6G y RESOLUTION NO. 1003
jz�t 1S
6C"zCOF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CAL+IFORNIA, APPROVING A BUDGET FOR THE
COMMUNITY REDEVELOPMENT FUND FOR THE FISCAL YEAR 1996-97
' WHEREAS a budget for the fiscal year 1996-97 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 Administrative 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. $6,331,174 be approved for the
following purposes:
Capital Debt
& Admin Service
Central Business District $ 185,891 $1,193,631
Tahquitz Andreas 69,297 891,586
South Palm Canyon 50,586 165,222
Ramon Bogie 10,031 405,806
oasis 3,269 116,488
North Palm Canyon 324,813 217,894
Highland Gateway 39,359 28,783
Baristo Farrel 55,398 970,058
City-wide 36,731 376,841
' Canyon Development 24,239 276,663
Low & Mod. Income Housing 200,231 506,637
Plaza Theater 181,720 -0-
$1, 181,565 $5,149,609
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.
Section 3. That disbursement of funds from the Community Redevelopment Agency
Redevelopment Fund may be made without prior audit or approval of
the Community Redevelopment Agency, provided it is in conformity
with a properly adopted budget.
ADOPTED this 26th _ day of June 1996
AYES: Members Barnes, Hodges, Oden, Spurgin & Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Ass stant Secretary Chairman
' REVIEWED & APPROVED as to formj°,W. _-
�'�- C..
RESOLUTION NO. 1004
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT '
SAID IMPROVEMENTS ARE OF BENEFIT TO THE
BARISTO-FARRELL AND AREA NUMBER 9
REDEVELOPMENT PROJECT AREAS AND APPROVING
BUDGETS FOR PALM SPRINGS UNIFIED SCHOOL
DISTRICT, COLLEGE OF THE DESERT AND RIVERSIDE
COUNTY SUPERINTENDENT OF SCHOOLS IMPROVEMENTS.
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 and Area Number 9 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 1995/96 for the following:
Project Area
AgencV Baristo-Farrell No. 9
Palm Springs Unified $64,891 $18, 446
College of the Desert 18, 522 5, 265
County Superintendent 10, 072 0
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 and Area Number 9 Redevelopment Project
Areas and its residents and businesses.
SECTION 2 . The proposed budgets submitted by the Agencies are
hereby approved.
ADOPTED this 26th day of June , 1996
AYES: Members Barnes, Hodges, Oden, Spurgin & Chairman Kleindienst
NOES: None
ABSENT: None
ABSTAIN: Oden (re: COD)
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
7
Assistant Secretary Chairman
REVIEWED AND APPROVED:
CM:C:\DATA\PASS\FY9596 M
RESOLUTION NO. 1005
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING
APPROPRIATIONS FROM FISCAL YEAR 1995-96 TO THE FISCAL
YEAR 1996-97.
' WHEREAS the Community Redevelopment Agency of the City of Palm Springs has
adopted a budget for the 1996-97 fiscal year; and
WHEREAS certain projects budgeted in the 1995-96 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 1996-97 fiscal year, the amount indicated or
the final audited unencumbered balances, whichever is the lesser amount, as of
June 30, 1996 of the following accounts:
ACCOUNT NO. ACCOUNT TITLE AMOUNT
811-0180-7144 Vineyard Parking Lot 8,327
811-0180-7986 Las Casuelas Terraza 350
813-0182-7931 Heritage Trail Local Match 10,600
813-0182-7934 Low Interest/Revolving Loan Program 58,000
816-0185-7934 Low Interest/Revolving Loan Program 33,000
816-0185-7935 Heritage Trail Supplement/Link 1,550
816-0185-7936 Palm Canyon Drive Decorative Lights 34,803
816-0185-7973 Desert Shadows Project 42,364
817-0186-7940 Commercial Rehabilitation 80,000
820-0191-7811 Canyon Project Legal Fees 47,982
820-0191-7941 Pre-Construction Fees/Canyon Project 200,000
902-0181-7298 Self Help Housing 198,507
' 902-0181-7468 Housing & Econ. Rehabilitation 8,998
902-0181-7728 Relocation Assistance 6,952
902-0181-7942 Section 202 Senior Housing 44,020
902-0181-7949 HOME Program 119,772
921--0180-7609 Plaza Theatre Renovation 10,000
921-0180-7943 Courtyard Pavement Repair 10,000
• 915,225
All appropriations approved subsequent to passage of this resolution, but prior
to the end of the 1995-96 fiscal year.
ADOPTED this .1rd day of duly 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin & Chairman Kleindienst
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS _
� I
Bye
Ass1St1•n /Secretary Chairman
REVIEWED & APPROVED
C (-CJL �.
RESOLUTION NO. 1006
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN INDEMNITY
AGREEMENT WITH FIRST AMERICAN TITLE
INSURANCE COMPANY FOR THE ISSUANCE
OF A SUBDIVISION GUARANTEE FOR '
PROPERTY LOCATED ON SOUTHEAST CORNER
OF VISTA CHINO AND INDIAN CANYON
---------------------
BE IT RESOLVED by the Community Redevelopment Agency of the City of
Palm Springs that the Indemnity Agreement with First American Title
Insurance Company for the issuance of a subdivision guarantee for
property located on southeast corner of Vista Chino and Indian
Canyon is hereby approved.
ADOPTED this 3rd day of July 1996.
AYES : Members Barnes, Hodges, Oden, Spurgin & Chairman Kleindienst
NOES : None
ABSENT : None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CIgTrY OF PALM. SPRINGS, CALIFORNIA
BY r- 0
Assista�etary Chairman
REVIEWED & APPROVED
RESOLUTION NO. 1007
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE,
CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND
DETERMINING THAT NO SUBSEQUENT NEGATIVE
DECLARATION IS REQUIRED FOR THE FIRS;
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS AND THE
' AGUA CALIENTE BAND OF CAHUILLA INDIANS.
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs, California ("Agency") and ty1e Agua Caliente Band or
Cahuilla .Indians ("Tribe") entered into a Disposition and
Development Agreement for the contemplated development of an Indian
gamine facility within the Tahquitz-Andreas Redevelopment Area on
September 7 , 1994 (°PDDAn) ; and
WHEREAS, in connection with consideration and approval of the DDA,
an Environmental Assessment was prepared in compliance with the
California Environmental Quality Act ("pCEQA") and the National
Environmental. Policy Act (bONEPA10) by the City of Palm Springs and
National Indian Gaming Commission, with the assistance of the Tribe
and the Bureau of Indian Affairs; and
WHEREAS, the Agency and City adopted a :litigated Negative
Declaration in connection with the adoption of the Disposition and
Development. Agreement, which included a mitigation monitoring
program in compliance with Public Resources Code Section 21081. 6;
' and
WHEREAS, as originally proposed and analyzed, the gaming facility
contemplated to be constructed under the DDA resulted in the square
footage of approximately 119, 000 square feet, over a total area of
approximately 17. 25 acres; and
WHEREAS, the Agency and Tribe have determined it is in their mutual
best interest to amend the DDA in minor particulars, eliminating
various parties to the Agreement, eliminating various potential
commitments of Agency funds -cc, property acquisitions for the
proposed gaming site, and making minor modifications to the
location and configuration of the proposed gaming facility; and
WHEREAS, in each instance, the modifications which result in any
physical change in the environment will result in impacts which are
ecual to or lesser than those impacts already previously addressed
under the Environmental. Assessment and Mitigated Negative
Declaration already adopted for the Project; and
WHEREAS, under Title 14 , California Code of Regulations, Section
15162, they Agency has considered whether an additional Negative
Declaration or other environmental documentation need be prepared,
given the scope of the changes to the anticipated project
contemplated by the First Amendment to the DDA; and
' WHEREAS, upon such review, the Agency has determined that in all
respects the prior environmental documentation is sufficient.
NOW, THEREFORE, the Community Redevelopment Agency of the City of
Palm Springs does hereby find as follows:
Section 1: These are no substantial changes implemented by the
First Amendment to the DDA to the Project previously analyzed under
the original DDA which would require major revisions due to the
involvement of new significant environmental effects or any
substantial increase in the severity of previously identified
15910E4064-007317009,M 1 a=06/96
Page 2
significant effects, all as more fully set out in the Staff report
submitted to the Agency in connection herewith.
Section 2 : There are no substantial changes which have occurred
with respect to the circumstances under which the Project is
undertaken which would require major revisions to the environmental
analysis in the previous Environmental Assessment or Mitigated
Negative Declaration, and that there are no new significant
environmental effects, nor any substantial increase in the severity
of previously identified significant effects. '
Section 3 : There is no new information of substantial importance,
which was not known or could not have been known with the exercise
of reasonable diligence at the time the Environmental Assessment
and Mitigated Negative Declaration were completed indicating any
significant effects not previously analyzed, any effects already
analyzed would be substantially more severe under the modifications
contemplated in the First Amendment to the DDA, mitigation measures
previously found to be infeasible are now feasible, or additional
mitigation measures would substantially reduce one or more
significant effects on the environment.
Section : Based upon all of the foregoing, and all of the
analyses presented in the Staff Raport, submitted in conjunction
herewith, the Agency has determined that no additional
environmental documentation is called for or need be prepared under
the requirements of CEQA in connection with the First Amendment to
the Disposition and Development Agreement.
Section 5: This Resolution does not consider, and shall not
pertain to, any potential_ development which is not specified in the
First Amendment to the DDA. Under the provisions of the First
Amendment of the DDA, the construction of additional phases beyond
that spelled out in the First Amendment of the DDA is at this time
wholly speculative, and cc•mpletely dependent upon decisions the
Tribe might make at so-nae futilr E: dciti S n addition, therm is
currently no site plan, architectural drawing, concept plan, or
other indication of the type, precise location, size, or function
of proposed facilities which ,night be included in such phases of
the gaming facility deveiopmento iConsequently, any environmental
i speculative time, and
impacts from such phase.; are wholly sp .zla�iv�. at this ,
cannot adequately be addressed based upon the information currently
available.
ADOPTED this 7th day of August, 1596.
AYES: Members Odesn, ;purgin and Chairman Kleindienst
NOES: None
ABSENT: Members Barnes and Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
ssDn.s'tant. Secretary Chairrnza,a
REVIEWED &APPROVED X ¢G --
RESOLUTION NO. 1003
OF THE C0101UNITY REDEVELOPMENT AGENCY OF THE
CITY 01' PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT ENTERED INTO SEPTEML3ER 7, 1994, WITH
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS,
REGARDING VARIOUS TRANSFERS OF PROPERTY AND
' CONTEMPLATED DEVELOPMENT OF AN INDIAN GAMING
FACILITY.
WHEREAS, The Community Redevelopment Agency of the City of Palm
Springs, California ("Agency") is duly formed and constituted under
the Community Redevelopment Law (California Health & Safety Code
Sections 33000, at seg. ) to carry out the purposes of redevelopment
in the City of Palm Springs ("City") ; and
WHEREAS, the city Council adopted the Tahquitz-Andreas
Redevelopment Project Area by Ordinance No. 1187, effective August,
1983 , which encompasses significant portions of an area adjacent to
downtown Palm Springs; and
WHEREAS, in Ordinance No. 1187, the City of Palm Springs made
certain findings with respect to blight in the Tahquitz•-Andreas
Redevelopment. Project Area, which findings were never questioned or
challenged by judicial proceeding within the applicable statute of
limitations for bringing any such challenge; and
WHEREAS, on September 7 , 1994, after significant negotiation and
' public hearings conducted pursuant to California Health & Safety
Code Section 33433 et sea. , both the City Council and the Agency
reviewed and approved a Disposition and Development Agreement
("DDA") with the Agua Calien'te Hand of Cahuilla Indians (Tribe") ;
and
WHEREAS, the DDA providers for the contemplated construction of an
Indian gaming facility over an approximately 10. 3 acre site as
further identified therein, and contemplated to encompass some
119, 000 square feet of casino facilities; and
WHEREAS, the Tribe and the Agency have determined that it is in
their mutual best interest to provide various minor modifications
to the DDA, to make minor modifications to contemplated property
transfers and to the proposed location and layout of the
anticipated gaming facility; and
WHEREAS, to accomplish, these purposes, representatives of the Tribe
and the Agency have negotiated and come to an agreement, which is
embodied in the document entitled "Amendment No. 1 to Disposition
and Development Agreement" ; and
WHEREAS, a Summary Report, attached to the staff report presented
to the Agency in connection with consideration of this Resolution,
has been prepared as required by California Health & Safety Code
' Section 33433 , and is incorporated herein by this 'reference; and
WHEREAS, the Summary Report_ specifies: (i) the modified cost of
the Amendment to the DDA to the Agency, (ii ) the estimated value of
the property interest to be conveyed by the Agency, valued at the
highest and best use permitted under the Redevelopment Plan, Qi.i)
the value of the property interest to be conveyed determined with
reference to the restrictions imposed by the Amendmant to the DDA,
(iv) the purchase and/or lease price of all property interests to
be conveyed, (v) an explanation of the conditions imposed under the
Amendment to the DDA on the property interests conveyed, and how
the consideration to be received by the Agency is not less than the
fair reuse value and the end use with each covenants and
I5N0+A09d nTrAPPOPM11 ni,ic6 fi
.', iJlUU
Page 2
conditions, and developments costs authorized by the sale or lease,
and (vi) an explanation of how the transaction contemplated under
the Amendment to the DDA will assist in eliminating blight; and
WHEREAS, the Summary Report is and' has been made available to the
public for review; and
WHEREAS, it is the intent of the Agency and the desire of the City
to work in cooperation with the Tribe on ventures which provide
mutual benefit to both their constituencies. ,
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:;
SECTION 1. The Agency hereby finds that the Amendment to
the DDA will benefit the Agency in a number of
ways. The Amendment will still facilitate the
contemplated development of an Indian gaming
facility within the Redevelopment Area, but
will do so at substantially less commitment of
Agency property and funds then previously
contemplated under the original DDA. The
prior agreement contemplated, the Agency using
up to $1. 5 million of the: proceeds from sale
of properties : to acquire additional property
to be donated to the Tribe. This $1.5 million
subsidy has been eliminated as the Tribe will
fully fund any acquisitions of additional
parcels. The Amendment to the DDA further
provides the Agency an additional degree of
certainty in connection with the "Mitigation
Fee" amounts to be received from the Tribe, as
an offset to public service and other impacts
which will result from the operation of an
Indian gaming facility on the contemplated
site, or any other use thereon.
SECTION 2 . The .Agency finds that the Amendment to the DDA
does not alter the original findings of the
Agency made on September 7, 1994, in
connection with the manner in which the sale
or lease of the property and development of
the project contemplated under the DDA will
result in the elimination of those blighted
conditions which served aLS the basis for the
establishment of the. Tahquitz-Andreas
Redevelopment Project Area under Ordinance No.
1187. Specifically, nothing in the First
Amendment to the DDA changes the (i)
urbanization of the area involved; (ii) the
partial occupation in the area by unsafe,
unhealthy buildings characterized by serious
building code violations, defective design and
physical construction, faulty or inadequate
utilities, dilapidation and deterioration; nor
(iii) excessive vacant logs which, due to land
ownership patterns, location, and economic
blight, reflect the lack of proper
utilization, and constitute a serious physical
and economic burden; nor (iv) economically
blighting conditions within the area,
including depreciated or stagnant property
values, abnormally high business vacancies,
and high ( turnover rates. These
characteristics taken together were found in
Ordinance No. 11187 to constitute blight under
Health & Safety Code Section 33030 and 33031,
and nothing in the First Amendment to the DDA
makes any changes to these: conditions or these
findings.
R1008
Page 3
SECTION 3 . The Agency finds that carrying out the
Amendment to the DDA will assist in the
elimination of blight by assisting the
development of a proposed Indian gaming
facility within the downtown area of the City
of Palm Springs, which will enhance the City's
reputation and marketability as a tourist
destination, will enhance the City's economic
base, both by providing direct employment
' opportunities to members of the Tribe and the
general population, and by providing
opportunities for enhancing and expanding on
the City's tourist trade, including
improvement in hotel and motel vacancy rates
with a corresponding increase in transient
occupancy tax revenues, and will provide
additional recreational and social
opportunities in the Community to residents
and visitors alike, thereby carrying out the
objectives of the General Plan.
SECTION 4 . The consideration to be obtained by the Agency
for the contemplated sale of the Fire Station
parcel is not less than the fair market value
of that parcel at its highest and best use in
accordance with the plan, in that the parcel
was appraised in 1993 at a fair market value
of $581, 000. The Amendment to the DDA
contemplates transfer of the property no later
than one year after the effective date at the
purchase price of $596, 000. This $596, 000
price may be offset by up to $18, 000 worth of
credit for a lease payment to be made by the
Tribe pursuant to a single year lease payment
' with an option to purchase. Even presuming
the full $18,000 offset to the purchase price,
however, the consideration to be received
amounts to $578, 000, or a drop from the 1993
appraised price of less than one-half of one
percent. Based upon the Agency's experience
in this and other redevelopment areas, fair
market value for properties generally have
decreased in an amount more than one-half of
one percent since 1993 . Consequently, even
assuming full offset of the "lease to
purchase" payment, the Agency has concluded it
is receiving not less than the fair market
value for the sale of the property.
SECTION 5. The Agency finds that it is receiving not less
than the fair reuse value for the property in
connection with the one-year lease of the Fire
Station parcel to the Tribe at the flat rental
rate of $18, 000. Based upon a presumption
that the annual fair market rental rate is ten
percent (10%) of fair market value (a
presumption which under the Agency's
experience in this and other redevelopment
project areas is a reasonable one for
' estimating fair market rental value) , the fair
market rental value of this property is
between $58, 000 and $59, 600 per year. This
fair market value rental is offset by a number
of restrictions on the property in the hands
of the lessee, however, as follows: (a) the
$18,000 rental payment must be made "up
front, " instead of as accrued, and is
nonrefundable in the event of any termination
of the leasehold prior to the expiration of
the full year term, without exercise of the
option to buy, (b) the lessee is restricted in
its use of the property, and may utilize it
ISU/01dORd fNV/i/A1Yg051 1 .ON/fKIOR 7
R1008
Page 4
only for parking facilities, (c) the lessee is
required to make not less than $25, 000 worth
of improvements to the property over the
course of the lease term, (d) improvements
made by the lessee on the property must be
surrendered to the Agency at the end of the
lease, in the event the purchase option is not
exercised, (e), utilization of the site is
subject to the, nondiscrimi.nation covenants in ,
the First Amendment to the DDA. Given all
these restrictions, the Agency has concluded
that the $18, 000 rental. payment it will
receive is not less than the fair reuse value
at the use of the property with the covenants
and conditions and development costs
authorized by the First Amendment to the DDA.
SECTION 6. The Agency finds that the First Amendment to
the DDA is consistent with the implementation
plan adopted by the Agency pursuant to
California Health & Safety Code Section 33490,
in that it will assist in achieving the
following identified goals of that
implementation, plan, for the reasons stated
below:
(a) Assemble and Consolidate Under Utilized
Land. The Project is contemplated to
incorporate the Fire Station parcel in an
overall gaming facility, which will be
assembled with the nearby Spa Hotel site
and other, related sites, and unified in
terms of use into a tourist destination
gaming facility. In addition, the gaming
facility will provide additional parking
in the downtown area.
(b) Coordinate Future Development .
Completion of the Project contemplated
under the First Amendment to the DDA will
result in development of undeveloped
areas which are stagnant or improperly
utilized„ as identified in the findings
of blight made in connection with the
original establishment of the
redevelopment area.
(c) Assure Commercial Vitality. The
contemplated gaming facility will enhance
the amount of business activity
anticipated for retail, hotel, and other
non-gaming businesses located or expected
to be relocated to the area.
(d) Stimulate Economic Development. The
development of a coordinated gaming
facility will strengthen the economic
base of the project area, by providing direct contribution in the way of the
"Mitigation Fee" and the economic
benefits 'which will come from additional
business activity and enhanced tourist
viability of the downtown area.
(e) Provide Additional Flarking Spaces. The
First Amendment to the DDA anticipates
the provision of additional parking
spaces in connection with the Phase I of
the Casino development, with potential
additional future paLrking spaces in the
event the developer opts to construct
additional phases.
R1008
Page 5
(f) Protect Unique Character of Community.
The Project will assist the Tribe in the
development of its cultural resources,
and in addition will serve to complement
the convention facility by providing
additional social and economic activity
in the area of the Convention Center.
SECTION 7. The First Amendment to the Disposition and
Development Agreement by and between the
Agency and the Tribe is hereby approved and on
file in the office of the City Clerk. The
Executive Director, or his designee, is
authorized to sign all necessary documents to
effectuate all the transactions contemplated
thereunder, in a form approved by the Agency's
general counsel.
ADOPTED this 7th day of August, 1996.
AYES: Members Oden, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: Members Barnes and Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
��sistant Secretary Chairman
' REVIEWED &APPROVED
RESOLUTION NO. 1009
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING AN OPTION AGREEMENT FOR THE
SALE OF 2 . 78 ACRES FOR THE DEVELOPMENT OF A SENIOR
HOUSING COMPLEX.
WHEREAS, the Community Redevelopment Agency of the City of
Palm Springs (Agency) is constituted under the Community
Redevelopment Law (California Health & Safety Code Section 33000 et
sec. ) to carry out the purposes of Redevelopment in the City of
Palm Springs ("City") ; and
WHEREAS, Cooperative Services, Inc. , a non-profit, consumer
cooperative established in 1945 has proposed 'the development of a
52-unit senior apartment complex in the City of Palm Springs on a
portion of a 3 .96 acre site controlled by the Community
Redevelopment Agency; and
WHEREAS, Cooperative Services will be submitting an
application to the Department of Housing & Urban Development (HUD)
for Section 202 Program Housing Funds for site acquisition and the
construction of the project; and
WHEREAS, it is the desire of the Agency to support the
development of affordable housing for senior citizens in our
community, and in so doing, supports this application for submittal
to HUD; and
WHEREAS, as part of the application package to be submitted to
HUD documentary evidence that the applicant (Cooperative Services)
has control and/or an option on the site is required.
NOW THEREFORE be it resolved by the Community Redevelopment
Agency of the City of Palm Springs, California, as follows:
Section 1. The Chairman of the Community Redevelopment
Agency of the City of Palm Springs is herein
authorized to ',execute on behalf of the Agency
an Option Agreement by and between the Agency
and Cooperative Services, Inc. , in a form
approved by the City Attorney, and which is on
file in the office of the City Clerk.
Section 2 . The asking purchase price stipulated in the
Option Agreement shall be, $400, 600.
Section 3 . The property shall be conveyed in its "as is"
condition.
Section 4 . The consummation of the acquisition of this
property is contingent upon HUD approval of
Section 202 Funds to Cooperative Services,
Inc. for the development of this project.
ADOPTED this 7th day of August, 1996.
AYES: Members Odesn, Spurgin and Chairman Kleindienst
NOES: None
ABSENT: Members Barnes and Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRI GS
By*
Assistant Secretar Chairman
REVIEWED & APPROVED_ — ��
RESOLUTION NO. 1010
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING SECOND
AMENDMENT TO OWNER PARTICIPATION
AGREEMENT #A255 WITH PACIFIC
--HOSPITALITY GROUP.
----------------------------------
WHEREAS, The Community Redevelopment Agency approved the Owner
Participation Agreement #A255 with Pacific Hospitality Group, in
conjunction with the remodeling and expansion of the Palm Mountain
Resort - Holiday Inn; and
WHEREAS, The Community Redevelopment Agency approved the First
Amendment to the Agreement on February 5, 1992, extending the term
of Advance repayment from seven (7) to ten (10) years; and
WHEREAS, the First Amendment to the Memorandum of Understanding
indicated the Owner Participation Agreement was to be amended
extending the time to July 1, 2008; and
WHEREAS, the requested second extension will be based on the fact
that: 1) all permits have been obtained, all contracts entered
into and the grading for the Golf Course Project commenced by July
1, 2000; and 2) the Golf Course Project is completed and opened by
July 1, 2002 . Otherwise, the time for repayment will end July 1,
2005; and
WHEREAS, Pacific Hospitality' s right to the Advance will run with
' the land and inure to the benefit of any party succeeding to all or
substantially all of their interest in the Property upon the City' s
receipt of an assignment.
NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment
Agency of the City of Palm Springs, California, does hereby approve
a Second Amendment to Agreement #A255 as follows :
SECTION 1 : The term of said agreement is extended to July 1,
2008, as long as : 1) all permits have been
obtained, all contracts entered into and the
grading for the Golf Course Project commenced by
July 1, 2000, and 2) the Golf Course Project is
completed and opened by July 1, 2002 . Otherwise,
the time for repayment will end July 1, 2005.
SECTION 2 : Pacific Hospitality Group' s right to the Advance
will run with the land and inure to the benfit of
any party succeeding to all or substantially all of
their interest in the Property upon the City' s
receipt of an assignment.
ADOPTED this 2nd day of October 1996.
' AYES : Members Barnes, liodges, Oden, Spurgin and Chairman Kleindienst
NOES : None
ABSENT: None
ATTEST: CO INITY REDEVELOPMENT AGENCY
s.sistant Secretary Chairman
REVIEWED & APPROVED V[��-
RESOLUTION NO. 1011
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO THE OWNER
PARTICIPATION AGREEMENT WITH LINSU
DEVELOPMENT COMPANY, L.L.C. ("LINSU").
---------------------
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California
("Agency") is constituted under the Community', Redevelopment Law (California Health and
Safety Code Section 33000 et,, se o to carry out the purpose as the redevelopment in the City
of Palm Sprigs ("the City"); and
WHEREAS, on October 18, 1995, the Community Redevelopment Agency entered into an
Owner Participation Agreement with Linsu Development Company, L.L.C.; and
WHEREAS, Developer proceeded with the Project, but during; construction certain public
improvement costs became excessive and Developer requested that the Agency fund these
expenses to be reimbursed from tax increment and in exchange agreed to forego reimbursement
for certain legal costs; and
WHEREAS, a Notice of Public H=ing concerning the amendment was published in accordance
with applicable law; and
WHEREAS, the California Redevelopment]l aw requires certain findings before the Agency can
enter into this Amendment, as follows:
a) Section 33421.1 -- that the City Council find that: the provision of such
improvements will effectuate the Redevelopment Plan;
b) Section 33445 - that the City Council find that the improvements benefit the
Project Area; that no other means of financing the improvements arc-, available;
that payment of the funds will assist in eliminating blight;
c) Section 33433 - that the sale of the property will assist in eliminating blight and
that the consideration is not less than the fair market value at the highest and best
use in accordance with the Redevelopment Plan.
WHEREAS, the Agency has considered the staff report, and all the information, testimony and
evidence provided during the public hearing, on December 4„ 1996.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality .Act (CEQA), the
Community Redevelopment Agency finds as follows:
a) In connection with the approval of the OPA, a Mitigated
Negative Declaration was prepared in compliance with
CF,QA, the State CEQA Guidelines and the City's CEQA
procedures. The Community Redevelopment Agency finds
that there are no changes in the effects of the proposed
project or the circumstances in which it is being carried
r,
Linsu Resolution 1011 ,�y
December 4, 1996 +.,; (L-8
Page 2
' out, which require any modification of the Environmental
Assessment/Mitigated Negative Declaration and finds that
it adequately discusses the potential significant
environmental effects of the proposed project (land use,
traffic/circulation, parking, air quality, noise, aesthetics,
geology/soils, water quality, drainage, public utilities,
public safety, archaeological/historic resources and light
and glare). The Community Redevelopment Agency
further finds that the Environmental Assessment/Mitigated
Negative Declaration reflects its independent judgement.
SECTION 3. The developers of this property are required to make certain street
improvements in keeping with City codes. Such offsite improvements are
imperative to this project, as widening of Vista Chino and the right-hand
turn lane are required by Code, and this project will eliminate a blighted
corner of the North Palm Canyon Redevelopment Project Area and will
increase tax increment to the City.
SECTION 4. The original Summary Report was made available to the public in a timely
basis for the October 18, 1995 meeting approving the original OPA.
' Pursuant to Resolution 988 approving the OPA, the Agency determined
that the price being paid for the land was equal to the fair market value
at the highest and best use permitted under the Plan. The Agency fords
that the Summary Report originally approved is adequate, as the
Amendment does not change the purchase price or value of the property.
Although the Agency will now advance certain public improvement costs,
the Agency will recover these funds from tax increment funds.
SECTION 5. Agency will reimburse Linsu for the costs of constructing the off-site
improvements on Vista Chino Road, as follows, provided that Agency's
obligation to reimburse Linsu shall not exceed Seventy-nine Thousand
Dollars ($79,000.00):
1. Relocate the existing traffic signal at the corner of
Indian Canyon Drive North and Vista Chino Road
East.
2. Construct an 8-inch curb and gutter, 38 feet south
of centerline along the entire frontage of the Site,
on East Vista Chino Road, with a 35-foot radius
curb return at the northeast corner of the Site.
3. Construct the west half of a 14-foot gutter and
spandrel at the intersection of Vista Chino Road
East and Chaparral Road with a flow line parallel to
the centerline of Vista Chino Road East.
4. Construct a minimum 8-foot wide sidewalk behind
the curb along the entire frontage of the Site on
East Vista Chino Road.
Linsu Resolution 1011
December 4•, 1996
Page 3
5. Construct a ramp for the physically handicapped at
the northeast cagier of the. Site on East Vista Chino
Road,, in accordance with State ADA requirements.
6. Construct road pavement in accordance with City
standards from the edge of the proposed gutter to
the clean sawcut edge of the existing road pavement
along'the entire frontage of the Site on East Vista
Chino Road.
7. Construct a 160-foot long by 12-foot wide bus turn
out lane, together with a bus shelter on Vista Chino
Road East between intersections.
(b) Agency will reimburse Linsu for such costs upon
acceptance of off-site improvements by the City and
approval by Agency of invoices substantiating the costs
incurred by Linsu for said off-site improvements.
(c) Linsu shall not be entitled to any payment of Net.Property
Tax Increment generated by the Site for other reimbursable
expenses under the OPA until Net Property Tax Increment
generated by Site is equal to the off-site improvements'
costs paid by Agency.
SECTION 6. In exchange for the Agency's agreement: to advance funds for the
foregoing improvements, to be reimbursed from future rever.7ue, Linsu
Development Company L.L.C. will agree to absorb all further legal costs
of the eminent domain proceeding without the right to reimbursement, (but
shall receive reimbursement for those legal expenses previously incurred
by Rutrnz fir. Tucker, UP and advanced by Developer).
SECTION 7. The Agency does hereby find and determine as follows:
(a) The property was originally developed in 1946; however,
of ter an exhaustive abatement: procedure, the City Council
ordered the ',demolition of the buildings. In 1985, the
Redevelopment Agency entered into an OPA with the
Renaissance Motel Partnership to construct a 105-unit hotel
with subterranem parldng and tennis courts. The
Partnership was never able to get funding, so the hotel was
never constructed. The land has been vacant since 1985.
Due to the va-ious liens and litigations pending or. the
property, development is not able to proceed and it remains
an eyesore in the community. Only the Community
Redevelopment Agency is able to take effective iegal action
to produce a developable site. The private sector, acting
alone, could not accomplish the project.
(b) The sale effectuates the purposes of the Plan and is in the
highest and best interest of the City of Palm Springs and of
Linsu Resolution 1011
December 4, 1996
Page 4
0-- B 0
the Project Area, and that the sale is intended to result in
the development and revitalization of a portion of the City
which will help expand and diversify the City's economic
base.
(c) The Amendment effectuates the purposes of the Community
Redevelopment Law by reversing or alleviating any serious
physical, social, and economic burden of the Community
which cannot reasonably be expected to be reversed or
alleviated by private enterprise acting alone, in that the sale
will facilitate the redevelopment and operation of the hotel
and retail buildings by causing the remodel and upgrade of
the property, placing the property in the hands of a first
class, and experienced operator, in order to maintain
existing sales tax revenue and attract additional commercial
development within the City and increase the City's tax
base.
(d) The OPA effectuates the purposes of the Community
Redevelopment Law as it is intended to eliminate blight and
' promote the health, safety and general welfare of the
people of Palm Springs.
SECTION 8. The proposed project is consistent with the Implementation Plan
for this area, insofar as this project will increase tax increment and
will expand an already-existing successful business. It will
increase the City's tourist business by expanding a destination-type
resort and creating a beautiful architecturally inviting project on a
previously vacant, run-down piece of land on a very busy corner.
SEECTION 9. That the consideration payable for the property is not less than the
fair market value of the property in accordance with the highest
and best use under the Redevelopment Plan.
SECTION 10. Based on foregoing reasons, this Amendment is hereby approved
and incorporated herein by this reference.
SECTION 11. The Chairman of the Agency, and/or his designee, is authorized
to execute all necessary documents, in a form approved by the
Agency Counsel.
Lirsu Resolution 1011
December 47 1996
Page 5
ADOPTED this 4th _ day of December, 1996.
AYES: Members Oden and Mayor Kleindienst
NOES: None
ABSENT: Members Barnes & Spurgin
ABSTAIN: Member Hodges
ATTEST: COMMUITITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By ---
Assistant Secretary Chairman
REVIEWED & APPROVED � �—�---
RESOLUTION NO. 1012
OF THE COMMUNITY REDEVELOPMENT
AGENCY FOR THE CITY OF PALM SPRINGS,
CALIFORNIA, ACCEPTING A LOAN FROM
THE CITY OF PALM SPRINGS AND
APPROVING THE "FINANCING AGREEMENT
' AND PROMISSORY NOTE" IN THE AMOUNT
OF SEVENTY--NINE THOUSAND DOLLARS
($79, 000) FOR SITE IMPROVEMENTS BY
LINSU DEVELOPMENT COMPANY, L.L.C.
("LINSU" ) .
---------------------
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs, California ( "Agency") is constituted under the Community
Redevelopment Law (California Health and Safety Code Section 33000
et. seq. ) to carry out the purpose as the redevelopment in the City
of Palm Springs ( "the City" ) ; and
WHEREAS, on October 18, 1995, the Community Redevelopment Agency
entered into an Owner Participation Agreement with Linsu
Development Company, L.L.C. ("Project" ) ; and
WHEREAS, a Notice of Public Hearing concerning an amendment and
loan approval was published in accordance with applicable law; and
WHEREAS, pursuant to California Health and Safety Code Sections
33132 and 33601, the Agency is authorized to borrow money from
other public agencies to fulfill its obligations; and
WHEREAS, the Agency has executed a "Financing Agreement and
' Promissory Note in the amount of SEVENTY-NINE THOUSAND DOLLARS
($79, 000) ; and
WHEREAS, the Agency has considered all the information, testimony
and evidence provided during the public hearing on December 4,
1996.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency for the City of Palm Springs that a loan for SEVENTY-NINE
THOUSAND DOLLARS ($79, 000) from the City of Palm Springs to the
Community Redevelopment Agency to reimburse Linsu Development
Company, L.L.C . for some offsite improvements is hereby accepted in
the form of an "Agreement and Promissory Note", as on file in the
Office of the City Clerk; and shall accrue interest at the rate of
6% per annum and be repayable from net tax increment accrued from
the Project .
ADOPTED this 4th day of December 1996.
AYES : Members Oden and Chairman Kleindienst
NOES : None
ABSENT: Members Barnes and Spurgin
ABSTAIN: Member Hodges
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Municipal orporation
By —
A . Secretary Chairman -
REVIEWED & APPROVED .Q. Ci
RESOLUTION NO. 1013
OF THE COMMUNITY REDEVELOPMENT AGENCY OF' THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PHASE I PRELIMINARY DEVELOPMENT PLANS (CASE
NO. 5 . 0667) FOR THE AGUA CALIENTE INDIAN
GAMING FACILITY, LOCATED ON A PORTI'.ON OF THE
SPA HOTEL PROPERTY, ON A PORTION OF ANDREAS
ROAD (TO BE VACATED) , ON THE HIRSCH PROPERTY
AND ON THE SOUTHERN . 805 ACRE PORTION OF THE
POST OFFICE PROPERTY FOR A TOTAL PROJECT AREA
OF 3 . 66 ACRES AND PARKING FACILITIES LOCATED
ON THE FIRE STATION PARCEL AND THE; PREVIOUS
BROWNE PARCEL (A TOTAL OF 3 . 46 ACRES) AS SET
FORTH IN AMENDMENT NO. 1 TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS
-- ------------------- ---
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs (Agency) and the Agua Caliente Band of Cahuilla Indians
(Tribe) , entered into a Disposition and Development Agreement (DDA)
for the contemplated development of an Indian gaming facility
within the Tahquitz-Andreas Redevelopment Area on September 7,
1994 ; and
WHEREAS, the Agency and the Tribe determined it; was in their mutual
best interest to amend the DDA (Amendment: No . 1) in minor
particulars, eliminating various parties within the DDA,
eliminating various potential commitments of Agency funds to
property acquisitions for the proposed Indian gaming facility site
and making minor modifications to the .location and configuration of
the proposed Indian gaming facility; and
WHEREAS, on August 7, 1996, the Agency and the City Council
approved Amendment No . 1 to the DDA; and
WHEREAS, Amendment No . 1 set forth the location of the Phase I
development such that the Indian gaming facility would be located
on a portion of the Spa Hotel property, the vacated portion of
Andreas Road, the Hirsch property and the . 805 acre Post Office
Parcel (on the northwest corner of Andreas Road and Calle Encilia) ,
and that the parking structure and surface parking lot would be
located east of Calle Encilia on the previous Browne Parcel and the
Fire Station Parcel, respectively; and
WHEREAS, pursuant to Amendment No., 1 Phase I development includes
up to a 94 , 000 square foot Indian gaming facility, 33 , 225 square
feet is to be dedicated to gaming uses and the remaining square
footage will by utilized for such uses as a :showroom/bingo area,
restaurant and bars and back-of-house uses; and
WIIEREAS, pursuant to Amendment No. 1 a range of required parking
spaces was stipulated (1, 156 - 1, 703) and the refined parking
analysis states that a total of 1, 445 parking spaces is needed for
Phase I including displaced parking spaces; and
WHEREAS, the Phase I proposal accommodates most of the required
parking, although options are currently being examined in order to
provide all required parking; ands
WHEREAS, pursuant to Amendment No , 1 the Agency shall review and
approve the preliminary Phase I development plans .
R1013 6r `
Page 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
Agency hereby approves preliminary Phase I development plans of the
Indian gaming facility pursuant to Amendment No. 1 of the DDA,
subject to conditions (Case No. 5 . 0667 - Exhibit A of this
Resolution as on file in the Office of the City Clerk) .
ADOPTED this IBth day of December , 1996 .
' AYES : Members Barnes, Oden, Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ABSTAIN: Member Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS,
CALIFORNIA
Icy:-;_ Id-
Assistant Secretary Chairman
REVIEWED AND APPROVED