HomeMy WebLinkAbout1/1/1994 - CRA RESOLUTIONS RESOLUTION NO. 911
RESOLUTION OFTHE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, APPROVING A CONTRACT
FOR PROFESSIONAL SERVICES WITH MacKENZIE &
ASSOCIATES
- - - - - - - - - - - - - -
WHEREAS, the Agency desires to have certain real property within the Tahquitz-
Andreas Redevelopment Project Area appraised; and
WHEREAS, request for proposals were sent out and four responses were received; and
WHEREAS, MacKenzie & Associates was the successful respondent and has been
selected to perform appraisal services as requested; and
WHEREAS, the scope of professional service will include the preparation of several
appraisals as necessary; and
WHEREAS, a Contract Services Agreement has been prepared outlining the scope of
services and will be executed as part of this action;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
Section 1 . The Contract Service Agreement between the Agency and MacKenzie
& Associates is hereby approved.
Section 2. The Executive Director is hereby authorized to execute the Contract in
a form approved and acceptable by the City Attorney.
Section 3. A copy of the Contract Service Agreement is on file in the office of the
City Clerk.
ADOPTED this 5th day of January 1994.
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
by
Assistant Secretary Vic - hairman U a
i
t
REVIEWED & APPROVED ~ -
RESOLUTION NO. 912
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
A LAND LEASE AGREEMENT WITH AMERICAN OPEN AIR
MARKETS FOR AN OUTDOOR FARMERS MARKET
LOCATED AT 395 NORTH PALM CANYON DRIVE ,
WHEREAS, the Agency owns parcel APN 513-082-014, located at 395 North Palm Canyon
Drive and the northern portion of this parcel, which includes 10,500 square feet of land area,
is currently vacant and produces no revenue to the Agency; and
WHEREAS, American Open Air Markets has submitted a proposal to lease this vacant portion
of the parcel to develop and operate a high quality outdoor-farmers market which will be open
for at least four days per week, between November 1 and July 4; and
WHEREAS, this proposal involves .a one-year master lease, with extension options, at a lease
rate comparable to current market rates in the vicinity and with no exposure by the Agency to
any additional development or maintenance costs during the term of the lease; and
WHEREAS, this development concept for the subject property has been approved by the Palm
Springs Planning Commission and has been unanimously endorsed by Palm Springs Main Street.
NOW, THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs, that a one-year land lease agreement, with extension options, be approved with
American Open Air Markets for an outdoor farmers market for the northern 10,500 square foot
portion of parcel APN 513-082-014 at the rental 'rate of .a percentage: of vendor booth rental
revenues, plus a charge of $20 per month per vendor for the use of electricity serving the site,
in a form acceptable to the City Attorney; and that the Agency finds that lease of the site on the
foregoing basis is the fair market value of the site.
ADOPTED this 5th day of January, 1994.
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
B �� 2 \, L�Gmt Jti� Q 2�n
yAssi&Mnt Secretary V'ce- :Chairman
REVIEWED AND APPROVED
RESOLUTION NO. 913
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN AMENDMENT
TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH
WESSMAN DEVELOPMENT COMPANY PROVIDING FOR THE LEASING
OF AN IMPROVED INTERIM PARKING LOT AT THE FORMER
BULLOCKS WILSHIRE PROPERTY AT THE COST OF $73,554
WHEREAS the Agency has entered into a Disposition and Development Agreement with
Wessman Development Compnay in regard to the redevelopment of the former Bullocks-Wilshire
property in Downtown Palm Springs; and
WHEREAS this Agreement provides for the interim development and maintenance of this site
as a surface parking lot open to the public, with the Agency leasing the land for this parking lot
area from Wessman Development company at a nominal rate until such time that the ultimate
redevelopment of the site as a public parking structure and adjacent commercial building is
initiated; and
WHEREAS limitations on City staff time in the Engineering Division to complete construction
documents in a timely manner and current Downtown parking demands call for a "fast track"
method to design and construct the interim site improvements for public use during this tourist
season; and
WHEREAS Wessman Development Company has the capabilities to design and construct the
necessary interim improvements for a total cost less than that independently estimated by City
staff.
NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the
City of Palm Springs approves the leasing of an improved parking lot at the former Bullocks-
Wilshire property from Wessman by the Agency at a cost equal to $73,554, per design and
construction plans to be approved by the City, with the lease subject to approval by Executive
Director and Agency Counsel.
ADOPTED this 5th day of January, 1994.
AYES: Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: None
ABSTAIN: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
_ CITY OF PALM SPRINGS, CALIFORNIA
By n �c ell
Asses ant Secretary Vice-Chairman b
REVIEWED AND APPROVED —
RESOLUTION NO. 914
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING A LEASE
AGREEMENT WITH PALM SPRINGS MAIN STREET FOR A '
BUILDING LOCATED AT 261-265 NORTH INDIAN CANYON
DRIVE
WHEREAS the Agency owns a building located at 261-265 North Indian Canyon Drive, commonly
known as the "Rudnick Building", which is currently vacant and produces no income to the Agency;
and
WHEREAS, the Agency desires to retain ownership of this building for at least the next year and to
have the building occupied in order to minimize vandalism and further deterioration of this vacant
property; and
WHEREAS Palm Springs Main Street, a California Nonprofit Benefit Corporation, currently
coordinating the revitalization of downtown Palm Springs, desires to occupy the building for the next
year in order to develop and operate a multi-tenant business incubator building to be know as "The
Main Street Station" and including the Palm Springs City Store; and
WHEREAS this proposal involves a one-year master lease with a one! year extension option with no
additional expenses being incurred by the Agency as a result of this lease.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm
Springs, that a one-year lease agreement, with a one-yeah extension option, be approved with Palm
Springs Main Street for the building located at 261-265 North Indian Canyon Drive, to be improved and
operated as " The Main Street Station" and Palm Springs City Store at the rental rate of$10 per month,
in a form acceptable to the City Attorney. The Agency finds that lease of the property on said basis
is less than the fair market value of the property but that the lessee is a tax exempt organization, the
rent reduction is necessary for the promotion of the service, the lessee is the most appropriate
organization to promote the service and the lease subsidy will benefit residents and taxpayers.
ADOPTED this 19th day of January, 1994
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
I
BY �f I G r�� L t l✓� ; L
Assistant Secretary J Vice-Chairman
REVIEWED AND APPROVED __
RESOLUTION NO. 915
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DIRECTING
REVISION OF THE PROPERTY IMPROVEMENT LOAN
PROGRAM TO PROVIDE BALLOON PAYMENTS FOR
SPECIFIED PROJECTS AND REQUESTING APPROPRIATE
AMENDMENTS BE PREPARED AND APPROVING
' INSTALLATION BY AGENCY OF CERTAIN PUBLIC
IMPROVEMENTS AT THE TAHQUITZ AND PALM CANYON
DRIVE INTERSECTION, PURSUANT TO A PUBLIC
IMPROVEMENT AGREEMENT, IN REGARD TO THE
SUBSTANTIAL RENOVATION OF THE FORMER BANK OF
AMERICA BUILDING LOCATED AT 101 NORTH PALM
CANYON DRIVE AS PROPOSED BY RON MALONE OF
CHEYENNE CATTLE COMPANY.
---------------------
WHEREAS, the former Bank of America Building located at the corner
of North Palm Canyon Drive at Tahquitz Canyon Drive has remained
vacant for an extended period of time in the heart of the Downtown
area of Palm Springs; and
WHEREAS, this building represents a key to the overall
revitalization of the Downtown area as an arts and entertainment
district, but requires extensive and extraordinary renovation to
structural and mechanical systems in the building; and
WHEREAS, Ron Malone of Cheyenne Cattle Company has prepared a
concept plan for a major entertainment complex in this building and
has successfully negotiated a 25-year sublease agreement with Bank
of America for this purpose; and
WHEREAS, Mr. Malone has retained architects and engineers to
prepare an itemized Project Budget and they have identified
$216, 000 in unanticipated costs which render this substantial
renovation not feasible without some assistance from the Agency;
and
WHEREAS, the current Property Improvement Loan Program permits
three-year $25, 000 6% loans, but where projects with substantial
renovation and significant employment will have major front-end
costs, the Council wishes to create the option for five-year loans
with a single balloon payment of principal; and
WHEREAS, the Agency wishes to provide $50, 000 in assistance in
constructing public improvements at Tahquitz and Palm Canyon, which
would otherwise be required to be constructed by the developer,
pursuant to a Public Improvement Agreement, which improvements are
specified as follows:
1) Construct Interlocking Pavers/Sidewalk Areas @$22, 000. 00
2) Install Specimen Trees and Irrigation @$ 5, 000. 00
3) Install Benches and Architectural Planters @$ 2 , 200. 00
4) Install Decorative Landscaping @$ 2 , 800. 00
5) Install Pedestrian Light Fixtures (4) @$10, 000. 00
6) Construct Light Foundations and Electrical
Service @$ 8 , 000. 00
TOTAL PUBLIC IMPROVEMENT PROJECT BUDGET $50, 000. 00
Cheyenne Cattle Co.
CRA Resolution 915
Page 2
1. The Agency directs staff to prepare an amendment to the ,
Property Improvement Loan Program allowing projects with
more than $500, 000 in building renovation and at least 25
employees to have the option to borrow $25, 000 at 6% for
five years with monthly payments of interest and deferral
of principal to one or more payments, where the Agency
finds that, without such financial assistance, the
project will not proceed. ,
2 . The Agency, on behalf of the developer, authorizes
$50, 000 to construct their public improvements specified
above, subject to 'the parties entering a Public
Improvement Agreement in a form approved by the Agency
Counsel providing for the type of improvements,
construction schedule, payment and similar provisions.
3 . This approval is contingent on the applicant: (a)
presenting a financial statement to the City Manager for
approval, demonstrating the financial capacity to
construct the project and repay the loan, and (b)
presenting evidence to 'the City Attorney that applicant
has entered into a binding lease for the subject
property.
ADOPTED this 19th day of January , 1994 .
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY' OF PALM RINGS, CA FORNIA
By
Assistant Secretary Vice-C airman
REVIEWED & APPROVED ;=A—
RESOLUTION NO. 916
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR THE 1993-1994
FISCAL YEAR.
' WHEREAS Resolution 892 approving the budget for the fiscal year 1993-1994
was adopted on June 23, 1993
WHEREAS the Executive Director has recommended, and the Community
Redevelopment Agency desires to approve, certain amendments to said budget;
NOW THEREFORE be it resolved that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this
Resolution, and that Resolution 892 adopting the budget for the 1993-1994
Fiscal Year is hereby amended as follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0181 7727 $1,019,541.00
Title: Low/Mod Hsg. Multi-Family
Construction
Purpose: Pay for costs to Palos Verdes Villas not previously budgeted.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 349
Title:
Housing Set Pside Fund Balance $1,019,541.00
ADOPTED this 2nd day of February 1994
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
�� CITY OF PALM SPRINGS, CALIFORNIA
2, �&
�iAssistant Secretary Vice- Chairman
REVIEWED AND APPROVED:
RESOLUTION NO. 917
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS„
CALIFORNIA AUTHORIZING THE TRANSFER
OF FUNDS FROM HOUSING, SET ASIDE FUNI)
BALANCE FOR THE CONSTRUCTION OF
PALOS VERDES VILLAS APARTMENTS
WHEREAS, the Community Redevelopment Agency of the City of ,
Palm Springs, pursuant to its authority under, the Community
Redevelopment Law of the State of California, Health and Safety
Code Section 33000, et seq. which authorizes the Agency to make
agreements with owners, purchasers and lessees of property located
within the City providing for the acquisition and rehabilitation of
property and the provision of residential rental units to very low,
low and moderate income households; ' and
WHEREAS, Palos Verdes Villas, Inc. ("Developer") , has
requested financial assistance in connection with the construction
of a multi-family residential rental housing apartment project
consisting of 98-units, known as Palos Verdes Villas Apartments,
with the street address of 392 E. Stevens Road, Palm Springs,
California; and
WHEREAS, the Agency has reviewed materials submitted by the
Developer, including a proposed project description and other
matters, and has determined that the construction of the project by
the Developer will serve the interest of the City in providing
availability of decent, safe and sanitary housing for families of
very low, low and moderate incomes; and
WHEREAS, 20% (20-units) will be made available to very low
income (50% of median) tenants; and'
WHEREAS, the City's housing element identifies a need for very
low income housing units; and
WHEREAS, the construction and affordable designation of a
percentage of this project shall be counted towards meeting the
identified needs; and
WHEREAS, Palos Verdes Villas, Inc. is requesting a grant in
the amount of $1, 468 , 635 from Community Redevelopment Agency
Housing Set Aside Funds to be used towards the 'payment of permits,
fees, and construction of the project; and
WHEREAS, $449 , 094 was allocated out of Housing Set Aside Funds
in 1990-91 for the future construction of this project; and
WHEREAS, it is necessary to increase the line item established
in 1990-91 to fund this project; and
WHEREAS, funds are available from the Agency's Housing Set
Aside Fund Balance,
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs,', as follows:
Section 1. The Agency hereby determines that the use of
housing funds ,within 'the North Palm Canyon
Redevelopment Project Area is a benefit to the
Project Area and the Community as a whole, and
is necessary to effectuate the purpose of the
Agency's Housing Plan.
Resolution No. 917
Palos Verdes Villas Z
February 2 , 1994
Page 2
Section 2 . The housing units developed as part of the
Palos Verdes Villas, Inc. are restricted by a
Regulatory Agreement to assure they will be
available to low and moderate income
households for at least 30 years.
Section 3 . The Agency hereby authorizes the transfer of
$1, 019,541 from Housing Set Aside Fund Balance
to be added to the existing line item balance
of $449, 094.
Section 4 . The Executive Director of the Community
Redevelopment Agency is hereby authorized and
directed, for and in the name, and on behalf
of the Community Redevelopment Agency to take
all action and to sign all documents necessary
or desirable to effectuate the purposes of
this Resolution.
ADOPTED this 2nd day of February 1994.
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
' ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
\,-Ass
i nt Secretary Vice-Chairman
REVIEWED & PPROVED
: n
RESOLUTION NO. 918
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR THE 1993-1994
FISCAL YEAR.
WHEREAS Resolution 892approving the budget for the fiscal year 1993-1994
was adopted on June 23, 1993.
WHEREAS the Executive Director has recommended, and the Community
Redevelopment Agency desires to approve, certain amendments to said budget;
NOW THEREFORE be it resolved that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this
Resolution, and that Resolution 892 adopting the budget for the 1993-1 994
Fiscal Year is hereby amended as follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 811 0190 7886
Title: Central P.S. Village Bullock's Parking $18,100
Business District Capital Improvement I Lot
Purpose: To provide funds for the construction of interior surface parking
and other related improvements on the former Bullock's Wilshire site.
SECTION 2. SOURCE Transfer from Parking Fund.
FUND ACTIVITY ACCOUNT AMOUNT
No. 811 301
Title: Central $18,100
Business District Fund Balance
ADOPTED this 2nd day of February 1994
AYES: Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: Chairman Maryanov
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SP INGS, CALIFORNIA
By Lc�e-C&airman
AssIstant Secretary
REVIEWED AND APPROVED: _
RESOLUTION NO. 919
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN AGUA CALIENTE BAND OF
CAHUILLA INDIANS AND CITY AND REDEVELOPMENT AGENCY
' OF THE CITY OF PALM SPRINGS CONCERNING THE
ESTABLISHMENT OF A TRIBAL GAMING ENTERPRISE.
WHEREAS the Community Redevelopment Agency of the City of Palm
Springs ("Agency's) is constituted under Community
Redevelopment law (California Health and Safety Code Section
33000, et seg. ) to carry out the purposes of redevelopment in
the City of Palm Springs ("City") ; and
WHEREAS Agency has adopted the Tahquitz-Andreas Project area
encompassing significant portions of the Palm Springs downtown
area; and
WHEREAS a Tribal gaming enterprise has been proposed in the
Tahquitz-Andreas Project area; and
WHEREAS pursuant to a proposed Memorandum of Understanding
between the Agua Caliente Band of Cahuilla Indians and City
and Redevelopment Agency of Palm Springs concerning the
establishment of a Tribal gaming enterprise will involve the
cooperation of the Tribe, the City and the Agency; and
WHEREAS the Agency desires to cooperate in the establishment
of a Tribal gaming enterprise.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs that a Memorandum of
Understanding Between Agua Caliente Band of Cahuilla Indians
and City and Redevelopment Agency of Palm Springs Concerning
the Establishment of a Tribal Gaming Enterprise is hereby
approved.
ADOPTED this 2nd day of March 1994 .
AYES: Members Hodges. Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
BY ��Y dti �M xa�
Assistant Secretary Vice- Chairman
REVIEWED & APPROVED_[jJE` -
1
� b
RESOLUTION NO. 920
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT .AGENCY OF
THE CITY OF PALM SPRINGS APPROVING TRUST AGREEMENTS
AMENDING AMENDED AND RESTATED TRUST AGREEMENTS WITH
RESPECT TO HEADQUARTERS HOTEL PROJECTS I-XI .AND
APPROVING CERTAIN SUBSTITUTE LETTERS OF CREDIT
WHEREAS, there were previously issued Certificates of
Participation ( "Certificates" ) for eleven (11) separate
headquarters hotel projects identified on Exhibit A hereto, each
such issue secured by a separate Amended and Restated Trust
Agreement dated as of December 1, 1984 (each such document, an
"Existing Trust Agreement" ) ; and
WHEREAS, payment of each issue of Certificates with respect
to Headquarters Hotel Projects I through VI and Project XI is
supported by its separate irrevocable, direct pay letter of
credit from Citibank, N.A. (each, an Existing Citibank Letter of
Credit" ) ; and
WHEREAS, payment of each issue of Certificates with respect
to Headquarters Hotel Projects VII through X is supported by its
separate irrevocable, direct pay letter of credit from First
National Bank of Minneapolis (currently, "First Bank" ) (each such
letter of credit, an "Existing First Bank Letter of Credit" ) ; and
WHEREAS, the Developers for the applicable projects have 1
proposed that separate substitute letters of credit (each, a
"Substitute Letter of Credit" ) be issued by Citibank, N.A. to
replace each of the Existing First Bank Letters of Credit, each
such Substitute Letter of Credit to support the same amount of
principal of and interest on the applicable Certificates as the
Existing First Bank Letter of Credit which it is replacing and
having a termination date consistent with the requirements of the
Existing Trust Agreements ; and
WHEREAS, replacement of the Existing First Bank Letters of
Credit with the Substitute Letters of Credit requires certain
amendments to each corresponding Existing Trust Agreement in the
form of a separate Supplemental Trust Agreement dated as of March
1, 1994 for each issue in substantially the form presented to
this meeting and to be filed with the records of the Agency (each
such document , together with the corresponding documents referred
to in the next following recital, a "Supplemental Trust
Agreement" ) ; and
PH02/40190 9 1
R920
Rage 2
WHEREAS, similar amendments facilitating future
substitutions of letters of credit are also proposed for the
Existing Trust Agreements relating to the Certificates currently
supported by the Existing Citibank Letters of Credit, in
substantially the form of the Supplemental Trust Agreements to be
effective not later than September 1, 1994, also presented to
this meeting and to be filed with the records of the Agency; and
WHEREAS, one of the parties to the Existing Trust Agreement
is Senca Palm Springs, Inc . (the "Corporation" ) , which no longer
has a financial or other interest in the transactions and
accordingly the amendments contained in the Supplemental Trust
Agreements are intended to be effectuated without the
participation of the Corporation; and
WHEREAS, the amendments contained in the Supplemental Trust
Agreements, including the absence of approval by the Corporation
of such amendments, require the prior approval of 2/3 in
aggregate principal amount of the Certificates outstanding for
each issue, in accordance with Section 10 . 02 of each of the
Existing Trust Agreements .
NOW, THEREFORE, BE IT RESOLVED by the members of the
Redevelopment Agency of the City of Palm Springs, California, as
follows :
Section 1 . All terms defined in each Supplemental Trust
Agreement shall have the meanings ascribed thereto in each such
Supplemental Trust Agreement when used herein.
' The captions and headings in this Resolution shall be solely
for convenience of reference and in no way define, limit or
describe the scope of intent of any provisions or Sections of
this Resolution.
Section 2 . Each Supplemental Trust Agreement, a copy of
which is on file with the Secretary of the Agency, is hereby
approved in substantially the form presented to this meeting,
including as applicable the replacement of the Existing First
Bank Letters of Credit by the Substitute Letters of Credit and
the absence of execution, delivery and approval of the
Supplemental Trust Agreements by the Corporation, and with such
additional changes as may be approved by the Chairman of the
Agency, said Chairman' s execution thereof to constitute
conclusive evidence of said officer' s approval on all changes
from the forms presented to this meeting, and the Chairman of the
Agency or his designee is hereby authorized to execute and
deliver each such Supplemental Trust Agreement, subject, however,
to receipt by the Trustee of written consents of
Certificateholders as provided in Section 10 . 02 of each Existing
Trust Agreement .
PH02/40190 9 -2
1
R920
Page 3
Section 3 . The Trustee is authorized and directed to notify
Certificateholders of the proposed amendments contained in the
Supplemental Trust Agreements and to mail the Remarketing Agent' s
solicitation of consents to such amendments in the manner
provided in the Existing Trust Agreements .
Section 4 . It is found and determined that all formal
actions of the Agency concerning and relating to the adoption of
this Resolution were adopted in an open meeting of the Agency,
and that all deliberations of the Agency and of any of its
committees that resulted in these formal actions, were in
meetings open to the public in compliance with all legal
requirements .
Section 5 . This resolution shall take effect: and be in
force immediately upon its adoption.
ADOPTED this 16th day of March, 1994 .
AYES : Members Hodges, Lyons, Reller-Spurgin, Schlendorf Chairman fiiaryanov
NOES : None COMMUNITY REDEVELOPMENT AGENCY
ABSENT: None OF THE CITY OF PALM SPRINGS
ABSTAIN: None
C,j� '-�� �%r..�,/�'l%c'�'..� �✓ L 'ice
Assam t�ant Secretary Vice-Chairman✓
REVIEWED AND APPROVED AS TO FORM:
COUNSEL JJ
PH02/40190 9 -3
EXHIBIT A
Outstanding
Aggregate
Principal
Amount Project Developer
' $5 , 600, 000 Headquarters Hotel Hotel and Convention Center
No. I Partners I , Ltd. , a California
limited partnership
$5 , 600 , 000 Headquarters Hotel Hotel and Convention Center
No. II Partners II , Ltd. , a
California limited partnership
$5, 600 , 000 Headquarters Hotel Hotel and Convention Center
No. III Partners III , Ltd. , a
California limited partnership
$5, 600, 000 Headquarters Hotel Hotel and Convention Center
No. IV Partners IV, Ltd. , a
California limited partnership
$5 , 600 , 000 Headquarters Hotel Hotel and Convention Center
No. V Partners V, Ltd. , a California
limited partnership
$5 , 600 , 000 Headquarters Hotel Hotel and Convention Center
No. VI Partners VI , Ltd. , a
California limited partnership
$5 , 600 , 000 Headc;L + ",._rs Hotel Hotel and Convention Center
No. VII Partners VII, Ltd. , a
California limited partnership
$5 , 600 , 000 Headquarters Hotel Hotel and Convention Center
No. VIII Partners VIII , Ltd. , a
California limited partnership
$5 , 900, 000 Headquarters Hotel Hotel and Convention Center
No. IX Partners IX, Ltd. , a
California limited partnership
$5, 600 , 000 Headquarters Hotel Hotel and Convention Center
No. X Partners X, Ltd. , a California
limited partnership
$5 , 300 , 000 Headquarters Hotel Hotel and Convention Center
No. XI Partners XI, Ltd. , a
California limited partnership
P1102/40190 9 A-1
1
RESOLUTION NO. 921
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A CONTRACT AMENDMENT TO
CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES BY
AND AMONG THE CITY OF PALM SPRINGS, COMMUNITY
REDEVELOPMENT AGENCY AND KEYSER MARSTON ASSOCIATES, INC.
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 seg. ) to carry out the purposes of the redevelopment
in the City of Palm Springs ("City") ; and
WHEREAS the City and the Agency entered into a contract with
Keyser Marston & Associates, ,Inc. on December 4 , 1991, and
December 18 , 1991, respectively; and
WHEREAS the parties to said Professional Services Agreement
desire to extend its term until December 31, 1994 , and clarify
the scope of services to include the preparation of a
financial analysis of the Canyon Development Project, as
provided in the proposed Contract Amendment.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs that the Contract Amendment
to Contract Services Agreement for professional services by
and among the City of Palm Springs,, Community Redevelopment
Agency and Keyser Marston Associates, Inc. is hereby approved.
ADOPTED this 6th day of April, 1994 .
AYES: Members Hodges, Lyons, Reller-Spirgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGGS, CALIF,O-R�N�IA
Assistant Secretary \ Vice-Chairman
REVIEWED & APPROVED kg'-'
a
RESOLUTION NO. 922
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR THE 1993-94 FISCAL YEAR.
' WHEREAS Resolution 892 approving the budget for the fiscal year
1993-94 was adopted on June 23, 1993; and
WHEREAS the Executive Director has recommended, and the Agency
desires to approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is
authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 892 , adopting
the budget for the 1993-94 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND Activity Account Amount
No. 902 0181 4160 107
PERS
Title:
Low & Moderate 301 3906
Income Housing Fund Balance
Purpose: To adjust appropriations pursuant to changes in wages and benefits.
See report re: amending budget on Council Agenda
SECTION 2 . SOURCE
FUND Activity Account Amount
No. 902 0181 4165 4013
Fringe Benefits
Title:
Low and Moderate
Income Housing
Adopted this 6t�_Fday of Aor i l 1994.
AYES:
NOES:
ABSENT: L I✓ '1+
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
((� OF THE CITY 0 ' PALM SPRINGS
By\, /� L� Y� Cr✓ "Y e� �t) x r
sst.Secretary c Vice- Chairman
REVIEWED AND APPROVED tl
RESOLUTION NO. 923
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR THE 1993-94 FISCAL YEAR.
WHEREAS Resolution 892 approving 'the budget for the fiscal year
1993-94 was adopted on June 23 , 1993 ; and
WHEREAS the Executive Director has recommended, and the Agency
desires to approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is
authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 892 , adopting
the budget for the 1993-94 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND Activity Account Amount
No. 301 6789
See attached Fund Balance
Title:
Purpose: To amend Project Area budgets 'for changes in the Admin. Service charges
SECTION 2 . SOURCE
FUND Activity Account Amount
No.
See at ached 5002 6789
Title'_ Administrative
charges
Adopted this 6th day of April 1994 .
AYES: f
NOES:
ABSENT:
ATTEST: 'COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF)PALM SPRINGS
By
Ass Secretary ice- Chairman
'�^VIEWED AND APPROVED
ADMINISTRATION SERVICE CHARGE
FISCAL YEAR 1993-94 +�
FUND/ACTIVITY TOTAL Budget Adjustment
(J
V
121-301 Safety Augmentation 26,049 0 26,049 iT
125-808 Recycling 9,523 0 9,523 1
131-461 Parking 15,288 13,944 1,344 �J
137-848 Comm Develop Block Grant 5,000 5,000 0
341-600 Airport 393,061 510,574 (117,513)
342-680 Wastewater Admin 111,642 116,684 (5,042)
342-681 Wastewater Treatment 281,764 293,984 (12,220)
342-682 Wastewater Collection 95,693 100,294 (4,601)
342-683 Wastewater Disposal 42,530 37,561 4,969
343-710 Golf Course 141,585 133,686 7,899
549-809 Air Quality Management 1,925 0 1,925
550-158 Public Arts 23,601 20,293 3,308
811-180 Central Bus Dist 28,015 19,520 8,495�
812-181 Tahquitz/Andreas 16,548 12,733 3,815
813-182 South Palm Canyon 1,864 2,511 (647)
814-183 Ramon/Bogie 1,523 2,118 (595)
815-184 Oasis 523 477 46
816-185 North Palm Canyon 2,230 3,630 (1,400)
817-186 Highland Gateway 1,309 1,113 196
818-187 Baristo/Farrell 4,573 10,784 (6,211) 7 /
819-188 City-wide 3,361 7,084 (3,723)
820-191 Canyon Project 1,726 5,269 (3,543)
902-181 Low& Mod Income Housing 12,331 15,553 (3,222)J
921-180 Plaza Theatre 9,517 6,816 2,701
Total 1,231,182 1,319,628 (88,446)
* Charge is limited dy HUD regulations.
RESOLUTION NO. 924
RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING, THE SALE OF REAL
PROPERTY LOCATED AT 1820 E. RACQUET CLUB
DRIVE, LOT 11 MB 032/056 ,DESERT PARK ESTATES 9
WHEREAS, the City of Palm Springs acquired a parcel of land
known as APN 501-222-017 in 1976 and agreed to sell the site to the
Community Redevelopment Agency, for the purpose of developing a
construction training program resulting in the construction of a
single-family residence; and
WHEREAS, the property will be transferred to the Community
Redevelopment Agency through escrow; and
WHEREAS, a family of low/moderate income has made an offer to
purchase the house and have asked for a grant subsidy to pay
closing costs and points; and
WHEREAS, the family has been qualified through the Fannie Mae
97-31 Pilot Program as an eligible family of low/moderate income to
purchase the home; and
WHEREAS, the family meets the criteria based on HUD income
limits making them eligible to purchase the house,
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:
Section 1. The Community Redevelopment Agency authorizes
the sale of the single-family house located at
1820 E. Racquet Club Drive, more particularly
described and shown on the plat marked Exhibit
"A" , attached hereto and made a part thereof
for the sum of $110, 500.
Section 2 . A subsidy grant in the amount of $3 , 599.75 is
herein granted to the buyer and will be used
to pay for closing costs and points of 1. 5 of
the loan amount, out of housing setaside
funds.
Section 3 . The City will 'deed the land over to the Agency
through escrow.
Section 4 . The Executor Director and 'the secretary are
hereby authorized to sign documents in a form
approved by the City attorney on behalf of the
Community Redevelopment Agency necessary to
consummate the sale of said house.
Section 5. The City Clerk is hereby authorized to record
documents as necessary with the County
Recorder's office on behalf of the Community
Redevelopment 'Agency.
ADOPTED this 20th day of April _ , 1994 .
AYES: Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
AesdYstant Secretary Vice-Chairman
^;VIEWED & APPROVED
RESOLUTION NO. 925
OF THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, AUTHORIZING THE EXECUTIVE DIRECTOR TO INFORM THE COUNTY OF
RIVERSIDE AUDITOR OF THE SOURCE OF THE AGENCY'S PAYMENT TO THE
EDUCATIONAL REVENUE AUGMENTATION FUND, PURSUANT TO SENATE BILL 1135
WHEREAS, the State of California's budget for fiscal year 1993-94 was balanced
in part by shifting funds from Redevelopment Agencies to School Districts
pursuant to Senate Bill 1135 (State Legislation) ; and
WHEREAS, the Palm Springs Redevelopment Agency's share of that payment is
$269,245; and
WHEREAS, the Agency believes that the required payment is illegal and
unconstitutional, but is being forced to make such payment under the threat that
otherwise other public revenues will be sequestered, and Agency is therefore
making such payment under protest with reservation of right to sue to challenge
the payment.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City Council
of the City of Palm Springs as follows:
Section 1. That the Agency authorizes the Executive Director to inform
the County of Riverside Auditor that the Source of the
Agency's payment to the ERAF will be unallocated fund
balances.
Section 2. That the Agency authorizes the Director of Finance and
' Treasurer to make payment of $269,245 to the ERAF on or before
May 10, 1994.
Section 3. That the Executive Director be directed to make such payment
under written protest approved by Agency counsel citing the
illegality of the State Legislation requiring such payment,
asserting the Agency's protest of same and reserving the
Agency's right to sue to recover said monies.
Section 4. That the Executive Director be directed to consult with other
redevelopment agencies concerning a joint legal action to
contest the State Legislation should the State attempt to
balance the 1994-95 budget by seizing additional funds of the
Palm Springs Redevelopment Agency.
ADOPTED THIS 20th day of April , 1994
AYES; Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES; None
ABSENT; Chairman Maryanov
ATTEST: CITY OF PA SPRINGS, CALI I
1 \\ l
By, L
\,As1sistant Secretary `yExxecu ve irect
REVIEWED & APPROVED �y7�
RESOLUTION NO. 926'
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFC-NIA, AMENDING THE
BUDGET FOR THE 1993-94 FISCAL YEAR,.
WHEREAS Resolution 892 - approving the budget for the fiscal year
1993-94 was adopted on June 23 , 1993 ; and
WHEREAS the Executive Director has recommended, and the Agency
desires to approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is
authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 892, adopting
the budget for the 1993-94 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND Activity Account Amount
No. 820 0191 4385
$269,245
Title:
Project Area #10
Canyon Development Capital Projects, ERAF
Purpose: To appropriate funds for the, State required payment to the
Educational Revenue Augmentation Fund. '
SECTION 2 . SOURCE
FUND Activity Account Amount
No. 820 301
$269,245
Title:
Project Area #10
Canyon Development Fund Balance
Adopted this 20th day of April' 1994 .
AYES: Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF, THE CITY OF PALM SPRINGS /
ssry l fie_ Chairman
RESOLUTION NO. 927
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
' CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
BUDGETS FOR PALM SPRINGS UNIFIED SCHOOL
DISTRICT, COLLEGE OF THE DESERT AND RIVERSIDE
COUNTY SUPERINTENDENT OF SCHOOLS IMPROVEMENTS
AND FINDING THAT SAID IMPROVEMENTS ARE OF
BENEFIT TO THE BARISTO-FARRELL AND AREA NUMBER
9 REDEVELOPMENT PROJECT AREAS.
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 1993/94 for the following:
Project Area
Agency Baristo-Farrell No. 9
Palm Springs Unified $69,890 $40, 294
College of the Desert 19,949 11, 501
County Superintendent 10, 853 0
WHEREAS the proposed budgets are eligible expenditures as outline
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 budgets submitted by the Agencies are
hereby approved.
SECTION 2 . 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.
ADOPTED this 20th day of April , 1994
AYES: Members Hodges, Lyons, Schlendorf, and Vice-Chairman Reller-,Spurgin
NOES: None
ABSENT: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPpRINGS, CALIFORNIA
By: �L `J � �l✓TT7�J 1,f?..'I�CI'-�i ,i�l��-rr,Cr�/l]v
C_ssistant Secretary' Vice- Chairman V
REVIEWED AND APPROVED: ��/^IL�•
GM:CADATATASSTY939ARFS
RESOLUTION NO. 928
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
DISPOSITION DEVELOPMENT AGREEMENT WITH PALM
SPRINGS SENIOR HOUSING, INC.
- - - - - - - - - - - - - -•
WHEREAS, the Community Redevelopment Agency of the City of
Palm Springs (Agency") is constituted under the Community
Redevelopment Law (California Health and Safety Code §33000, et.
seq. ) to carry out the purposes of Redevelopment in the City of
Palm Springs ("City") ; and
WHEREAS, on December 29, 1988, by Ordinance No. 1321, the City
Council of the City of Palm Springs Approved and Adopted a
Redevelopment Plan for Project Area No. 9 (the "Plan") ; and
WHEREAS, Agency staff has negotiated a Disposition Development
Agreement (the "Agreement") with Palm Springs Senior Housing, Inc. ,
(aka Cooperative Services, Inc. ) , a non-profit corporation,
("Deve:loper") , pursuant to which the Agency is to sell the
Developer certain real property within the Project Area consisting
of 3 . 48 acres of vacant land for the purpose of constructing a 60-
Unit Affordable Senior Housing Apartment Project; and
WHEREAS, the purpose of the Agreement is to effectuate the
Redevelopment Plan for Project Area by improving the site within
the Project Area as well as assisting in providing adequate housing
affordable to low/moderate income, senior households (60%-120% of
median) within the City. The development of project on the site is
in the best interest of the Project Area, the City and the welfare
of its residents, and is in accordance with the public purposes and
provisions of applicable Federal, State, Local Laws, and
Regulations, under which the Project has been undertaken and is
being assisted;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:
Section 1. The recitals 'above are true and correct and
are incorporated herein.
Section 2 . The Agency does hereby find and determine as
follows:
A. The Agreement effectuates the purpose of
the plan and it is in the highest and
best interest of the City of Palm Springs
and that the Agree-merit is intended to
result in the development of a affordable
senior housing project.
B. The Agreement effectuates the purpose of
the Community Redevelopment Law by
providing affordable housing to its
residents.
C. It is determined that the property shall
be sold for $452 , 000 as determined by
appraisal.
D. The Agency shall provide a subsidy not to
exceed $259, 000 for construction costs
disallowed by HUD, if necessary.
c�ra _
-
Resolution No. 928 C r�
Section 3 . The Agreement is hereby approved and
incorporated herein by this reference.
Section 4 . Agency Staff is hereby authorized and directed
to take any appropriate actions consistent
' with the purpose of this Resolution.
Section 5. The Executor Director, or his designee, is
hereby authorized to execute on behalf of the
Agency the Agreement and all other documents
necessary to effectuate the Agreement and to
make minor changes as may be deemed necessary
in a form approved by the City Attorney.
ADOPTED this 20th day of April , 1994.
AYES: Members . Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: Chairman Maryanov
ABSTAIN: Member Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
B �
Assistant Secretar ` Vice-Chairman
REVIEWED & APPROVED /
RESOLUTION NO. 929
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS APPROVING THE ISSUANCE OF
ITS TAX ALLOCATION BONDS, 1994 SERIES A, A
FISCAL AGENT .AGREEMENT, ESCROW AGREEMENTS,
OFFICIAL STATEMENTS AND A COMMITMENT AGREEMENT
AND PURCHASE CONTRACT, AUTHORIZING THE
EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF
THE SALE OF THE BONDS, APPROVING THE .PAYMENT
OF COSTS OF ISSUING THE BONDS AND MAKING
CERTAIN DETERMINATIONS RELATING THERETO
WHEREAS, the Redevelopment Agency of the City of Palm Springs
(the "Agency" ) , is a redevelopment agency duly created, established
and authorized to transact business and exercise its powers, all
under and pursuant to the Community Redevelopment Law, being
Section 33000 and following of the Health and Safety Code of the
State of California, and the powers of the Agency include the power
to issue bonds for any of its corporate purposes ; and
WHEREAS, redevelopment plans for certain redevelopment
projects (the "Projects" ) , have been adopted and approved and all
requirements of law for, and precedent to, the adoption and
approval of said plan have been duly complied with; and
WHEREAS, the Agency issued its $10 , 355 , 000 Central Business
District Redevelopment Project Tax Allocation Refunding Bonds, as
issue of 1987 (the 111987 Bonds" ) and the $14, 030 , 000 City of Palm
Springs Financing Authority Revenue (Tax Allocation) Bonds, 1991
Series B (Agency Loans) (the 111991 Bonds" ) (collectively the "Prior
Bonds" ) ; and
WHEREAS, the Agency proposes to issue not to exceed
$26, 000 , 000 principal amount of its Tax Allocation Bonds, 1994
Series A (the "Bonds" ) , the Bonds and to provide Funds for
expansion of the Projects the repayment of which will be secured by
tax increment revenues from the Projects; and
WHEREAS, there has been presented at this meeting a form of
Fiscal Agency Agreement and other documents providing for the
issuance of the Bonds including forms of escrow agreements relating
to each of the Prior Bonds ; and
WHEREAS, there has been presented to this meeting forms of
preliminary official statements relating to the Palm Springs Public
Financing Authority (the "Authority") Local Agency Revenue Bonds in
several series (the "Authority Bonds" ) and a Commitment Agreement
and Purchase Contract between the Agency and the Authority pursuant
to which the Authority has offered to purchase the Bonds from the
Agency, all on the terms and conditions set forth therein; and
FH2\124V014084-0074\2094681.1 05/03/94 -1
R929
WHEREAS, the Agency is authorized to sell the Bonds on a
negotiated basis pursuant to Article 11 of Chapter 3 of Part 1 of
Division 2 of Title 5 of the California Government Code;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Redevelopment Agency of the City of Palm Springs, California, as
follows :
Section 1 . Approval of Issuance of Bonds . The issuance of
not to exceed $26, 000, 000 principal amount Redevelopment Agency of
the City of Palm Springs, Tax Allocation Bonds, 1994 Series A, in
order to refund the Prior Bonds is hereby authorized and approved.
Section 2 . Fiscal Agent Agreement . The form of Fiscal Agent
Agreement by and between the Agency and Bank of America National
Trust and Savings Association as Fiscal Agent (the "Fiscal Agent
Agreement" ) , presented at this meeting is hereby approved and the
Chairperson or any other member of the Agency or the Executive
Director or Treasurer and the Secretary are hereby authorized and
directed, for and in the name of and on behalf of the Agency, to
execute, acknowledge and deliver said Fiscal Agency Agreement in
substantially the forms presented at this meeting with such changes
therein as the officers executing the same may approve, such
approval to be conclusively evidenced by the execution and delivery
thereof . The Chairperson or Executive Director or Treasurer is
further authorized to execute one or more supplemental Fiscal Agent
Agreement to issue one or more series of Bonds as determined by
Bond Counsel .
Section 3 . Appointment of Fiscal Agent . Bank of America
National Trust and Savings Association as Fiscal Agent is hereby
' appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement,
to take any and all action provided for therein to be taken by the
Fiscal Agent .
Section 4 . Official Statement . The form of preliminary
official statements relating to each series of the Authority Bonds
and presented to this meeting are hereby approved. The preparation
of final official statements relating to each series of the
Authority Bonds is hereby approved and the Executive Director or
Treasurer is hereby authorized and directed, for and in the name
and on behalf of the Agency, to execute and deliver final official
statements containing such changes from the respective preliminary
official statements as may be approved by the Executive Director or
Treasurer and the distribution of such preliminary and final
official statements in connection with the sale of the Bonds is
hereby authorized. The Executive Director or Treasurer is also
authorized and directed to deem the preliminary official statements
final within the meaning of Rule 15c2-12 of the Securities Exchange
Act of 1934 (the "Rule" ) , omitting only such information as is
permitted under such Rule, and to execute an appropriate
certificate stating the Agency' s determination that the preliminary
official statements have been deemed final within the meaning of
such Rule .
F,92\124\014084-0074\2094681.1 05/03/94 -2-
R929
Section 5 . Form of Bonds . The form of the Bonds as set forth
in the Fiscal Agent Agreement as presented to this meeting are
hereby approved and the Chairman or Executive Director and
Secretary are hereby authorized and directed to execute by manual
or facsimile signature, in the name and on behalf of the Agency and
under its seal , such Bonds in either temporary and/or definitive
form in the aggregate principal amount set forth in the Fiscal
Agent Agreement and all in accordance with the terms and provisions
of the Fiscal Agent Agreement .
Section 6 . Commitment Agreement and Purchase Contract . The
form of Commitment Agreement and Purchase Contract (the "Purchase
Contract" ) as presented to this meeting between the Agency and the
Authority and the sale of the Bonds pursuant thereto upon the terms
and conditions set forth therein are hereby approved, and subject
to such approval and subject to the provisions of Section 7 hereof,
the Chairman or any other member of the Agency or Executive
Director or Treasurer or his designee is hereby authorized and
directed to evidence the Agency' s acceptance of the offer made by
the Purchase Contract relating to the Bonds by executing and
delivering the Purchase Contract in said form with such changes
therein as the officers executing ,the same may approve and such
matters as are authorized by Section 7 hereof, such approval to be
conclusively evidenced by the execution and delivery thereof .
Section 7 . Executive Director Authorized to Establish Final
Terms of Sale of Bonds . The Executive Director, based on such
advice of Staff as he may deem necessary, is hereby authorized and
directed to act on behalf of the Agency to establish and determine
(i) the final aggregate principal amount of the various maturities
of the Bonds, which amount shall not exceed $26, 000, 000; (ii) the
interest rate or rates on various maturities of the Bonds, provided
that such rates shall not exceed 12% per annum for any maturity f
the Bonds; and (iii) the purchaser' s discount for the purchase of
the Bonds, which amount shall not exceed 20 of the principal amount
of the Bonds .
Section 8 . Escrow Agreements. The forms of Escrow Deposit
and Trust Agreement by and between 'the Agency and Ban], of America
National Trust and Savings Association, as escrow holder (the
"Escrow Agreement" ) , presented at this meeting are hereby approved
and the Chairman or any other member of the Agency or the Executive
Director or Secretary are hereby authorized and directed, for and
in the name of and on behalf of the Agency, to execute, acknowledge
and deliver said Escrow Agreements in substantially the form
presented at this meeting with such insubstantial changes therein
as the officers executing the same may approve, such approval to be
conclusively evidenced by the execution and delivery thereof .
Section 9 . Requisitions . The Executive Director or
Treasurer, or his designee, is hereby authorized and directed to
execute one or more requisitions authorizing the Fiscal Agent to
pay the costs of issuing the Bonds from the proceeds of the Bonds
FS2\124\014(184-0074\2094681.1 05/03/94 -3-
R929
and the moneys, if any, deposited by the Agency with the Fiscal
Agent for such purpose, all pursuant to the Fiscal Agent Agreement .
Section 10 . Other Acts . The officers and staff of the Agency
are hereby authorized and directed, jointly and severally, to do
any and all things (including, but not limited to, obtaining a
policy or policies of municipal bond insurance and/or a rating from
' a national rating agency with respect to the bonds) , or otherwise
to effectuate the refunding of the Prior Bonds, or to otherwise
effectuate the purposes of this Resolution, and any and all such
actions previously taken by such officers or staff members are
hereby ratified and confirmed.
Section 11 . Effective Date . This Resolution shall take
effect upon adoption.
ADOPTED this 4th day of May, 1994 .
AYES : Members Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES : Member Hodges
ABSENT: None
ATTEST REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Assistant Secretary Chairman
' Reviewed and Approved
PS2\124\014084 W4\2094681.1 05/03/94 -4-
RESOLUTION NO. 930
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A SCOPE OF SERVICES WITH KIMLEY-HORN AND
ASSOCIATES, INC. IN THE AMOUNT OF $34,800 TO
UPDATE, EXPAND AND FURTHER DETAIL THE 1992
" PALM SPRINGS DOWNTOWN PARKING
IMPLEMENTATION PLAN" SUBJECT TO AN AGREEMENT
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS the Agency has previously selected the parking consultant firm of Kimley-Horn and
Associates, Inc. to conduct the 1992 "Palm Springs Downtown Parking Implementation Plan"
and this firm successfully completed this initial analysis to the satisfaction of the Agency; and
WHEREAS conditions in and around Downtown Palm Springs have changed significantly over
the past two years, including the significant revitalization of the :Palm Canyon Drive corridor
and the announcement of a major gaming casino adjacent to the Indian Canyon Drive corridor;
and
WHEREAS the financing of two proposed parking structures, one on the former "Bullocks-
Wilshire" site and one adjacent to the proposed casino, will probably require the issuance of
revenue bonds or similar financing mechanism and this activity will require detailed cost-revenue
projections to be supplied in this plan update; and
WHEREAS on-street parking spaces and off-street public parking lots located in Downtown will
need to generate revenues to adequately fund future capital improvements costs as well as
ongoing operations and maintenance costs for parking facilities, and this will be addressed as
an integral element of this updated plan; and
WHEREAS Kimley-Horn and Associates, Inc. has the capabilities to update the 1992 analysis
in a timely and cost efficient manner, since the personnel and original data involved in the 1992
analysis are still available through this firm.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs that the parking consultant firm of Kimley-Horn and Associates, Inc. be
retained to update, expand and refine the 1992 "Palm Springs Downtown Parking
Implementation Plan" at the total cost of $34,800.
ADOPTED this 4th day of May, 1994
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALMf SPRINGS, CALIFORNIA
Assistant Secretary( Ch irman ` t
REVIEWED AND APPROVED
C - , 7
RESOLUTION NO. 931
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING THE BUDGET FOR THE 1993-1994
FISCAL YEAR
WHEREAS Resolution 892approving the budget for the fiscal year 1993-1994
was adopted on June 23, 1993.
WHEREAS the Executive Director has recommended, and the Community Redevelopment
Agency desires to approve, certain amendments to said budget;
NOW THEREFORE be it resolved that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this Resolution,
and that Resolution892 adopting the budget for the 1993-1994 Fiscal Year
is hereby amended as follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
NO. 811 0190 7886
Title: Central P.S. Village Bullock's Parking $34,800
Business District Capital Improvement Lot
' Purpose: To provide funds for updating and expanding the 1992
"Palm Springs Downtown Parking Implementation Plan
SECTION 2. SOURCE Transfer from Parking Fund.
FUND ACTIVITY ACCOUNT AMOUNT
No. 811 301
Title: Central
Business District Fund Balance $34,800
ADOPTED this 4th day of May 1994
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST:
' COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Ass'stant Secretary Chairman
REVIEWED AND APPROVED:
RESOLUTION NO. 932
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY PALM SPRINGS, CALIFORNIA, APPROVING THE
OWNER PARTICIPATION AGREEMENT WITH CANYON
DEVELOPMENT FOR THE CANYON PARK RESORT .AND SPA
MIXED PROJECT WITHIN THE CANYON REDEVELOPMENT
PROJECT AREA GENERALLY LOCATED IN THE AREA ,
SOUTH OF MURRAY CANYON DRIVE, NORTH OF ACANTO
WAY AND EAST AND WEST OF SOUTH PALM CANYON
DRIVE
WHEREAS, the applicant, Canyon Development, a California General
Partnership, has requested an Ownership Participation Agreement
( "OPA" ) to effectuate the Canyon Park Resort and Spa project; and
WHEREAS, the City Council approved the Canyon Park Resort and Spa
Specific Plan #1 (5 . 0576-SP-1) in July of 1991, for a mixed use
project to be located in an area entailing 746 acres; and
WHEREAS, the City Council, after public hearing, approved an
amendment to the Specific Plan #1 (5 . 0576-SP-12).) on January 19 ,
1994, including 340 acres owned or controlled by Canyon Development
and 406 acres owned or controlled by various other parties, which
entails the same land uses as were approved in Specific Plan #1
including but not limited to, a resort hotel and spa, retail and
restaurant complex, single and multi-family residential dwelling
units, a golf course and tennis courts, roadways and flood control
facilities; and
WHEREAS, the approved amendment to the Specific Plan includes an
increase of 300 residential dwelling units; and
WHEREAS, on January 19, 1994, the City Council. approved a Planned
Development District for the 340 acres owned or controlled by
Canyon Development for a 400 room resort hotel and spa, 460 single
and multi-family residential units, a restaurant and retail
complex, an 18-hole golf course , and golf clubhouse, a tennis
complex, roadway improvements, flood control facilities and other
public and private improvements;
WHEREAS, on January 19, 1994, the City Council also approved a
General Plan Amendment for the Canyon Park Resort and Specific
Plan, amending the Land Use and Circulation Maps of the General
Plan; and
WHEREAS, on February 2, 1994, the City Council adopted the
Ordinance approving the Development Agreement for the Canyon Park
Resort and Spa; and
WHEREAS, the Development Agreement sets forth the land uses
approved as part of the Specific Plan #lA and the Planned
Development District; and
WHEREAS, the OPA reflects the land uses approved in the Specific
Plan #lA and the Planned Development District; and
WHEREAS, the Community Redevelopment Agency ("Agency" ) has been
negotiating with Canyon Development to provide financial assistance
for the project; and
WHEREAS, Keyser-Marsten has completed a financial study including
all costs and revenues generated by the various components of the
project, which study concluded that the Canyon Park Resort Park and
R932
Page 2.
Spa project as a whole and the hotel portion in particular are not
economically feasible without financial assistance from the Agency;
and
WHEREAS, the OPA provides up to $300, 000, 000 in public financial
assistance including 100% of the tax increment arising from the
property owned or controlled by Canyon Development and 506 of the
Transient Occupancy Tax generated from the Canyon Park Resort and
' Spa hotel ; and
WHEREAS, the OPA permits the above mentioned funds to only be used
for the construction of public infrastructure related to the
project and not for the construction of private improvements ; and
WHEREAS, the OPA requires the public improvements to be constructed
prior the Developer receiving the financial assistance and requires
that the Agency shall review all contracts for construction of the
public improvements; and
WHEREAS, the OPA stipulates that the commencement of the
construction of the hotel shall be within five years of the
adoption of the agreement; and
WHEREAS, the OPA stipulates that no more than 501 of the
residential component of the Canyon Park Resort and Spa project
shall be completed prior to commencing the construction of the
hotel ; and
WHEREAS, the OPA includes requirements regarding proper property
maintenance, covenants regarding non-discrimination and other
standard clauses to protect the public health and safety; and
WHEREAS, in July of 1991, the City Council certified the Canyon
Redevelopment Plan and Canyon Park Resort and Spa Specific Plan
Final Environmental Impact Resort, adopted a Statement of Facts and
Findings and a Statement of Overriding Considerations; and
WHEREAS, on January 19, 1994, the City Council certified a Negative
Declaration for the Amended Canyon Park Resort and Spa Specific
Plan for which the OPA reflects; and
WHEREAS, the certified Negative Declaration also covers the other
actions related to the amended Specific Plan, such as the General
Plan Amendment, the Planned Development District and the
Development Agreement; and
WHEREAS, the OPA includes the identified land use plan approved as
a part of the amended Specific Plan, the Planned Development
District and the Development Agreement, which have already been
assessed pursuant to the requirements of the California
Environmental quality Act; and
WHEREAS, the Agency has carefully reviewed and considered all of
the evidence presented in connection with the hearing on the OPA,
including but not limited to the staff report and other information '
presented by the applicant and other interested parties at a public
' meeting on June 1, 1994 .
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
FINDS AS FOLLOWS :
Section 1 . That the OPA is consistent with the City' s General
Plan and is consistent with the City Council
approved Canyon Park Resort and Spa General Plan
Amendment, Specific Plan Amendment, Planned
Development District and Development Agreement .
R932
Page 3
Section 2 . That carrying out the OPA including all stipulated
restrictions in the' OPA will. assure the development
of the Canyon Park Resort and Spa project which
will in turn enhance the community by carrying out
the objectives of the General Plan, by enhancing
the City' s economic base, by providing additional
employment opportunities and by providing housing
and recreation opportunities .
Section 3 . Pursuant to California State Health and Safety Code
Section 33421 . 1, funding the provisions of such
improvements is necessary to effectuate the
purposes of the redevelopment plan. The OPA will
provide for the funding of public infrastructure as
related to the Canyon Park Resort and Spa project
which will allow for the realization of the
project . Carrying out the project will effectuate
the purposes of the redevelopment plan by
developing the subject property which has been
determined to include conditions of blight which
otherwise cannot be developed without financial
assistance.
Section 4 . The Executive Director of the Community
Redevelopment .Agency is hereby authorized and
directed, for and in the name, and in behalf of the
Community Redevelopment .Agency to take all action
and to sign all documents in a form approved by
Agency Counsel necessary or desirable to effectuate
the purposes of this resolution.
ADOPTED this 1st day of June 1994 .
AYES : Members Hodges, Lyons, Schlendo,rf and Vice-Chairman Reller-Spurgin
NOES : None
ABSENT: None
ABSTAIN: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
r > CALIFORNIA
Assistant secretary dhairman
REVIEWED AND APPROVED /' s%
J
1
RESOLUTION NO. 933
RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, APPROVING
AN AMENDMENT TO THE CARRIAGE YARD/VINEYARD
PARKING LOT LEASE
WHEREAS, the Agency entered into Agreement No. 236 on May
29, 1990; and
WHEREAS, Carriage Trade Ltd. has requested that the terms of
Agreement No. 236 be amended to exercise its renewal option a
year early and amend the rental rates and loan repayment
schedule; and
WHEREAS, upon conclusion of negotiations, the Lessee and the
Agency have reached an agreement as to these revised terms; and
WHEREAS, the agreed upon revisions are specified in the
First Amendment to the Carriage Yard/Vineyard Parking Lot Lease
NOW THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:
Section 1. The Amendment to Agreement No. 236 between the
Agency and Carriage Trade, Ltd. is hereby
approved.
Section 2 . The Executive Director of the Redevelopment
Agency is hereby authorized to execute the
Amendment in a form approved and acceptable to
the City Attorney.
Section 3 . A copy of the Amendment is on file in the Office
of the City Clerk.
ADOPTED this 8th day of June , 1994 .
AYES: Members Hodges, Lyons, Reller-Spur_gin and Mayor Maryanov
NOES: None
ABSENT: Member Schlendorf
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
9, �essistant Secretary ChairmanL
' REVIEWED & APPROVED
n
RESOLUTION NO. 934
OF THE COMMUNITY REDEVELOPMENT AGENCY. OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
SETTLEMENT AND COOPERATION AGREEMENT WITH
RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS
PERTAINING TO THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT AREA NO. 9
- - - - - - - - - - -- - - --
WHEREAS, on December 29, 1988, the City Council of the City of
Palm Springs adopted ordinance No. 1321 approving the Redevelopment
Plan for Redevelopment Project No. 9 (the "Plan" or "Project Area"
as appropriate) pursuant to the California Community Redevelopment
law ("CRL") (Health & Safety Code §33000 et seq. ; and
WHEREAS, the Riverside County Superintendent of Schools
("Superintendent") is an affected taxing entity, as defined in
Section 33353 . 2 of the Health and Safety Code, and levies ad
valorem property taxes on real property within the Project Area;
and
WHEREAS, Superintendent has disputed the effect of the
adoption of the Plan on the Superintendent; and
WHEREAS, representatives of Superintendent, on one side, and
City and Agency on the other, have met and conferred in good faith
to negotiate a resolution to Superintendent's concerns with respect
to the Plan; and
WHEREAS, Superintendent, City, and Agency desire to resolve
and settle, once and for all times, all past, present, or future
claims, disputes, or causes of action, both real and potential,
arising against Agency and City in relationship to the Plan, and
have proposed a Settlement and Cooperation Agreement between the
parties for that purpose;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs, as follows:
Section 1: The Agency hereby approves the Settlement and
Cooperation Agreement between the Riverside
County Superintendent of Schools, the City of
Palm springs, and the Community Redevelopment
Agency of the City of Palm Springs described
in the above Recitals, a copy of which
Agreement is on file in the office of the
Agency Secretary. The Executive Director is
hereby authorized to make any necessary final
technical and clerical changes to the
Agreement prior to its execution, in the form
approved by the Agency Counsel, and the
Chairman is authorized and directed to execute
the agreement, on behalf of the Agency.
ADOPTED this 15thday of June , 1994.
AYES: Members Hodges, Lyons, Re11er-Spurgin, Schiendorf and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
y
1
AIG
ss2stant Secretary Chaix`marC /
REVIEWED & APPROVED ___� �.r C "" l• �-
RESOLUTION NO. 935
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
SETTLEMENT AND COOPERATION AGREEMENT WITH
RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS
PERTAINING TO THE REDEVELOPMENT PLAN FOR THE
CANYON REDEVELOPMENT PROJECT AREA
' WHEREAS, on July 19, 1991, the Cit Counci
y 1 of the City of
Palm Springs adopted Ordinance No. 1388 approving the Redevelopment
Plan for the Canyon Redevelopment Project (the "Plan") pursuant to
the California Community Redevelopment law ("CRL") (Health & Safety
Code §33000 et sea. ; and
WHEREAS, the Plan delineates a redevelopment project area
known as the Canyon Redevelopment Project Area ("the Project
Area") ; and
WHEREAS, the Riverside County superintendent of Schools
("Superintendent") is an affected taxing entity, as defined in
Section 33353 .2 of the Health and Safety Code, and levies ad
valorem property taxes on real property within the Project Area;
and
WHEREAS, Superintendent has disputed the effect of the
adoption of the Plan on the Superintendent; and
WHEREAS, representatives of Superintendent, on one side, and
City and Agency on the other, have met and conferred in good faith
to negotiate a resolution to Superintendents concerns with respect
' to the Plan; and
WHEREAS, Superintendent, City, and Agency desire to resolve
and settle, once and for all times, all past, present, or future
claims, disputes, or causes of action, both real and potential,
arising against Agency and City in relationship to the Plan, and
have proposed a Settlement and Cooperation Agreement between the
parties for that purpose;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs, as follows:
Section 1: The Agency hereby approves the Settlement and
Cooperation Agreement between he Riverside
County Superintendent of Schools, the City of
Palm springs, and the Community Redevelopment
Agency of the City of Palm Springs described
in the above Recitals, a copy of which
Agreement is on file in the office of the
Agency Secretary. The Executive Director is
hereby authorized to make any necessary final
technical and clerical changes to the
Agreement prior to its execution, in the form
approved by the Agency Counsel, and the
Chairman is authorized and directed to execute
' the agreement on behalf of the Agency.
ADOPTED this 15th day of June , 1994 .
AYES: Members Hodges, Lyons, Schlendorf and Vice-Chairman Reller-Spurgin
NOES: None
ABSENT: None
ABSTAIN: Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
✓ � \� 9
By_
Assistant Secretary Chazrmdn
REVIEWED & APPROVED ro-
RESOLUTION NO. 936
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY COUNCIL CITY OF
PALM SPRINGS, CALIFORNIA AWARDING A
CONTRACT TO ROSENOW SPEVACEK GROUP,
INC.
- - - - - - - - - --
WHEREAS, Health & Safety Code Section 33,490 requires that
prior to December 31, 1994, and each five years thereafter, an
"Implementation Plan" for each Redevelopment Project Area be
adopted by the local jurisdiction; and
WHEREAS, in addition, Health & Safety Code Section 33413 (b) (4)
requires that the Redevelopment Agency, as part of the
Implementation Plan, adopt a "Compliance Plan" for each
Redevelopment Project Area adopted after 1976, to comply with the
"Inclusionary Housing" requirement of Section 33413 (b) (1) and
33413 (b) (2) ; and
WHEREAS, a request for proposal was mailed to qualified
consulting firms. Three firms responded as follows; Rosenow
Spevacek Group, Inc. $14, 500; PMW Associates $19,500; GRC
Copenhaver, Inc. $19, 500. ;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs, as follows:
Section 1. Contract is awarded to Rosenow Spevacek
Group, Inc. in the amount of $14, 500,
plus reimbursable e):penses not to exceed
$300.
Section 2 . The Executive Director, of the Agency is
authorized to execute any necessary
document's as part of` this contract.
Section 3 . The Contract shall be in a form approved
by the City Attorney.
Section 4 . Funds shall be allocated from housing
setaside and redevelopment fund balances.
ADOPTED this 6th _ day of July _ 1994
AYES: Members Hodges, Kleindienst, Reller-Spurgin, and Chairman Maryanov
NOES: None
ABSENT: Member Lyons
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
By. �2„Y CL
�f�ssistant Secretary irmanr
REVIEWED & APPROVED -- A
�}- A� t j
RESOLUTION NO. 937
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR THE 1994-1995
FISCAL YEAR.
' WHEREAS Resolution 938 approving the bud pp g get for,the fiscal year
was adopted on
'WHEREAS the Executive Director has recommended, and the Community
Redevelopment Agency desires to approve, certain amendments to said budget;
NOW THEREFORE be it resolved that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this
Resolution, and that Resolution 938 adopting the budget for the 1994-1995
Fiscal Year is hereby amended as follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 111 0140
Title: Gen. Fund Eco. Dev. Rosenow $14 , 500
Spevacek Grou
Consulting
•+ ' Services
Purpose: Consultant contract with "RSG" for preparation of Agency' s
State-mandated Five-Year Implementation Plan/Housing Compliance
Plan.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No.
Title' Please See Attached bre kout $14 ,5 00
ADOPTED this 60 day of July 1994
AYES: Members Hodges, Kleindienst, Reller-Spurgin and Chairman Maryanov
NOES: None
ABSENT. Member Lyons
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
p - '
(__/Assistant Secretary ! Chairman
REVIEWED AND APPROVED:_
R937
Page 2
SUPPLEMENT TO BUDGET RESOLUTION
FOR ROSENOW SPEVACEK GROUP
STAFF REPORT - JULY 6, 1994
SOURCE OF FUNDS:
813-320-0182-4350 $ 846
815-320-0184-4350 $ 846
816-320-0185-4350 $ 846
817-320-0186-4350 $ 846
818-320-0187-4350 $ 846
819-320-0188-4350 $ 846
820-320-0189-4350 $ 846
$5,920
Housing Setaside Funds - $8,580.00
RESOLUTION NO. 938
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE
COMMUNITY REDEVELOPMENT FUND FOR THE FISCAL YEAR 1994-
95.
' WHEREAS a budget for the fiscal year 1994-95 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 $8,615,178 be approved for
the following purposes:
Administration & Pass Thru's &
Capital Projects Debt Service
Central Business District $294,719 $1,473,609
Tahquitz Andreas 79,507 988,924
South Palm Canyon 159,830 227,243
Ramon Bogie 20,540 392,875
Oasis 4,153 130,535
North Palm Canyon 390,903 259,368
Highland Gateway 148,415 33,329
Baristo Farrell 101,656 1,012,670
Project Area 9 111,596 278,229
Project Area 10 390,727 284,696
Low & Mod. Income Hsng. 1,149,659 469,924
Plaza Theater 212,071 -0-
$3,063,776 $5,551,402
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 6th day of July , 1994
AYES: Members Hodges, Kleindienst, Reller-Spurgin and Chairman Maryanov
NOES: I!None
ABSENT: Member Lyons
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
By
' CA�sistant Secretary chairman
REVIEWED & APPROVED
3
L/ c~i AJ
CJ
C L�J
RESOLUTION NO. 939
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AN OWNER'S PARTICIPATION AGREEMENT WITH HAIG'S
PRINTING, HAIG ATAMIAN, SOLE PROPRIETOR, TO
EFFECTUATE THE CONSTRUCTION OF A NEW PRINTING '
FACILITY AT 5500 RIO BLANCO ROAD, PALM SPRINGS
(RAMON-BOGIE PROJECT AREA/CROSSLEY INDUSTRIAL
TRACT, PARCEL #17)
- - - - - - - - - - - - - -
WHEREAS, Haig Atamian is the sole proprietor of Haig's Printing; and
WHEREAS, Haig's Printing desires to construct a new 12,000 square foot printing facility at
5500 Rio Blanco Road in the Ramon-Bogie Redevelopment Project Area; and
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, this development will benefit the project area by serving as a catalyst for future
developments in the Crossley Industrial Tract and the Ramon-Bogie Redevelopment Area, and
WHEREAS, the California Community Redevelopment Law, Section 33444.6 permits an
Agency to assist with financing "facilities or capital equipment," and further in Section 3342 1.1
authorizes the Agency to provide assistance for the construction of public "streets, sidewalks,
utilities or other improvements where a finding is made that the provision of improvement," is
necessary to effectuate the purpose of the Redevelopment Plan"; and
WHEREAS, the Agency desires to implement the Redevelopment Plan for the Ramon-Bogie
Project Area, which allows for "the development of undeveloped areas which are stagnant or
improperly utilized" (§l, subsection B); "The strengthening of commercial and industrial
functions in the area" (§I, subsection C); and, "The establishment of financial mechanisms to
assist and encourage the development of an auto-sales center and, light industrial and commercial
development." (§I, subsection H)
WHEREAS, the OPA contains provisions assuring the timely development of the property, the
use of the property in accordance with the Redevelopment Plan, covenants for the proper
maintenance of the property, covenants prohibiting discrimination and providing certain tax
increment funds to reimburse expenses for the construction of public improvements.
NOW THEREFORE, be it resolved that the Community Redevelopment Agency of the City of
Palm Springs, California, does hereby resolve the following:
SECTION 1. That the Agency finds development of the property pursuant to the Owner
Participation Agreement and the restrictions and covenants contained therein
furthers the purpose of the Redevelopment Plan and will benefit the community
as a whole.
SECTION 2. That the Agency finds that the financing of the installation of public
improvements with tax increment funds, as provided in the OPA, is necessary to
effectuate the Redevelopment Plan, is necessary for the economic feasibility of
the project and cannot be obtained,on economically feasible terms in the private
market; to wit, since the improvements are necessary for the project, the project
is consistent with the Redevelopment Plan and other projects undertaken in the
area without this assistance have failed, leases have terminated, properties have
been vacated and undeveloped land cannot be developed. e 32-
R939, Pang 2
doe if
' SECTION 3. That the Owner's Participation Agreement signed by Mr. Atamian, on file with
the City Clerk, is hereby approved, and the Executive Director or his designee
are authorized to sign all necessary documents in a form approved by the City
Attorney.
ADOPTED this 6th day of July 1994.
AYES: Members Hodges, Kleindienst, Reller-Spurgin and Chairman Maryanov
NOES: None
ABSENT: Member Lyons
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
As\t ant Secretary Chairman
REVIEWED AND APPROVED:
RESOLUTION NO. 940 _
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY COUNCIL CITY OF
PALM SPRINGS, CALIFORNIA APPROVING
SETTLEMENT AGREEMENT WITH FRANK
MILLER, MADELYN MILLER, JOHN MILLER,
AND THE ' COMMUNITY REDEVELOPMENT ,
AGENCY
WHEREAS, the Community Redevelopment Agency of the City of
Palm Springs, California ("Agency") entered into a lease purchase
agreement for the purchase of the Monte Vista Hotel, located in the
Central Business District, with Frank Miller, Madelyn Miller, John
Miller ("the Millers") on August 9, 1988, by Resolution No. 546;
and
WHEREAS, Pursuant to a dispute arose pursuant to the Agency's
obligation to acquire the property; and
WHEREAS, all parties desire to resolve and settle; once and
for all times, all past, present, 'or future claims, disputes, or
causes of action, both real and potential against the Agency and
City in relationship to this acquisition, and have proposed a
Settlement Agreement ("Agreement") between the parties for that
purpose; and
WHEREAS, representatives of the Millers on one side, and the
City and Agency on the other side,, have met and conferred in good
faith to negotiate the Agreement to purchase the property for
$1, 500, 000. Pursuant to the terms of an agreement for Purchase and
Sale of Real Property and Escrow Instruction attached to the
Settlement Agreement ("Purchase Agreement") .
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs, as follows:
Section 1. The Agency approves the Settlement
Agreement and the Purchase Agreement
between the Millers and the Community
Redevelopment Agency of the City of Palm
Springs described in the above recitals,
a copy of which Agreement is on file in
the office of the Agency's Secretary.
Section 2 . The Executive Director is hereby
authorized to make any necessary final
technical and clerical changes to the
Agreement prior to its execution, in a
form approved by the Agency's legal
counsel.
Section 3 . The Chairman is authorized and directed
to execute the Agreement on behalf of the
Agency.
ADOPTED this 20th day of July — , 1994
AYES: Members Hodges, Kleindienst, ', Lyons, Reller-Spurgin and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE .,CITY OF PALM SPRINGS
By
Assistant Secretary Chairman
REVIEWED & APPROVED_ —
RESOLUTION NO. 941
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY COUNCIL CITY OF
PALM SPRINGS, CALIFORNIA APPROVING
AND AUTHORIZING THE SALE OF REAL
PROPERTY KNOWN 400-428 N. PALM
CANYON DRIVE TO INVESTORS 2000 LTD. ,
A CALIFORNIA 'LIMITED PARTNERSHIP
- - - - - - - - - -
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. sea. ) to carry out the purpose as the
redevelopment in the City of Palm Springs ("the City") ; and
WHEREAS, on May 23 , 1973 by Ordinance Number 952 , the City
Council of the City of Palm Springs approved and adopted a
Redevelopment Plan for the Central Business District Project Area
("the Plan") ; and
WHEREAS, Agency staff has negotiated a Commercial Real Estate
Purchase Contract and Receipt for Deposit ("Purchase Contract") to
effectuate the sale of the above-referenced property, which
includes a hotel and 5 commercial shops with Investors 2000 Limited
("Purchaser") pursuant to which Agency is to sell Purchaser certain
real property within the Project Area and Purchaser is to operate
the hotel and shops thereon, which use is consistent with the Plan,
the General Plan of the City and City's Zoning, and which Project
use will help expand and diversify the City's economic base; and
WHEREAS, a Notice of Public Hearing concerning the sale was
' published in accordance with applicable law; and
WHEREAS, on June 20, 1994, the Agency held a Public Hearing
concerning the sale; and
WHEREAS, the Agency has considered the Agency Summary Report
prepared pursuant to Health and Safety Code Section 33433 , the
staff report, and all the information, testimony and evidence
provided during the public hearing on June 20, 1994.
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 sale 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
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.
(b) The Purchase Contract 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
Resolution No. 941
July 20, 1994
alleviated by private enterprise
acting alone, in that the purpose of
the sale is to facilitate the
redevelopment and operation of the
hotel and retail buildings in order
to maintain existing sales tax
revenue and attract additional e
commercial development within the
City and increase the City's tax
base.
(c) The Purchase Contract 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.
(d) That the consideration payable for
the property is riot less than the
fair market value of the property in
accordance with the highest and best
use ;under the Redevelopment Plan.
Section 3. The Purchase Contract is hereby approved
and incorporated herein by this
reference.
Section 4 . The Agency staff is hereby authorized and
directed to take the appropriate action
consistent with the purpose of this
Resolution.
Section 5. James Stuart, doing business as Group One
Service, is hereby appointed and approved
as the Agency's Agent of Record for this
transaction, and shall be compensated a
flat fee commission of $50,000.
Section 6. The Chai';rman is hereby authorized to
execute on behalf of the Agency the
Purchase Contract and all other documents
necessary in a form approved by the City
Attorney.'
Section 7. The Executive Director is hereby
authorized to make any necessary final
technical and clerical changes to the
Purchase Contract prior to its execution,
in a form approved by the Agency's legal
counsel.
ADOPTED this 20th day of July , 1994
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov
NOES: None ,
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
y�
Assistant Secretary thairman`
REVIEWED & APPROVED
RESOLUTION NO. 942
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING
APPROPRIATIONS FROM FISCAL YEAR 1993-94 TO THE FISCAL
YEAR 1994-95.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs has
' adopted a budget for the 1993-94' fiscal year; and
WHEREAS certain projects budgeted in the 1993-94 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 1994-95 fiscal year, the amount indicated or
the final audited unencumbered balances, which is the lesser amount, as of June
30, 1994 of the following accounts:
ACCOUNT NO. ACCOUNT TITLE AMOUNT
811-0180-7387 Plaza de Las Flores 93,888
811-0180-7669 Downtown Sts/Sidewks 12,435
811-0180-7861 Tahquitz Improvement Project 363
811-0189-4353 Contractual Legal Services 15,539
811-0190-7786 Bullock's Parking Lot 38,305
813-0182-7278 Belardo Road Bridge 102,633
813-0182-7840 Tahquitz Canyon Interpretive Center 50,000
814-0183-7528 Inactive Landfill Study 38,500
902-0181-7298 Self Help Housing 565,300
902-0181-7468 Housing & Economic Rehabilitation 14,368
902-0181-7639 Desert Highland New Construction 75,000
902-0181-7720 Down Payment Assistance 14,459
902-0181-7727 Multifamily Construction 1,251,598
902-0181-7884 Hope 3 Grant Program 300,000
921-0180-7609 Plaza Theatre Renovation 129,701
2,702,089
All appropriations approved subsequent to passage of this resolution, but prior
to the end of the 1993-94 fiscal year.
ADOPTED this 20th day of July , 1994.
AYES: Members Hodges, R,edler-Spurgin and Vice-Chairman Lyons
NOES: None
ABSENT: None
ABSTAIN: Member Kleindienst and Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
By
ASS �ecretary 'Chairman _/
REVIEWED & APPROVED `�
RESOLUTION NO. 943
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A CERTIFICATE OF
COMPLETION FOR THE PLAZA LAS FLORES PROJECT PER THE
TERMS OF THE REDEVELOPMENT PARTICIPATION AGREEMENT. '
WHEREAS the Agency has entered into a Redevelopment Participation Agreement with John
Wessman dba Wessman Development Company ("Participant")in regard to the Plaza ]as Flores
Project; and
WHEREAS an important component of this redevelopment project has been the remodel plan
for the Welwood Murray Library building and site; and
WHEREAS the Participant has now completed the construction of all building and site
improvements consistent with plans approved by the City of Palm Springs in regard to this
Project and as required by the terms and 'conditions of the Redevelopment Participation
Agreement, including the remodel plan for the Welwood Murray Library; and
WHEREAS the Agreement stipulates that, promptly after completion of all construction to be
completed by the Participant on the Site, the Agency shall furnish the Participant with a
Certificate of Completeion upon written request therefor by the Agreement; and
WHEREAS the issuance by the Agency of the Certificate of Completion shall be conclusive
evidence that the Participant has complied with the terms of the Agreement pertaining to the
development and construction of improvements on the Site; and
WHEREAS the Participant has requested that the Agency furnish the Participant with the
Certificate of Completion; and
WHEREAS the Agency has conclusively determined that the construction and development on
the Site as required by the Agreement has been satisfactorily completed.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City
of Palm Springs that the Certificate of Completion for the Plaza has Flores Project is hereby
deemed approved, and is to be issued to the Participant per the terms and conditions of•the
Redevelopment Participation Agreement.
ADOPTED this 20 day of July, 1994.
AYES: Members Hodges, Reller-Spurgin and Vice-Chair Lyons
NOES: None
ABSENT: None
ABSTAIN: Member Kleindienst and Chairman Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
�T
X�sis ant Secretary Chainna'n
REVIEWED AND APPROVED —
L_
C2
RESOLUTION NO. 944
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33445 RELATING TO PAYMENT OF ALL
OR PART OF A LIEN AND COVENANT RELATING TO
CERTAIN LAND WITHIN CERTAIN PROJECT AREAS
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs ( "Agency" ) adopted the Redevelopment Plan for the Central
Business District Project ( "Central Business District") on July 27,
1973 , pursuant to Ordinance No. 952 (the "Central Business District
Plan" ) ; and
WHEREAS, the Agency adopted the Redevelopment Plan for the North
Palm Canyon Project on October 19, 1984, pursuant to Ordinance No.
1227 (the "North Palm Canyon Plan" ) ; and
WHEREAS, the Agency adopted the Redevelopment Plan for the South
Palm Canyon Project on November 30, 1983 , pursuant to Ordinance No.
1203 (the "South Palm Canyon Plan") ; and
WHEREAS, the Agency adopted the Redevelopment Plan for the Baristo-
Farrell Project on June 6, 1986, pursuant to Ordinance No . 1264
(the "Baristo-Farrell Plan") ; and
WHEREAS, the Agency adopted the Redevelopment Plan for the Ramon-
Bogie Project on November 30, 1983 , pursuant to Ordinance No. 1202
(the "Ramon-Bogie Plan") ; and
' WHEREAS, the Agency adopted the Redevelopment Plan for
Redevelopment Project No. 9 on December 21, 1988 pursuant to
Resolution No. 583 (the "Project No. 9 Plan" ) ; and
WHEREAS, the Agency adopted the Redevelopment Plan for the
Tahquitz-Andreas Project on August 26, 1983 pursuant to Resolution
No. 145 (the "Tahquitz-Andreas Plan") ; (collectively the "Project
Areas" ) , and
WHEREAS, the Agency and/or the City of Palm Springs (the "City")
has acquired, or will acquire, certain land (the "Land") and has
constructed, or will construct, certain buildings, facilities,
structures, and other improvements (collectively "Improvements" )
within the Project Areas described above which are, or will become,
publicly-owned within the meaning of Health & Safety Code Section
3345 (the "Statute") ;
WHEREAS, the Members of the Agency ( "Agency Members") have
determined that certain publicly-owned Improvements within the
meaning of the Statute, located within one Project Area are of
benefit to certain Project Areas other than the Project Area in
which the Land and/or Improvements are physically located; and
WHEREAS, the Agency Members have determined that absent the payment
of certain project costs by project areas which receive benefit
from the land and/or improvements, but in which the Land and/or
Improvements are not physically located, no other reasonable means
of financing such Land and/or Improvements are available to the
community; and
WHEREAS, all of the findings and determinations made herein were
based upon careful consideration and analysis of all relevant and
available evidence.
NOW, THEREFORE, the Agency Members do hereby resolve and determine
as follows :
FS2U24W14084-00M2106787.1 07/29/94 ]_
R944
Page 2
Section 1 . The renovation, rehabilitation, expansion and
operation of the Palm Springs Convention Center, and the
acquisition of land relating thereto, which constitutes a publicly-
owned building, facility, structure or improvement within the
meaning of the Statute physically located within the Tahquitz
Andreas Project, is of benefit to the Ramon-Bogie Project and the
Baristo-Farrell Project, and the immediate neighborhoods in which
said project areas are located, in that the Palra Springs Convention
Center by attracting patrons into said projects and the immediate '
neighborhoods in which said projects are located, (i) enhances the
revitalization of the city' s retail and commercial areas located
within the above-described projects ; (ii) increases employment
within the above-described projects; (iii) generates extra tax
revenues for the use of the Agency within the above-described
projects ; (iv) enhances the marketability of commercial and retail
property within the above-described, projects; (v) actively promotes
and encourages tourism and other economic: activities which
contribute to the value of the property within the above-described
project; (vi) contributes to the elimination of blight in the
above-described projects .
Section 2 . Based upon the benefit findings contained in Section
1 above, the Agency is hereby authorized to pay certain amounts
pursuant to the Schedule, in the amounts, and from the project
areas indicated below:
Purpose Ramon Bogie B a r i s t o - Total
Farrell
Release of $751, 000 $150, 000 $901, 000
Liens on
P r a i r i Schooner r
Parcel 1
Section 3 . The expenditures by the Agency relate, pertain to,
among other things, the Land and Improvements generally described
in Section 1 and 2 above, and could not have been made but for the
advance of said funds by the Agency. Through adoption of this
Resolution, the Agency Members specifically determine and find that
no other reasonable means of financing such Land and Improvements
were or are available to the community except as provided herein.
Section 4 . This Resolution shall take effect from and after the
date of its passage and adoption. ,
Adopted this 27 day of July 19 94.
AYES : Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov
NOES : Member Hodges
ABSENT: None
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
BY
Ass _Secretary J Chairman?
REVIEWED AND APPROVED
F32\124\014084-0001\2106787.1 07/29/94 2
RESOLUTION NO. 945
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE CROSSLEY INDUSTRIAL TRACT IN
THE RAMON-BOGIE PROJECT AREA AS THE "PALM
SPRINGS ECONOMIC DEVELOPMENT INCENTIVE ZONE."
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 Crossley Industrial Tract, which is located on Indian-owned land, is in the
Ramon-Bogie Redevelopment Project Area; and
WHEREAS the Bureau of Indian Affairs has attempted to encourage development on Indian land
by developing incentive programs, such as au accelerated depreciation program; and
WHEREAS the California Community Redevelopment Law, §33444.6 permits an Agency to
assist with financing "facilities or capital equipment, including, but not limited to, pollution
control devices;" and
WHEREAS the Agency desires to implement the Redevelopment Plan for the Ramon-Bogie
Project Area, which allows for "the development of undeveloped areas which are stagnant or
improperly utilized" (§I, subsection B); "The strengthening of commercial and industrial
functions in the area" (§I, subsection C); and, "The establishment of financial mechanisms to
assist and encourage the development of air auto-sales center and, light industrial and commercial
development" (§I, subsection H); and
WHEREAS the effect of the Assessment District levy on the financing of projects in the area
is to create, for appraisal purposes, a negative value on the underlying land, it has been difficult
or impossible for developers to obtain private sector financing to build in the tract at
economically feasible terms; only one building has been constructed in the tract during the life
of the project, and it has never been leased; Haig Atamian was able to secure a loan but not in
an amount that allowed him to make the improvements on the property; and other owners have
been unable to obtain feasible financing at all; and
WHEREAS pursuant to these goals and authorities on July 6, 1994 the Agency authorized
providing economic incentives in connection with the Haig Atamian Project, and desires to
extend these same benefits to other similar projects; and
WHEREAS this Economic Development Incentive Zone designation will benefit the area by
serving as a catalyst for future developments in the Crossley Industrial Tract and the Ramon-
Bogie Redevelopment Area.
NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs,
California, does hereby resolve the following:
SECTION 1. That the Crossley Industrial Tract be designated and marketed as the Palm
Springs Economic Development Incentive Zone, with the tax increment generated
by property improvements rebated to the property owners for the purposes of
helping them pay for off-site improvements installed through Assessment District
155.
SECTION 2. The City of Palm Springs, California, has given its consent and has found that the
provision of such improvements, including the financing of the installation of
public improvements with tax increment funds, as provided in the OPA, are
necessary to effectuate the purposes of the Redevelopment Plan.
C: ll,"
R945
Page 2
.,�
SECTION 3. The Agency finds that the 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 4. Each Owner shall enter into an Owner Participation Agreement in accordance
with state law, in form and content similar to the; OPA for the Haig Atamian
Project, on file in the office of the City Clerk, and subject to the approval of the
Agency Board.
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 3rd day of August , 1994.
AYES: Members Hodges, Kleindienst, Lyons, and Chairman Maryanov
NOES: None
ABSENT: Member Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
4In
B -- _ �4r 2n,5�
Y J�LdViL,Ci€:6r6^✓
—
�As.s4stant Secretary / Ghairman
REVIEWED AND APPROVED: �K� —
RESOLUTION NO. 946
FIRST AMENDED RESOLUTION NO. 929 OF THE
REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS APPROVING THE ISSUANCE OF ITS TAX
ALLOCATION BONDS, OR LOANS A FISCAL AGENT
AGREEMENT, ESCROW AGREEMENTS, A LOAN
AGREEMENT, SUPPLEMENTAL LOAN AGREEMENTS,
OFFICIAL STATEMENTS AND A COMMITMENT AGREEMENT
AND PURCHASE CONTRACT, AUTHORIZING THE
EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF
THE SALE OF THE BONDS OR APPROVAL OF THE
LOANS, APPROVING THE PAYMENT OF COSTS OF
ISSUING THE BONDS AND MAKING CERTAIN
DETERMINATIONS RELATING THERETO
WHEREAS, the Redevelopment Agency of the City of Palm Springs
(the "Agency") , is a redevelopment agency duly created, established
and authorized to transact business and exercise its powers, all
under and pursuant to the Community Redevelopment Law, being
Section 33000 and following of the Health and Safety Code of the
State of California, and the powers of the Agency include the power
to issue bonds for any of its corporate purposes; and
WHEREAS, redevelopment plans for certain redevelopment
projects (the "Projects") , have been adopted and approved and all
requirements of law for, and precedent to, the adoption and
approval of said plan have been duly complied with; and
WHEREAS, the Agency issued its $10, 355, 000 Central Business
District Redevelopment Project Tax Allocation Refunding Bonds, as
issue of 1987 (the 111987 Bonds") and the $14, 030, 000 City of Palm
Springs Financing Authority Revenue (Tax Allocation) Bonds, 1991
Series B (Agency Loans) (the 111991 Bonds") (collectively the "Prior
Bonds" ) ; and
WHEREAS, the Agency proposes to issue not to exceed
$26, 000, 000 principal amount of its Tax Allocation Bonds (the
"Bonds") , or 1994 Loans of an equivalent amount and upon the same
terms and conditions (the "Loans") , the Bonds and to provide Funds
for expansion of the Projects the repayment of which will be
secured by tax increment revenues from the Projects; and
WHEREAS, there has been presented at this meeting a form of
Fiscal Agency Agreement and/or Loan Agreement and other documents
providing for the issuance of the Bonds or approval of the Loans
including forms of escrow agreements relating to each of the Prior
Bonds; and
WHEREAS, there has been presented to this meeting forms of
preliminary official statements relating to the Palm Springs Public
Financing Authority (the "Authority" ) Local Agency Revenue Bonds in
several series (the "Authority Bonds") and a Commitment Agreement
and Purchase Contract between the Agency and the Authority pursuant
' P821124\014084-007412094681.2 08/10/94 -1-
R946
Page 2
to which the Authority has offered to purchase the Bonds from the
Agency, all on the terms and conditions set forth therein; and
WHEREAS, the Agency is authorized to sell the Bonds on a
negotiated basis pursuant to Article 11 of Chapter 3 of Part 1 of
Division 2 of Title 5 of the California Government Code;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Redevelopment Agency of the City of Palm Springs, California, as
follows :
Section 1 . Approval of Issuance of Bonds or Loans . The
issuance of not to exceed $26, 000, 000 principal amount
Redevelopment Agency of the City of Palm Springs, Tax Allocation
Bonds, 1994 Series A, or Agency Loans of an equivalent amount and
terms and conditions, in order to refund the Prior Bonds is hereby
authorized and approved.
Section 2 . Fiscal Agent Agreement . The f.ornn of Fiscal Agent
Agreement by and between the Agency and Bank of America National
Trust and Savings Association as Fiscal Agent (the "Fiscal Agent
Agreement" ) , presented at this meeting is hereby approved and the
Chairperson or any other member of the Agency or the Executive
Director or Assistant Executive Director or Treasurer and the
Secretary are hereby authorized and directed, for and in the name
of and on behalf of the Agency, to execute, acknowledge and deliver
said Fiscal Agency Agreement in substantially the forms presented
at this meeting with such changes therein as the officers executing
the same may approve, such approval to be conclusively evidenced by
the execution and delivery thereof . The Chairperson or Executive
Director or Assistant Executive Director or Treasurer is further
authorized to execute one or more supplemental Fiscal Agent
Agreement to issue one or more series of Bonds as determined by
Bond Counsel .
Section 3 . Appointment of Fiscal Agent.. Bank of America
National Trust and Savings Association as Fiscal Agent is hereby
appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement,
to take any and all action provided for therein to be taken by the
Fiscal Agent .
Section 4 . Official Statement . The iEorm of preliminary
official statements relating to each series of the Authority Bonds
and presented to this meeting are hereby approved. The preparation
of final official statements relating to each series of the
Authority Bonds is hereby approved and the Executive Director or
Assistant Executive Director or Treasurer is hereby authorized and
directed, for and in the name and on behalf of the Agency, to
execute and deliver final official statements containing such
changes from the respective preliminary official statements as may
be approved by the Executive Director or Assistant Executive
Director or Treasurer and the distribution of such preliminary and
final official statements in connection with the sale of the Bonds
is hereby authorized. The Executive Director or Assistant
PS2\124\014084-0074\2094681.2 08/09/94 -2
R946
Page 3
Executive Director or Treasurer is also authorized and directed to
deem the preliminary official statements final within the meaning
of Rule 15c2-12 of the Securities Exchange Act of 1934 (the
"Rule" ) , omitting only such information as is permitted under such
Rule, and to execute an appropriate certificate stating the
Agency' s determination that the preliminary official statements
have been deemed final within the meaning of such Rule .
' Section 5 . Form of Bonds . The form of the Bonds as set forth
in the Fiscal Agent Agreement as presented to this meeting are
hereby approved and the Chairman or Executive Director or Assistant
Executive Director or Treasurer and Secretary are hereby authorized
and directed to execute by manual or facsimile signature, in the
name and on behalf of the Agency and under its seal, such Bonds in
either temporary and/or definitive form in the aggregate principal
amount set forth in the Fiscal Agent Agreement and all in
accordance with the terms and provisions of the Fiscal Agent
Agreement .
Section 6 . Commitment Agreement and Purchase Contract . The
form of Commitment Agreement and Purchase Contract (the "Purchase
Contract") as presented to this meeting between the Agency and the
Authority and the sale of the Bonds pursuant thereto upon the terms
and conditions set forth therein are hereby approved, and subject
to such approval and subject to the provisions of Section 7 hereof,
the Chairman or any other member of the Agency or Executive
Director or Assistant Executive Director or Treasurer or his
designee is hereby authorized and directed to evidence the Agency' s
acceptance of the offer made by the Purchase Contract relating to
the Bonds by executing and delivering the Purchase Contract in said
form with such changes therein as the officers executing the same
may approve and such matters as are authorized by Section 7 hereof,
' such approval to be conclusively evidenced by the execution and
delivery thereof .
Section 7 . Approval of Loans . The Agency hereby
authorizes and approves the Loans to be made to the Agency by the
Authority from the proceeds of the Bonds . The Loans shall be made
pursuant to and in accordance with the terms of the Loan Agreement
or any supplemental Loan Agreements . The Agency hereby approves
the Loan Agreement or any supplemental Loan Agreements in
substantially the forms on file with the Secretary together with
any additions thereto or changes therein (including, but not
limited to the principal amounts of the Loans) deemed necessary or
advisable by the Executive Director or _Assistant Executive Director
or Treasurer, whose execution thereof shall be conclusive evidence
of approval of any such additions and changes . The Chairperson or
Executive Director or Assistant Executive Director or Treasurer is
hereby authorized and directed to execute, and the Secretary is
hereby authorized and directed to attest and affix the seal of the
Agency to, the final form of the Loan Agreement or any supplemental
Loan Agreements or and in the name and on behalf of the Agency.
The proceeds of the Loans shall be applied by the Agency for the
purposes and in the amounts set forth in the Loan Agreement or any
PS211241014084-0074\2094111.2 01/01/94 -3-
R946
Page 4
supplemental Loan Agreements . The Agency hereby authorizes the
delivery and performance of the Loan Agreement or any supplemental
Loan Agreements .
Section 8 . Executive Director Authorized to Establish Final
Terms of Sale of Bonds . The Executive Director, based on such
advice of Staff as he may deem necessary, is hereby authorized and
directed to act on behalf of the Agency to establish and determine
(i) the final aggregate principal amount of the various maturities
of the Bonds or Loans, which amount shall not exceed $26, 000, 000 ;
(ii) the interest rate or rates on various maturities of the Bonds
or Loans, provided that such rates shall not exceed 12o per annum
for any maturity f the Bonds ; and (iii) the purchaser' s discount
for the purchase of the Bonds or Loans .
Section 9 . Escrow Agreements'. The forms of Escrow Deposit
and Trust Agreement by and between the Agency and Bank of America
National Trust and Savings Association, as escrow holder (the
"Escrow Agreement") , presented at this meeting are hereby approved
and the Chairman or any other member of the Agency or the Executive
Director and Secretary are hereby authorized and directed, for and
in the name of and on behalf of the 'Agency, to execute, acknowledge
and deliver said Escrow Agreements in substantially the form
presented at this meeting with such insubstantial changes therein
as the officers executing the same may approve, such approval to be
conclusively evidenced by the execution and delivery thereof .
Section 10 . Requisitions . The Executive Director or
Assistant Executive Director or Treasurer, or his designee, is
hereby authorized and directed to execute one or more requisitions
authorizing the Fiscal Agent or Trustee to pay the costs of issuing
the Bonds from the proceeds of the Bonds or Loans and the moneys,
if any, deposited by the Agency with the Fiscal Agent- or Trustee
for such purpose, all pursuant to the Fiscal Agent Agreement or
Loan Agreement .
Section 11 . Project No . 9 . The Agency is hereby
specifically authorized to pledge, by way of the Issuance of Agency
Bonds or Loans, the tax increment of Project No. 9 to payment of
any agency Bonds and/or Loans and the Authority Bonds .
Section 12 . Other Acts . The officers and staff of the Agency
are hereby authorized and directed, jointly and severally, to do
any and all things (including, but not limited to, obtaining a
policy or policies of municipal bond insurance and/or a rating from
a national rating agency with respect to the bonds) , or otherwise
to effectuate the refunding of the Prior Bonds„ or to otherwise
effectuate the purposes of this Resolution, and any and all such
actions previously taken by such officers or staff members are
hereby ratified and confirmed.
FS2WWO14084-007412094681.2 08/09/94 -4-
R946
Page 5
Section 11 . Effective Date. This Resolution shall take
effect upon adoption.
ADOPTED this 3rd day of August, 1994 .
AYES : Members Kleindienst, Lyons, and Chairman Maryanov
NOES : Member Hodges
ABSENT: Member Reller-Spurgin
' ATTEST REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
'+�_ \mil �^--� %,�}/�r/['2jeL � ,bL✓4e'A/��://
A si /tant Secretary ✓ Chairman
Reviewed and Approved
HS2V24\014094-0074\2094681.2 08/09/94
RESOLUTION NO. 947
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE PURCHASE
OF THE PRAIRIE SCHOONER SITE FOR
$2,275,000 FROM THE CITY OF ]PALM
SPRINGS, SUBJECT TO THE AVAILABILITY
OF FUNDS FROM THE 1994 SERIES A
REVENUE BONDS.
---------------------
WHEREAS, the Prairie Schooner site, more particularly described and shown on Exhibits A and
B, is owned by the City of Palm Springs; and
WHEREAS, the site is of prime importance to the development of the Indian gaming casino; and
WHEREAS, the Memorandum of Understanding between the Agua Caliente Tribal Council,
the City and the Community Redevelopment Agency (CRA) includes the disposition of the
Prairie Schooner site by the CRA; and
WHEREAS, the value of that site is set at $2,275,000 by the Convention Center Lease Revenue
Bonds, 1991 Series A bond covenants; and
WHEREAS, the City wishes to sell the site to the CRA for that amount.
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
SECTION 1. The Community Redevelopment Agency of the City of Palm Springs
hereby approves the sale and accepts the acquisition of the land commonly
referred to as the Prairie Schooner site, more particularly described and
shown on Exhibits A and B attached hereto, and made a part hereof, for
the sum of $2,275,000.
SECTION 2. That the sale, described in Section 1, is contingent upon the availability
of funding from the 1994 Series A Revenue; Bonds.
SECTION 3. That the Executive Director and the Assistant Secretary are hereby
authorized to sign documents approved by the Agency Counsel on behalf
of the Community Redevelopment Agency, necessary to consummate the
acquisition of said land.
SECTION 4. The Assistant Secretary is hereby authorized to accept the deed and
arrange for it to be recorded in the County :Recorder's office on behalf of
the Community Redevelopment Agency of the City of Palm Springs.
ADOPTED this loth day of August , 1994.
AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: Member Hodges
ABSENT: None
ATTESTS COMMUNITY,REDEVELOPMENT AGENCY
By
Assistant Secretary Chairman
REVIEWED&APPROVED ��
R947 115283-11
Page 2
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE, AND IS DESCRIBED AS FOLLOWS:
1
PARCEL 1 :
BLOCKS 7 AND 8 IN SECTION 14 , TOWNSHIP 4 SOUTH, RANGE 4 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
OF SAID LAND FILED IN THE DISTRICT LAND OFFICE APRIL 5, 1928 .
SAID BLOCKS 7 AND 8 ARE SHOWN ON AN OFFICIAL PLAT OF A PORTION
OF SECTION 14, MADE BY R.A. WEHR, SURVEYOR, UNITED STATES INDIAN
SERVICE, DATED NOVEMBER, 1948 .
PARCEL 2 :
BLOCK 111 IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF
SAID LAND MADE BY R.A. WEHR, SURVEYOR, UNITED STATES INDIAN
SERVICE, DATED NOVEMBER, 1948 .
SUPPLEMENT PLATS OF SAID LAND, BASED UPON THE SURVEY BY ROBERT
A. WEHR, SURVEYOR, UNITED STATES INDIAN SERVICE, DATED NOVEMBER,
1948 , AND DEPENDENT RESURVEY BY GROUP 117, ACCEPTED IN 1927
WERE FILED IN THE DISTRICT LAND OFFICE OCTOBER 22, 1956 AND JULY
21, 1958 .
PARCEL 3 :
THAT PORTION OF CALLE ALVARADO (ABANDONED) LYING ADJACENT TO ON
THE EAST BOUNDARY LINES AND SOUTHERLY OF THE EASTERLY EXTENSION
OF THE NORTHERLY LOT LINE OF BLOCK 111 AND NORTHERLY OF THE
EASTERLY EXTENSION OF' THE SOUTHERLY LOT LINE OF BLOCK 8, AS
VACATED BY CITY RESOLUTION 15302 AND RECORDED DECEMBER 19, 1984
AS INSTRUMENT NO. 270713 AND MAY 8, 1986 AS INSTRUMENT NO.
106344 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
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bility is assumed by reason of reliance hereon.
RESOLUTION NO. 948
AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS TO PAYOFF TWO
PROMISSORY NOTES HELD BY PALM DESERT NATIONAL
BANK FOR THE ACQUISITION OF 7.50 ACRES FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF VISTA
CHINO - - - - - - - - - - - - - -
WHEREAS, the Redevelopment Agency of the City of Palm Springs,
California, "Agency", is constituted under Community Redevelopment
Law (California Health and Safety Code Section 33300, et sea• to
carry out the purposes of redevelopment in the City of Palm Springs
("City") ; and
WHEREAS, certain real property known as Lot 1, Parcel Map
Recorded February 1, 1975, as shown by Map on file in Book 17, Page
7, of Parcel Maps, Records of Riverside County, California (APN
507-100-029-9) in Project Area No. 9 was purchased by the Agency in
November, 1990; and
WHEREAS, in order to purchase the 7 . 5 acre site, the Agency
signed two secured Promissory Notes currently totalling $1, 007, 000
with Palm Desert National Bank, the first for $600, 000 secured by
the property and the second for $407, 000 secured by a Certificate
of Deposit; and
WHEREAS, the two Notes will become due and payable on December
30, 1994; and
WHEREAS, it is the desire of the Agency to payoff both Notes
' at this time;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs as follows:
Section 1. The Executive Director of the Agency, and/or
his designee, is authorized to execute all
necessary documents, in a form approved by the
City Attorney, to payoff both Notes totalling
$1,007, 000 to Palm Desert National Bank by
December 30, 1994.
Section 2 . Funds are available in Housing Setaside Fund
Balance and shall be transferred for the
purpose of paying off the $600, 000 Note.
Section 3 . Any proceeds from the future sale of this
property shall be deposited into the 20%
Low/Moderate Fund in accordance with Section
33334 . 1 (b) California Community Redevelopment
Law.
ADOPTED this 7th day of September , 1994 .
' AYES: Members Kleindienst, Lyons, Reller-Spurgin & Chairman Maryanov
NOES: None
ABSENT: None
ABSTAIN: Member Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF T /J �CITY OF PALM SPRINGS
Assistant Secretary Chairman
REVIEWED & APPROVED
L.
RESOLUTION NO. 949 -
OF THE COMMUNITY', REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE BUDGET FOR
THE 1994-95 FISCAL YEAR
WHEREAS, Resolution 938, approving the budget for the fiscal '
year 1994-95 was adopted on July 6, 1994; and
WHEREAS, the Executive Director has recommended, and the
Community Redevelopment Agency 'desires to approve, certain
amendments to said budget;
NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance
is authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 938, adopting
the budget for the 1994-95 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0181 7850 $600, 000
Title:
L/M Housing Vista Chino
Manor
Purpose: Payoff Vista Chino Promissory Notes (2)
SECTION 2 . SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 301 $600,000
Title:
Housing Set Fund Balance:
Aside
ADOPTED this 7th day of September , 1994 .
AYES: Members IKleindienst, Lyons, Reller-Spurgin, & Chairman Maryanov
NOES: None
ABSENT None
ABSTAIN: Member Hodges
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF ,/PALM SPRINGS, CALIFORNIA
4�
BY � /� �zd � �'�d t/rvs✓
Assistant Secretary Chairman J
REVIEWED & APPROVED
RESOLUTION NO. 950
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE BUDGET FOR
THE 1994-95 FISCAL YEAR
WHEREAS, Resolution 938, approving the budget for the fiscal
year 1994-95 was adopted on July 6, 1994; and
WHEREAS, the Executive Director has recommended, and the
Community Redevelopment Agency desires to approve, certain
amendments to said budget;
NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance
is authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 938, adopting
the budget for the 1994-95 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0181 $259, 000
Title:
L/M Housing Palm Springs
Senior Housing
' Purpose: Establish line item entitled Palm Springs Senior Housing
for construction items disallowed by U.S. Department of
Housing and Urban Development.
SECTION 2 . SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 301 $259, 000
Title:
L/M Housing Fund Balance
ADOPTED this 7th day of September , 1994 .
AYES: Members Kleindienst, Lyons, Reller-Spurgin & Chairman Maryanov
' NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Cha&rman
REVIEWED & APPROVED I
RESOLUTION NO. 961
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING
THE MITIGATED NEGATIVE DECLARATION FOR THE
GENERAL PLAN AMENDMENT, THE ZONING; TEXT
AMENDMENT AND THE PLANNED DEVELOPMENT DISTRICT
(CASE 5 . 0667 GPA/ZTA/PD-232) FOR THE AGUA
CALIENTE INDIAN GAMING FACILITY AND RELATED
ACTIONS SUCH AS THE DISPOSITION AND
DEVELOPMENT AGREEMENT AND AN OPTION AGREEMENT,
WITHIN A TOTAL PROJECT SITE OF APPROXIMATELY
17 . 25 ACRES, GENERALLY BOUND BY AMADO ROAD,
CALLE ALVARADO, ANDREAS ROAD AND INDIAN CANYON
DRIVE, R-4-VP, C-2 , C-1AA AND RESORT OVERLAY
ZONES, SECTION 14 .
WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) , in
association with Caesars Palm Springs Management Company, Inc . ,
have submitted an application for and/or requested a General Plan
Amendment, a Zoning Text Amendment and a :Planned Development
District (PD) for an Indian Gaming Facility (gaming facility) for
a total square footage of approximately 119 , 000 square feet to be
built in two phases (phase I would entail up to 75, 000 square
feet) ; and
WHEREAS, an Environmental Assessment was prepared for the proposed
project in compliance with the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA) by the co-
lead agencies of the City of Palm Springs and the National Indian
Gaming Commission and with the assistance of cooperating agencies - 1
the Tribe and the Bureau of Indian Affairs; and
WHEREAS, the total project area entails a total acreage of
approximately 17 . 25 acres and the Indian Gaming Facility itself
will be located on a 10 . 3 acre site within the total project
boundary, generally bound by Amado Road, Calle El Segundo, Andreas
Road and Calle Encilia; and
WHEREAS, the General Plan Amendment consists of revisions to the
Land Use Element and the General Plan Land Use and Circulation Map,
including the following: land use designation changes from High
Density Residential (H43/30) and CBD to Resort Commercial (RC) ;
relocation of the fire station symbol ; textual
revisions/clarification to include Indian development standards (as
previously approved) , gaming facilities on trust lands of the Agua
Caliente Indian Reservation - Tribal lands only, the encouragement
of resort hotels and entertainment; the removal of a portion of the
secondary thoroughfare, Calle Encilia from Amado Road to Tahquitz
Canyon Way from the Land Use and Circulation Map; the removal of
the collector street, Andreas Road from Indian Canyon Way to Calle
Alvarado from the land use and circulation map; and, minor
revisions to various charts; and
WHEREAS, the Zoning Text Amendment consists of adding text to allow
Indian gaming facilities on trust lands of the Agua Caliente Indian
Reservation - Tribal lands only - pursuant to the approval of a PD,
to permit parking lots in the C-lAA Zone not in conjunction with a
permitted use by right of zone and to permit parking lots and
parking structures pursuant to a Conditional Use Permit in the R-4
Zone; and
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs (Agency) shall consider a Disposition and Development
I ��
Res. 951
Page 2
Agreement (DDA) between the Agency and the Tribe for project
related land transactions; and
WHEREAS, an Option Agreement shall be considered by the Agency
between the Agency and the Walter Family Trust for project related
land transactions; and
' WHEREAS, the PD entails a gaming facility proposal which will
operate 24-hours per day and will include gaming, restaurant and
entertainment uses; and
WHEREAS, the gaming facility will provide for adequate parking in
Phase I and will complete an analysis to further refine the parking
required for Phase II; and
WHEREAS, the proposed General Plan Amendment, Zoning Text
Amendment, PD, the DDA, Option Agreement and other related actions
discussed in the Environmental Assessment are considered "projects"
pursuant to the terms of CEQA and a Mitigated Negative Declaration
has been prepared for the project and has been distributed for
public review and comment in accordance with CEQA as discussed
above; and
WHEREAS, the Mitigated Negative Declaration prepared for the
project finds that the proposed project will not have a significant
negative impact on the environment; and
WHEREAS, the Environmental Assessment/ Mitigated Negative
Declaration also discusses and analyzes the future vacation of
streets adjacent to the gaming facility (Calle Encilia from Amado
Road toward Tahquitz Canyon Way and Andreas Road from Indian Canyon
Drive to Calle El Segundo) , the relocation of Hilton Hotel tennis
courts and parking (currently located within the PD project site)
to a portion of a 5 . 7 acre site located within the total project
boundary (the Prairie Schooner site) and, analyzes the demolition
of ancillary parking for the Spa and Hilton Hotels and deems the
reduction insignificant pursuant to the approval of an
Administrative Minor Modification; and
WHEREAS, a notice of public hearings of the Planning Commission,
the City Council and the Agency to consider and approve,
respectively, the subject applications and agreements and the
Mitigated Negative Declaration and notice of the CEQA and NEPA
public review period for the Environmental Assessment (from August
1, 1994 through August 30, 1994) was mailed out to property owners
within 400 feet of the project boundary and other interested
parties and was published in the Desert Sun; and
WHEREAS, the Planning Commission at a hearing held on August 24,
1994, voted in favor (4-0 ; 2 absent) of the project; and
WHEREAS, the Agency has carefully reviewed and considered all of
the evidence presented in connection with the hearing on the
project, including but not limited to the staff report and the
environmental data including but not limited to the Environmental
Assessment and related comments .
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
FINDS AS FOLLOWS :
Section 1 : Pursuant to CEQA, the Community Redevelopment Agency
finds as follows :
a. The Mitigated Negative Declaration has been completed in
compliance with CEQA, the State CEQA Guidelines and the City, s
CEQA procedures . The Agency has independently reviewed and
Res 951
Page 3
considered the information contained in 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,
socioeconomic, public safety, archaeological/historic
resources and light and glare) , and that on the basis of the
Environmental Assessment and comments received during the
public review process as of this date, and in light of the
whole record there will be no adverse environmental effects as
a result of the approval of the project because mitigation
measures identified in the Environmental Assessment/Mitigated
Negative Declaration have been incorporated into the project
which mitigate any potential significant environmental effects
to point acceptable within the community. The mitigation
measures are adopted in the Conditions of Approval of this
project as outlined in Exhibit A of the Planned Development
District resolution (as on file in the Office of the City
Clerk) . The Agency further finds that: the Environmental
Assessment/Mitigated Negative Declaration reflects its
independent judgement .
b. The Mitigation Monitoring Program is in compliance with
Public Resources Code Section 21081 . 6 and is required in order
to assure compliance with the above referenced mitigation
measures during project implementation. These mitigation
measures are referenced in the Conditions of Approval of this
project as outlined in Exhibit A of the Planned Development
District resolution (as on file in the Office of the City
Clerk) .
c . Pursuant to Fish and Game Code Section 73.1 .4, this project e
has a de minimis impact on fish and wildlife.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
Community Redevelopment Agency hereby certifies the Mitigated
Negative Declaration (Exhibit A of this Resolution) as in
compliance with CEQA for the Disposition and Development Agreement,
Option Agreement, General Plan Amendment and Zoning Text Amendment
(Case 5 . 0667 GPA/ZTA/1:'D-232) .
ADOPTED this 7th day of September 1994 .
AYES : Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Mayor; Maryanov
NOES : None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CAL,IlrRNIA y
By: � � ��ff�l,e2,J( CZ , ;� ✓
Asistant Secretary Chairman
REVIEWED AND APPROVE --
I
Res 951 4 / /L � r ,
Page 4 �"`) w
Res 18461 EXHIBIT A
CITY OF PALM SPRINGS
CALIFORNIA
PO Box 2743, Palm Springs, CA 92263-2743
Negative Declaration
(Cal . Admin. Code Sec . 15083)
Case No. : 5.0667-GPA/ZTA/PD-232
Applicant: Agua Caliente Band of Cahuilla Indians/Caesars Palm Springs
Management Co.
Address: 110 N. Indian Canyon Dr. , Palm Springs, CA 92262
PROJECT DESCRIPTION General Plan Amendment/Zoning Text Amendment/Planned
Development District/Disposition & Development Agreement between the
Redevelopment Agency & the Tribe, Option Agreement between the Agency & the
Walter Family Trust for an Indian Gaming Facility including land transactions,
relocation of Hilton Hotel tennis courts & future street vacations generally
bounded by Amado Road/Calle Alvarado/Andreas Road/Indian Canyon Drive.
FINDING
It is found by the Palm Springs City Council that the above described project
will not have a significant adverse effect on the environment.
REASONING IN SUPPORT OF FINDING
There is no evidence before the City that the proposed amendment will have any
potential, significant adverse effect on the environment as shown by the
Environmental Assessment for the project & the record of the hearing on the
project.
MITIGATION MEASURES
Refer to the Environmental Assessment for mitigation measures and comments (on
file in the Department of Planning & Zoning, City Hall, Palm Springs) .
DATE: September 7, 1994
DOUGLAS R. EVANS, Secretary
Planning Commission
RESOLUTION NO. 952
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN
THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS AND THE REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CONCERNING THE ESTABLISHMENT OF A
TRIBAL GAMING ENTERPRISE.
---------------------
WHEREAS, The Community Redevelopment Agency of the City of Palm
Springs, California ("Agency") is constituted under Community
Redevelopment Law (California Health and Safety Code, Section
33000, et sea. to carry out the purposes of redevelopment in the
City of Palm Springs ("City") ; and
WHEREAS, the Agency adopted the Tahquitz-Andreas Redevelopment
Project Area by Ordinance No. 1187 , effective August, 1993 , which
encompasses significant portions of an area adjacent to downtown
Palm Springs; and
WHEREAS, the Agua Caliente Band of Cahuilla Indians has proposed a
gaming enterprise to be located in the Tahquitz-Andreas
Redevelopment Project Plan; and
WHEREAS, on March 2 , 1994, a Memorandum of Understanding was
approved between the Agency and the Tribe. by Resolution No. 919 ,
establishing guidelines and setting forth the terms for the
preparation of a Disposition and Development Agreement; and
WHEREAS, on August 24 , 1994 , the Planning Commission held a public
hearing to review and take action on the approval of the
Environmental Assessment/Mitigated Negative Declaration; and
WHEREAS, a public hearing was held on September 7 , 1994 , pursuant
to California Health and Safety Code Section 33433 , et sea. ; and
WHEREAS, the parties entered into 'a Memorandum of Understanding on
March 2 , 1994 and have subsequently negotiated a Disposition and
Development Agreement ("DDA") , the purpose of which is to implement
the Tahquitz-Andreas Redevelopment Plan; and
WHEREAS, a public hearing was held on September 7 , 1994 , by the
City Council and the Community Redevelopment Agency, to review and
act on the approval of the Disposition and Development Agreement
and the Environmental Assessment/Mitigated Negative Declaration;
and
WHEREAS, the DDA provides for the acquisition by the Agency of
certain parcels and the disposition of those parcels along with
others already owned by the Agency to the Tribe with requirements
that the Tribe develop a gaming facility on the site, and
thereafter operate and maintain said use; and
WHEREAS, a Summary Report, attached to the staff report, has been
prepared as required by Section 33'433 and is incorporated herein by
this reference; and
WHEREAS, the Summary Report specifies: (i) the cost of the
Agreement to the Agency, (ii) the estimated 'value of the interest
to be conveyed valued at the highest use permitted under the
6
RESOLUTION 952
DDA - CASINO
Page 2
Redevelopment Plan, (iii) the value of the interest to be conveyed
determined with the restrictions imposed by the Agreement, (iv) the
purchase or lease price, (v) an explanation of the reason for any
difference between the value under the Redevelopment Plan and the
actual purchase price or lease pursuant to the Agreement and (vi)
an explanation of how the transaction will assist in eliminating
blight; and
WHEREAS, the Summary Report is and has been available to the
public; and
WHEREAS, it is the intent of the Agency and the desire of the City
to work in cooperation with the Tribe.
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 DDA will cause the
development of the Site into a 119, 000 square foot
gaming facility, subject to conditions which will
mitigate significant environmental impacts on
surrounding property and assure more maintenance of
the property, consistent with the requirements of
the Redevelopment Plan and the General Plan, for a
period of 15 years, subject to a revenue-sharing
provision.
SECTION 2 . The Agency further finds that the Site is currently
characterized by blight as follows: (i) the Site
and vicinity are urbanized, (ii) the Site is
partially occupied by buildings which are unsafe
and unhealthy in that they are characterized by
serious building code violations, defective design
and physical construction, faulty or inadequate
utilities, dilapidation and deterioration, (iii)
excessive vacant lots which, due to land ownership
patterns, location and economic blight, reflect a
lack of proper utilization, constitute a serious
physical and economic burden, (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 constitute
blight under Health and Safety Code Sections
33030 (b) (1) (1) (A) and 33031(a) (1) (2) (b) (1) (2) , in
that these conditions are so prevalent and
substantial that they cause a lack of proper
utilization of the Site, such that it is a serious
physical and economic burden to the community.
SECTION 3 . The conditions described above will not be altered
by the private sector acting alone in that the
Agency's powers of condemnation to accomplish Site
assemblage are necessary to the project,and
constructing the project at a location in proximity
to downtown and the Convention Center best
accomplishes the goals of the Redevelopment Plan
and General Plan, and best accomplishes the
RESOLUTION 952
DDA - CASINO
Page 3
revitalization of downtown and eliminates the
conditions of blight described above.
SECTION 4 . The consideration for the Fire Station and Prairie
Schooner Parcels is, not less than fair market value
at the highest and best use under the Redevelopment
Plan, and that when consideration for all parcels
is taken into account, and the covenants and
conditions contained in the DDA, including the use
restrictions to use the Site for gaming purposes,
along with the development: costs of the project,
the consideration for all four parcels is not less
than the fair reuse value at the use and with the
covenants and conditions and development costs
authorized by the DDA.
SECTION 5. The Agency finds that carrying out the Agreement
will assure the development of the proposed gaming
casino facility, which, in turn, will assist in the
elimination of blight, will enhance the City's
economic base, will provide additional employment
opportunities to both members of the Tribe and the
general population, will provide additional
recreational and social opportunities in the
community to residents and visitors alike, and, by
so doing will enhance the community by carrying out
the objectives of the General Plan. e
SECTION 6. That the Disposition and Development Agreement by
and between the Agua Caliente Band of Cahuilla
Indians and the Redevelopment Agency of the City of
Palm Springs concerning the establishment of a
Tribal Gaming Enterprise 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, in a form approved
by the Agency's General Counsel.
ADOPTED this 7th day of September .1994 .
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY
fOF PALM SPRINGS, CALIFORNIA
Asais:tant Secretary Ch
REVIEWED &APPROVED
1 4
RESOLUTION NO. 953
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN OPTION
AGREEMENT BY AND BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF
' THE CITY OF PALM SPRINGS,
CALIFORNIA, A PUBLIC BODY, CORPORATE
AND POLITIC ("AGENCY") AND THE
WALTER FAMILY PARTNERSHIP, A
CALIFORNIA LIMITED PARTNERSHIP
( "OPTIONEE" ) CONCERNING THE
DISPOSITION OF PROPERTY FOR HOTEL
USE.
---------------------
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs, California, is constituted under Community Redevelopment
Law (California Health and Safety Code Section 33000) , et sea. , to
carry out the purposes of redevelopment in the City of Palm Springs
("City") ; and
WHEREAS, the Agency adopted the Tahquitz-Andreas Redevelopment
Project Area by Ordinance No. 1187, effective August, 1993 , which
encompasses significant portions of an area adjacent to downtown
Palm Springs; and
WHEREAS, the Agency is the owner of certain unimproved real
property consisting of approximately 1. 64 acres located in the
County of Riverside, State of California, more particularly known
' as the "Remainder Portion" of the Prairie Schooner Trailer Park
site; and
WHEREAS, on March 2, 1994, a Memorandum of Understanding was
approved between the Agency and the Tribe by Resolution No. 919,
establishing guidelines and setting forth the intent to negotiate
an Option Agreement ("Agreement") with the Walter Family
Partnership on the Remainder Portion of the Prairie Schooner; and
WHEREAS, an Option Agreement has been negotiated which provides for
the disposition by the Agency of the Remainder Portion and sets
forth terms and conditions; and
WHEREAS, the Optionee desires to have the right to acquire said
property for the purpose of expanding their hotel, known as the
Hilton Hotel; and
WHEREAS, the Agency is willing to grant Optionee an option to
acquire said property subject to all of the terms, conditions and
provisions of the Option Agreement.
WHEREAS, a Summary Report, attached to the Staff Report, has been
prepared, pursuant to Health and Safety Code Section 33433 , et sea,
and is incorporated herein by the reference; and
WHEREAS, the Summary Report specifies: (i) the cost of the project
to the Agency, (ii) the estimated value, the interest to be
conveyed at highest use permitted under the Redevelopment Plan,
(iii) the value of the interest to be conveyed determined with the
restrictions imposed by the Agreement, (iv) the purchase or lease
price, (v) an explanation of the reason for any difference between
the value and the actual purchase price, (vi) an explanation of how
the transaction will assist in eliminating blight; and
RESOLUTION 953
Walter Partnership
Page 2
WHEREAS, the Summary Report is and has been available to the
public.
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 Option Agreement
will cause the development of -the Site, subject to
conditions which will mitigate significant
environmental impacts on surrounding property and
assure the maintenance of the ;property, consistent
with the requirements of the Redevelopment Plan and
the General Plan.
SECTION 2 . The Agency further finds that the Site is currently
characterized by blight as follows: (1) the Site
and vicinity are urbanized and has adverse
conditions so prevalent and so substantial as to
cause a reduction or lack of proper utilization of
the area to such an extent that it constitutes a
serious physical and economic burden in the
community, which cannot be expected to be altered
by the private sector acting alone, (2) an area
characterized by, among other things: (i) factors
that prevent or substantially hinder the economic-
ally viable use of the site, (ii) economically
blighted conditions within the area including
depreciated or stagnant property values, and under-
development of the site, these characteristics
taken together constitute blight. under Health and
Safety Code Sections 330�30(b) (1) (1) (A) and
33031 (a) (1) (2) (b) (1) (2) , in that these conditions
are so prevalent that they cause a lack of proper
utilization of the site, such that it is a serious
physical and economic burden on the community.
SECTION 3 . The consideration for the Remainder Portion is not
less than fair market value at the highest and best
use under the Redevelopment Plan.
SECTION 4 . The Agency finds that carrying out the Agreement
will assure the development of the site which, in
turn, will assist in the elimination of blight,
will enhance the City's economic base and by so
doing, will enhance the community by carrying out
the objective of the General Plan.
SECTION 5. The Option Agreement by and between the Walter
Family Partnership and the Community Redevelopment
Agency of the City of Palm Springs concerning the
disposition of certain real property for hotel use
is hereby approved.
SECTION 6. Said Option shall commence on the Grant Date and
continues for Seven-Hundred and Thirty (730) days
following the Grant Deed ("Initial Option Period") ,
and allows for an' extension of an additional 730
days.
RESOLUTION 953
Walter Partnership
Page 3 I
SECTION 7 . The Agency hereby grants Optionee an option to
acquire the property for a purchase price of $7 . 50
per square foot, upon all of the terms, covenants
and conditions contained in the form of the
Agreement of Purchase and Sale of Real Property in
Escrow Instructions.
SECTION 8 . That the Option Agreement is on file in the Office
of the City Clerk, and the Executive Director, and
or his designee are authorized to sign all
necessary documents in a form approved by the
Agency's General Counsel.
ADOPTED this 7th day of 5epteriber , 1994 .
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY?F PALM SPRINGS, CALIFORNIA
BY
Assistant Secretary Cha'irma-n
' REVIEWED &APPROVED
1
RESOLUTION NO. 954 _
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY 'OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING PARTICI-
PATION IN A HOME PROGRAM FOR THE
CONSTRUCTION OF 20 SINGLE-FAMILY
HOMES IN THE HIGHLAND GATEWAY
REDEVELOPMENT PROJECT IN CONJUNCTION
WITH THE COACHELLA VALLEY HOUSING
COALITION
WHEREAS, the Community Redevelopment Agency of the City of
Palm Springs, California ("Agency") has established an affordable
housing setaside fund in accordance with Section 33000 At se . of
the California Health and Safety Code; and
WHEREAS, the funds are earmarked for the acquisition,
construction, and rehabilitation of affordable housing to benefit
the community; and
WHEREAS, the Coachella Valley Housing Coalition ("CVHC")
applied for and received a HOME Fund Grant from the Department of
Housing & Community Development, originally earmarked for another
City who opted out of the Program; and
WHEREAS, CVHC requested reallocation of the grant to Palm
Springs and has been authorized and granted permission to place the
$781,777 grant of 1992 HOME Funds, with the City of Palm Springs
for the creation of a 20 unit self-help single family sweat equity
new home construction program in the Highland Gateway Redevelopment
Project Area; and
WHEREAS, the Agency will contribute an amount not to exceed
$625, 200 from Housing Setaside Funds towards the program to be used
for the payment of city fees, technical assistance, acquisition,
relocation, and demolition of the 6 4-unit apartment buildings
which will be included as part of the overall. project; and
WHEREAS, the Housing Element of the General Plan encourages
participation in self-help housing programs to meet our overall
single-family residential need within the City for larger family
households of very low and low income,
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment
Agency of the City of Palm Springs, as follows:
Section 1. The Agency will participate in a
partnership with the Coachella Valley
Housing 'Coalition in the creation of a
20-unit self-help sweat equity single-
family construction program in the
Highland Gateway Redevelopment Project
Area.
Section 2 . The program is determined to be of
benefit ' to the Highland Gateway
Redevelopment Project Area through the
acquisition and demolition of
deteriorated and stagnate property, and
the construction of single-family homes
which will be sold to families of very
low and low income, 30-50% of County
Median.,
Section 3 . The Agency will grant a not-to-exceed
$625, 200 from Housing Setaside Funds as a#
part of the Agency's participation in the
program.',
Res. 954 A
Page 2
Section 4. The Executive Director, or his designee,
is hereby authorized to sign all
necessary documents in a form approved by
the Agency's legal counsel.
ADOPTED this 21st day of September , 1994
' AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Chair Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
,r ✓ I
By: ( l� ��/�2/i�
-f__JAssistant Secretary Chairman
REVIEWED & APPROVED
RESOLUTION NO. 955
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE BUDGET FOR
THE 1994-95 FISCAL YEAR
WHEREAS, Resolution 938, approving the budget for the fiscal
year 1994-95 was adopted on July 6, 1994; and
WHEREAS, the Executive Director has recommended, and the
Community Redevelopment Agency desires to approve, certain
amendments to said budget;
NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance
is authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 938, adopting
the budget for the 1994-95 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0181 $325, 200
Title:
L/M Housing Home Program
Purpose: Construction of 20 single-family self-help homes through
a Sweat Equity Program in conjunction with Coachella
Valley Housing Coalition ("CVHC") . Line item has to be
created for Home Program. Total Agency' s subsidy $625,200.
SECTION 2 . SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0183. 301 $325, 200
Title:
Housing Set Fund Balance
Aside
ADOPTED this 21st day of September , 1994 .
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF/ PALM SPRINGS, CALIFORNIA
BY
Ass stant Secretary / Chairman
REVIEWED & APPROVED
RESOLUTION NO. 956 CX411
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE BUDGET FOR
THE 1994-95 FISCAL YEAR
' WHEREAS, Resolution 938, approving the budget for the fiscal
year 1994-95 was adopted on July 6, 1994; and
WHEREAS, the Executive Director has recommended, and the
Community Redevelopment Agency desires to approve, certain
amendments to said budget;
NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance
is authorized to record inter-fund cash transfers as required in
accordance with this Resolution, and that Resolution 938, adopting
the budget for the 1994-95 fiscal year is hereby amended as
follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT.'
No. 902 0181 $300,000
Title:
L/M Housing Home Program
' Purpose: Construction of 20 single-family self-help homes through
a Sweat Equity Program in conjunction with Coachella
Valley Housing Coalition ("CVHC") .A Line item has to be
created for Home Program. Total gency's subsidy $625,200.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 902 0181 7884 $300, 000
Title:
L/M Housing Hope 3
' ADOPTED this 21st day of September , 1994.
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Chair Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
distant Secretary Chairman
REVIEWED & APPROVED
RESOLUTION NO. 957
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, A SETTLEMENT AGREEMENT WITH THE COUNTY OF
RIVERSIDE, ENDING THE SB 2557 LITIGATION.
WHEREAS SB 2557 enabled counties to impose property tax collection fees '
and booking fees on redevelopment agencies and cities within the State of
California; and
WHEREAS the Agency believed that SB 2557 represented an illegal and
unconstitutional charge to the City and Agency; and
WHEREAS the litigation initiated by the City and Agency was initially
successful, leading to a court order to the County impounding the funds;
and
WHEREAS many other such cases were filed around the state and were
consolidated in a state-wide action in Sacramento involving 180 public
agencies; and
WHEREAS, the State Legislature has, amended SB 2557 to cure many of the
difficulties in the legislation; and
WHEREAS the case of Arcadia vs County of Los Angeles was decided by the
Court of Appeal adverse to the cities' and agencies' position, the Supreme
Court has denied review and most of the 180 public agency plaintiffs have
abandoned the litigation; and
WHEREAS, continued litigation now has little hope of success and a
settlement agreement has been negotiated with the County of Riverside; and
WHEREAS the CRA wishes to no longer litigate the matter;
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs that the Settlement Agreement with the County of
Riverside resolving the question of the enforceability of SB 2557 is
hereby approved.
ADOPTED this Plst day of September , 1994.
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Chair Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
Assistant Secretary Chairman
REVIEWED & APPROVED —
RESOLUTION NO. 958
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AN OWNER PARTICIPATION AGREEMENT WITH F.
MARTIN HOLLISTER AND AGNES L. HOLLISTER, FOR
' REDEVELOPMENT OF A PARCEL WITHIN THE CROSSLEY
INDUSTRIAL TRACT IN THE RAMON-BOGIE PROJECT
AREA
- - - - - - - - - - - - - -
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency")
seeks to encourage the improvement of property, facilities, and creation and retention of jobs
within the Agency's redevelopment project areas, including the Ramon-Bogie Redevelopment
Project Area ("Project Area"); and
WHEREAS, the Agency desires to implement the Redevelopment Plan ("Plan") for the Project
Area, which plan encourages (i) "The strengthening of commercial and industrial functions in
the area" (§I, subsection C); and, (ii) "The establishment of financial mechanisms to assist and
encourage the development of an auto-sales center and, light industrial and commercial
development." (§I, subsection H): and
WHEREAS, the CRL, at Health and Safety Code Section 33380, requires a redevelopment
agency to permit an owner of real property in the project area to participate in redevelopment
of that property consistent with the Redevelopment Plan; and
WHEREAS, F. Martin Hollister and Agnes L. Hollister as joint tenants with right of
survivorship ("Hollister"), are sublessees under a master lease of a parcel within the Ramon-
Bogie Redevelopment Project Area ("Project Area"), which parcel is known as Parcel #25 of
the Crossley Industrial Tract and generally located at 5700 Indian Springs Road ("the Property");
and
WHEREAS, Hollister qualifies as an "owner-participant" within the meaning of the California
Community Redevelopment Law ("CRL") (Health & Safety Code §33000 et seq.); and
WHEREAS, Hollister desires to redevelop the Property and rehabilitate the building structure
located thereon in order for the Properly to be usable within, and for the uses permitted, in the
Crossley Industrial Tract (the "Project"); and
WHEREAS, Hollister and Agency staff have negotiated an Owner Participation Agreement to
provide for Agency financial assistance in the form of a rebate of tax increment generated by
Hollister's property improvements; and
WHEREAS, all actions required to be taken by the Agency precedent to the Agency's
consideration of the proposed Owner Participation Agreement have been taken in accordance
with applicable law.
' NOW THEREFORE, the Community Redevelopment Agency of the City of Palm Springs,
California, does hereby resolve as follows:
SECTION 1. The Agency finds that the Agency's financial assistance as set forth in the
Owner's Participation Agreement is consistent with the Plan and necessary for the
redevelopment of the property and will benefit the redevelopment of the project
area.
C "'
Res. No. 958 G
Page 2
SECTION 2. The Owner Participation Agreement, a copy of which is on file with the Secretary
of the Agency, is hereby approved.;
SECTION 3. The Agency's Executive Director is authorized and directed on behalf of the
Agency to execute the Owner Participation Agreement in a form approved by the
Agency Counsel, and to take such other and further actions, including executing '
such documents in a form approved by the Agency Counsel, as may be necessary
to implement the Agreement on behalf of the Agency.
ADOPTED this 19th day of October , 1994.
AYES: Members Hodges, Kleindienst, Lyons, Reller--Spurgin & Chairman Maryanov
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF LIFORNIA IT PALM SPRINGS,
By -( —
Assf stant Secretary cutive Di ctor
REVIEWED AND APPROVED:
1
e
RESOLUTION NO. 959
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR THE 1994-1995
FISCAL YEAR.
- - - - - - - - - -
WHEREAS Resolution 938 approving the budget for the fiscal year
was adopted on July 6, 1994;
WHEREAS the Executive Director has recommended, and the Community
Redevelopment Agency desires to approve, certain amendments to said budget;
NOW THEREFORE be it resolved that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this
Resolution, and that Resolution 938 adopting the budget for the 1994-95
Fiscal Year is hereby amended as follows:
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
Pic. 811 0189 4298
Title: Central Monte Vista Repairs/Main- $67,000
Business District Hotel tenance
Purpose: Complete repairs at Monte Vista Hotel
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. 811 301
$ 67,000
Title: Central Fund Balance
Business District
ADOPTED this 2nd day of _November, 1994
AYES: Members Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov
NOES: Member Hodges
ABSENT: None
' ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
j Assistant Secretary Chairman
REVIEWED AND APPROVED: (
RESOLUTION NO. 960
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA$ APPROVING THE FIRST
AMENDMENT TO THEATRE LEASE AGREEMENT NO. 270 BY
AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS AND THE PARTNERSHIP FOR
THE PERFORMING ARTS.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
("Agency") approved an agreement with the Partnership for the Performing Arts
("Tenant") on July 3, 1991 for the use of the Plaza Theatre; and
WHEREAS Tenant has requested certain changes to said Lease Agreement relative to the
payment of rent; and
WHEREAS certain other issues and provisions of the original Lease Agreement needed
minor revisions; and
WHEREAS the Agency, at its meeting of October 5, 1994, approved the requested
changes in concept; and
WHEREAS a Lease Amendment has been prepared to incorporate such lease revisions.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of
the City of. Palm Springs that the First Amendment to Theatre Lease Agreement No. 270
is hereby approved in a form acceptable to the City Attorney.
ADOPTED this ?nd day of November 1994.
AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Chairman Maryanov
NOES: None
ABSENT: None
ATTEST; COMMUNITY REDEVELOPMENT AGENCY
By� \-17Cu"' ��LL�w� �✓—
-Assistant Secretary Chairman �—
REVIEWED & APPROVED_
RESOLUTION NO. --911__
OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA APPROVING A DISPOSITION
AND DEVELOPMENT AGREEMENT AND
AUTHORIZING THE SALE OF REAL
' PROPERTY KNOWN 414 N. PALM CANYON
DRIVE TO STEPHEN TUCKMAN
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. sea. ) to carry out the purpose as the
redevelopment in the City of Palm Springs ("the City") ; and
WHEREAS, on May 23 , 1973 by Ordinance Number 952, the City
Council of the City of Palm Springs approved and adopted a
Redevelopment Plan for the Central Business District Project Area
("the Plan") ; and
WHEREAS, Agency staff has negotiated a Disposition and
Development Agreement, ("DDA") to effectuate the sale of the above-
referenced property, which includes a hotel and 5 commercial shops
with Stephen Tuckman ("Purchaser") pursuant to which Agency is to
sell Purchaser certain real property within the Project Area, and
Purchaser is to operate the hotel and shops thereon, which use is
consistent with the Plan, the General Plan of the City and City's
Zoning, and which Project use will help expand and diversify the
City's economic base; and
WHEREAS, the property was vacant for a period of time and was
vandalized and some portions are dilapidated, and the purchase
proposes to fully restore, improve and upgrade the property to a
first class condition, and is obligated by the DDA to install such
improvements; and
WHEREAS, a Notice of Public Hearing concerning the sale was
published in accordance with applicable law; and
WHEREAS, on November 23 , 1994, the Agency held a Public
Hearing concerning the sale; and
WHEREAS, the Agency has considered the Agency Summary Report
prepared pursuant to Health and Safety Code Section 33433, the
staff report, and all the information, testimony and evidence
provided during the public hearing on November 23, 1994 .
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 sale 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 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.
(b) The Purchase Contract effectuates the /
Resolution No. 961 /
Page 2 f
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.
(c) The DDA effectuates the purposes of the
Community Redevelopment Law as it is
intendedlto eliminate blight and promote
the health, safety and general welfare of
the people of Palm Springs.
(d) 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 3 . The DDA is hereby approved and incorporated
herein by this reference.
Section 4 . The Agency staff is hereby authorized and
directed to take the appropriate action
consistent with the purpose of this
Resolution.
Section 5. James Stuart, doing business as Group one
Service, is hereby appointed and approved as
the Agency's Agent of Record for this
transaction, and shall be compensated a flat
fee commission of $50, 000.
Section 6. The Chairman is hereby authorized to execute
on behalf of the Agency the DDA and all. other
documents necessary in a form approved by the
Agency's legal counsel.
Section 7 . The Executive Director is hereby authorized to
make any necessary final technical and
clerical changes to the DDA prior to its
execution, in ' a form approved by the Agency's
legal counsel.
ADOPTED this 23rd day of Novamr _ , 1994
AYES: Agency Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Chairman
NOES: None Maryanov
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE �T� OF PALM SPRINGS
�-
,/Assistant Secretary Chairman
REVIEWED & APPROVED ___
RESOLUTION NO. 962
OP THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
' OF PALM SPRINGS, CALIFORNIA, APPROVING A GLOBAL
SETTLEMENT AGREEMENT BY AND BETWEEN VARIOUS
PARTIES RELATED TO ROOF AND MECHANICAL EQUIPMENT
DAMAGE AT LOUISE'S PANTRY.
WHEREAS as a result of that certain litigation entitled Louise's Pantry, Inc. vs. City of
Palm Springs. etc.. et al, Riverside County Superior Court Case I-67908, a Global
Settlement Agreement has been reached by and between the various parties; and
WHEREAS the Community Redevelopment Agency of the City of Palm Springs was a
party to said litigation.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs, California, that a Settlement Agreement by and between the
Community Redevelopment Agency of the City of Palm Springs, the City of Palm
Springs, Louise's Pantry, Inc., Samuel Sean Sontag, Jr., David Jeter, John Wessman,
Wessman Development Company, Hey Enterprises, Inc., and Craig Yount, in a form
acceptable to Agency Counsel, is hereby approved.
ADOPTED this 7th day of December 1994.
AYES: Agency Members Hodges, Reller-Spurgin and Vice-Chairman Lyons
NOES: None
ABSENT: None
ABSTAIN: Agency Member Kleindienst and Chairman Maryanov
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Asst. Secretary Chairma
REVIEWED & APPROVED AS TO FORM K ---
V