HomeMy WebLinkAbout1/1/1983 - CRA RESOLUTIONS RESOLUTION NO. 128 1-99
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF 39,440 SQUARE FEET OF LAND
ON THE NORTHEAST CORNER OF ALEJO AND BELARDO ROADS.
WHEREAS the Redevelopment Agency of the City of Palm Springs has determined
to acquire certain real property within the Central Business District Project
Area, located at the northeast corner of Alejo and Belardo Roads, for the
purpose of land assembly and development in conformance with and the
implementation of the Redevelopment plan,
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. The Executive Director of the Agency is authorized to offer
and acquire that certain real property located at the northeast
corner of Alejo and Belardo Roads from the property owner in
accordance with all applicable laws.
Section 2. The offer shall be for six hundred and ten thousand dollars
($610,000) as has been determined by a qualified appraiser.
Section 3. The terms of the offer shall be $160,000 as a down payment,
with the remainder to be paid in three (3) equal installments
beginning one year from the close of escrow with subsequent
payments on a yearly basis. Interest on the remaining balance
to be 8% per annum.
Section 4. The agreement for the sale of the property by the seller will
include the following provisions applicable to the remaining
church property: a) a five feet easement will be provided
' along the east property line for purposes of a public walkway,
b) the seller will grant Right-of-First-Refusal to the Community
Redevelopment Agency in the event the property is offered for
sale.
Section 5. The agreement for the purchase of the property by the buyer
will include the following provisions applicable to the remaining
church property: a) a six feet high concrete block wall will
be erected along the public walkway referred to in Section
4(a) above, b) that adequate parking will be developed adjacent
to the church property prior to the church being denied the
use of its present parking lot, and that the church will be
allowed the use of said parking for all church functions, c)
that the provisions of Section 5(b) above be applicable to
future buyers of the church property and that no additional
restrictions shall apply if the property is continued as a church .
Section 6. The Executive Director shall accept the deed on behalf of the
Community Redevelopment Agency.
Section 7. The City Clerk shall record the deed with the County Recorder.
ADOPTED this 2nd day of February 1983
AYES: Members Foster, Maryanov, Ortner-Kubler and Chairman Bogert
NOES: None
ABSENT:""er„bar Dcyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
6,�`-, --Secretary Chairnarr ! �
REVIEWED & APPROVED: Ae,P'04�
RESOLUTION NO. 129
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA ADOPTING A RESOLUTION
OF INTENTION TO ENTER INTO AN OWNER-PARTICIPATION
AGREEMENT WITH THE DEVELOPERS OF THE PALM CANYON
PLAZA HOTEL CONTINGENT ON THE ADOPTION OF THE
SOUTH PALM CANYON DRIVE REDEVELOPMENT PROJECT.
WHEREAS the Downtown Development Advisory Commission has recommended
the expansion of the Central Business District redevelopment area to
include South Palm Canyon Drive; and
WHEREAS the Planning Commission has adopted the Preliminary Redevelopment
Plan for said area; and
WHEREAS Palm Canyon Plaza, Ltd. has prepared a design for the development
of a 270-room luxury hotel ; and
WHEREAS said developers have requested the support of the City in
financing said project through a method of tax exempt financing,
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs as follows:
Section 1 . It is the intention of the CRA to enter into an
owner-participation agreement with Palm Canyon
Plaza, Ltd. , hotel developers, contingent on
the adoption of the South Palm Canyon Drive
Redevelopment Area; and
Section 2. To utilize., through said agreement, its powers to
assist in a method of tax exempt financing of the
project providing the project, as proposed, remains
materially the same and a hotel operator, known to
be able to perform a high level of service to qualify
as a quality hotel operator; is selected for its
management.
The Redevelopment Agency of the City of Palmm Springs recognizes that this
Resolution does not have the effect of law but is intended as an expression
of support to continue moving this project toward fruition and an intended
opening in the fall of 1984.
ADOPTED this 16th day of February 1983.
AYES: Members Doyle, Foster, ortner-Kubler and Chairman pro-tem Maryanov
NOES: None
ABSENT: Chairman Bogert
yTTE�� � COMMUNIT`( RE:DEVELOP.MENk�'AGENCY
L �f Secretary urngirman
REVIEWED & APPROVED: /�£�' y
0 .1
RESOLUTION NO. 130
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED AT 425 NORTH PALM CANYON DRIVE.
WHEREAS the City Council has designated itself as a Community Redevelopment
Agency and taken the necessary action in accordance with State Law to initiate
a redevelopment program in the downtown area; and
WHEREAS the Community Redevelopment Agency, by Resolution 124 has authorized
staff to begin acquisition of certain properties in Block 2; and
WHEREAS the Redevelopment Agency of the City of Palm Springs has determined to
acquire certain real property within the Central Business District Project
Area, located at 425 North Palm Canyon Drive, for the purpose of land assembly
and development in conformance with and implementation of the Redevelopment
plan,
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows :
Section 1 . The Executive Director of the Agency is authorized to offer
and acquire that certain real property located at 425 North
Palm Canyon Drive from the property owner in accordance with
all applicable laws.
Section 2. The offer shall be for one hundred forty thousand Dollars
($140,000) , determined by a qualified appraiser.
Section 3. The Assistant Secretary shall accept the deed on behalf of the
Community Redevelopment Agency.
Section 4. The City Clerk shall record the deed with the County Recorder.
ADOPTED this 16th day of February 1983.
AYES: Members Doyle, Foster, Ortner-Rubler and Chariman pro-tem Maryanov
NOES: None
ABSENT: Chairman Bogert
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS,_-C?LIFORNIA
By
L' Executive Director Chariman
REVIEWED AND APPROVED: ag
RESOLUTION NO. 131
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING STAFF 1-0 PREPARE
AN OWNER-PARTICIPATION AGREEMENT WITH CENTER/BELARDO
FOR THE DEVELOPMENT OF A MULTI-USE FACILITY IN BLOCK 2
OF THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT.
WHEREAS the City Council has designated itself as a Community Redevelopment
Agency and taken the necessary action in accordance with State law to initiate
a redevelopment program for the downtown area; and
WHEREAS the Downtown Development Advisory Commission, at its meeting of
October 18, 1982, has recommended the redevelopment of a portion of Block 2
as a priority project; and
WHEREAS the Community Redevelopment Agency, by Resolution No. 124 has authorized
staff to begin acquisition of certain properties within -the area; and
WHEREAS the Community Redevelopment Agency has determiner.) the need for high
quality residential condominiums and related retail and parking uses in the
project area; and
WHEREAS Section 430 of the Central Business District (Redevelopment Plan calls
for owners of property within the area to have the first right to develop the
property; and
WHEREAS Center/Belardo, Robert Silberman, managing partner, owner of the
former Youth Center at 386 N. Belardo Road, within the proposed project area
has requested an opportunity to be the developer of a multi-use project
containing retail shops, residential condominiums and parking; and
WHEREAS the Community Redevelopment Agency has offered owner-participation
rights to other owners in the subject area with no response,
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
Section 1 . Staff is authorized to prepare an owner-participation
agreement with Center/Belardo, owner of assessors parcel
No. 513-082-020-1 , and the CRA for the incremental
redevelopment of a portion of Block 2.
Section 2. The development shall exclude the site occupied by the
American Legion Hall , assessors parcel No. 513-082-021-2,
with the exception of possible air rights.
Section 3. The CRA shall lease the former Texaco Service Station,
assessors parcel No. 513-082-014, to Center/Belardo
for one thousand two hundred dollars ($12''00) per month
for a one-year period and fifteen hundred dollars ($1500)
per month for the second year for an interim project
combining said parcel with parcel No. 513-082-020-1
according to plans to be approved by the Palm Springs
Planning Commission. The s',ite shall be leased on a month-
to-month basis after the two year period has expired.
Section 4. The owner-participation agreement shall contain provisions
for the timing and scope of the proposed project.
Section 3, above, is to be (considered the first phase.,
The remainder of the project may be considered in two
additional phases with phase 2 representing the ground
and subsurface development of parking and retail/
restaurant and phase 3, composed of high-quality
residential condominiums.
1
Resolution 131
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Resolution No. 131
ADOPTED this 16th day Of February 1983.
AYES: Members Doyle, Foster, Ortner-Kubler and Chairman pro-tem Maryanov
NOES: None
ABSENT: Chairman Bogert
ATTEST: COMMUNITY REDEVELOPMENT !}GENCY
CITY OF PALM SPRINGS;" CALIFORNIA
By
r;�t Secretary Chai ma6
REVIEWED AND APPROVED
RESOLUTION NO. 132
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENT
WITH WEDIN ENTERPRISES, INC. FOR CONSULTING SERVICES.
WHEREAS the Community Redevelopment Agency is pursuing redevelopment and
economic development activities; and
WHEREAS the Agency is in need of professional consultant services to implement
successful programs; and
WHEREAS the Agency has reviewed an agreement with Wayne D. Wedin to provide
consultant services,
NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the
City of Palm Springs does hereby approve an agreement with Wedin Enterprises,
Inc, for consultant services in an amount not to exceed $15,000 including
expenses.
ADOPTED this 6th day of April 1983
AYES: Members Doyle Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST- �^ COMMUNITY REDEVELOPMENT AGENCY
l/i ^/ CITY OF PALM SPRIN , CALIFORNI .
' By
Secretary hai rm
REVIEWED & APPROVED:
WP
RESOLUTION NO, 133
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE COMMUNITY
REDEVELOPMENT AGENCY REDEVELOPMENT FUND BUDGET FOR
THE 1982-83 FISCAL YEAR.
WHEREAS Resolution 119 approving the budget for the Community Redevelopment
Agency Redevelopment Fund for fiscal year 1982-8 3 was adopted on July 1 ,
1982 ; and
WHEREAS the Community Redevelopment Agency desires to amend said budget.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
Section 1. That the 1982-83 fiscal year budget for the Community
Redevelopment Agency Redevelopment Fund is hereby
amended as follows :
ADDITION:
Community Redevelopment Agency -
Administrative Fund Cost $15,000
(Contractual Services) ——
SOURCE:
Community Redevelopment Agency
Capital Projects $15,000
(Block 2 Land Acquisition)
Purpose: To fund contractual services in connection with
Desert Inn Fashion Plaza expansion negotiations.
Section 2. That the Finance Director of the City of Palm Springs is
authorized to record the budget amendment and such other
accounting entries as may be necessary for proper accounting
treatment in accordance with rules and regulations applicable
to other City of Palm Springs funds.
ADOPTED this 6th day of April , 1983.
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT CY OF
f / THE CITY OF PALM SPRI
By
Secretary C airman
REVIEWED AND APPROVED , �� _
2 U
RESOLUTION NO. 134
RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
REFERRING PROPOSED REDEVELOPMENT PLAN
TO THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS AND THE PROJECT AREA
COMMITTEE FOR THE TAHQUITZ-ANDREAS
REDEVELOPMENT PROJECT
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs
(the "Agency") has received a draft Redevelopment Plan for the proposed
Tahquitz-Andreas Redevelopment Project Area in the form on file in the office
of the City Clerk, which is incorporated herein; and
WHEREAS, pursuant to Sections 33346 and 33347. 5 of the Health and Safety Code,
the Agency is to refer the proposed Redevelopment Plan to the Planning Commission
and the Project Area Committee for the proposed Tahquitz-Andreas Redevelopment
Project Area (the "PAC") ; and
WHEREAS, the Agency desires to transmit said draft Redevelopment Plan to the
Planning Commission of the City of Palm Springs (the "Planning Commission")
and the PAC;
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . The draft Redevelopment Plan , in the form on File in the office of
the City Clerk, hereto, is hereby referred to the Planning
Commission and the PAC for their consideration.
' PASSED AND ADOPTED this 18th day of May 1983.
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PAL PRINGS, CALIFORNIA
Secretary Chairman
REVIEWED AND APPROVED
RESOLUTION NO. 135
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING AND ADOPTING THE REPORT TO THE
CITY COUNCIL ON THE PROPOSED REDEVELOPMENT
PROJECT, SUBMITTING SAID REPORT, PROPOSED
REDEVELOPMENT PLAN AND DRAFT EIR-RELATING
THERETO TO THE CITY COUNCIL AND COINSE6NTING
TO AND REQUESTING THE CITY COUNCIL TO CALL
A JOINT PUBLIC HEARING ON SAID REDEVELOPMENT
PLAN AND THE FINAL EIR RELATING THERETO.
WHEREAS, the Redevelopment Agency of the City of Palm Springs (the
"Agency") , has prepared a proposed Redevelopment Plan (the "Redevelopment
Plan") for the Tahquitz-Andreas Redevelopment Project (the "Project") ;
and
WHEREAS, the Agency has submitted the proposed Redevelopment Plan to
the Planning Commission of the City of Palm Springs for its report and
recommendations, and the Planning Commission, by Resolution No. 3527
on May 25, 1983, reviewed the proposed Redevelopment Plan and recommended
the approval and adoption of the proposed Redevelopment Plan; and
WHEREAS, pursuant to the California Environmental Quality Act, the State
CEQA Guidelines and the Agency procedures adopted pursuant thereto,
the Agency has prepared and completed 'a Draft Environmental Impact Report
( "Draft EIR") for the Project which is to be supplemented by comments
to the Draft Environmental Impact Report which may hereafter be received
and responses thereto, and which shall be submitted to the City Council
of the City of Palm Springs as soon as they are ready; Find
WHEREAS, pursuant to Section 33352 of the California Community
Redevelopment Law (Health & Safety Code Section 33300 et seq. ) , the
Agency has prepared a Report to the City Council on the proposed
Redevelopment Plan; and
WHEREAS, Section 33355 of the California Community Redevelopment Law
(Health & Safety Code Section 33300 et sec . ) authorizes a joint public
hearing on the proposed Redevelopment Plan with the consent of the Agency
and the City Council of the City of Palm Springs;
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does resolve as follows°
Section 1 . The Agency hereby approves and adopts the Report to the
City Council on the Redevelopment Plan for the
Tahquitz-Andreas Redevelopment Project and hereby submits
said Report, together with the proposed Redevelopment Plan
for the Project and the Draft EIR, to the City Council .
Section 2. The Agency hereby consents to a joint public hearing on
the proposed Redevelopment Plan for the Project, and requests
the City Council to call a joint public hearing of the Agency I�
and the City Council on Wednesday, July 13, 1983, at 7:30
p.m. in the City Council ,Chambers to consider and act upon
the proposed Redevelopment 'Plan and all doci.iments and evidence
pertaining thereto, together with a joint public hearing
on the Final Environmental , lmpact Report for the Project.
Section 3. The Secretary of the Agency shall , in cooperation with the
Clerk of the City of Palm Springs, prepare, publish and
mail such notices and documents and do all other acts as
may be necessary to carry out the purposes of this resolution.
PASSED AND ADOPTED this 1st day of June 1983.
AYES: Members Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Members Foster and Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS CALIFORNIA
Secretary Chairman
REVIEWED & APPROVED
u
RESOLUTION NO. 136
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
AND ADOPTING RULES GOVERNING PARTICIPATION BY,
AND THE EXTENTION OF REASONABLE PREFERENCES TO,
PROPERTY OWNERS AND TENANTS IN THE TAHQUITZ-
ANDREAS REDEVELOPMENT PROJECT.
WHEREAS, Section 33345 of the California Community Redevelopment Law
(Health & Safety Code Section 33300 et sec . ) provides that a redevelopment
agency shall adopt and make available for public inspection rules to
implement the operation of owner participation in connection with a
redevelopment plan;
NOW THEREFORE, the Redevelopment Agency of the City of Palm Springs
does resolve as follows:
Section 1 . The Redevelopment Agency of the City of Palm Springs does
hereby approve and adopt the "Rules Governing Participation
by, and the Extension of Reasonable Preferences to, Property
Owners and Tenants in the Palm Springs Redevelopment Project,"
attached hereto and incorporated by reference herein.
PASSED AND ADOPTED this 1st day of .Tune 1983.
AYES: Members Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Members Doyle and Foster
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
R / f
o 7
Ws stant Secretary Chairman
REVIEWED & APPROVED 7
RESOLUTION NO. 137
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING ELEMENTS OF AN AGREEMENT
WITH THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO,
A CORPORATION SOLE, FOR THE ACQUISITION OF 39,440
SQUARE FEET OF LAND ON THE NORTHWEST CORNER OF
ALEJO AND BELARDO ROADS.
WHEREAS the Redevelopment Agency of the City of Palm Springs, by Resolution
128 authorized the Executive Director to offer and acquire that certain parcel
of land on the northeast corner of Alejo and Belardo Roads; and
WHEREAS the Resolution specified terms of an agreement; and
WHEREAS the diocese of San Bernardino requests additional conditions to be
specified in the agreement and the agreement to be adopted by a Resolution of
the Agency,
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Direct the Executive Director to enter into agreement with the
Roman Catholic Bishop of San Bernardino, a Corporation Sole,
including all the provisions, 1 through 7, of CRA Resolution 128
and incorporating the additional terms as set forth below.
Section 2. The Agreement contains the following additional provisions:
' a) The wall referred to in Section 5 a of CRA Resolution 128
will be slumpstone and erected at Agency expense.
b) There will be no assessment on the Church for
undergrounding of utilities.
c) An additional trash container will be developed at Agency
expense on the adjacent property for use by businesses in
the area.
d) A fifteen foot wide area of pavement will be added
adjacent to the present Church lot, at Agency expense, to
increase the parking area on the remaining Church
property.
e) A gate will be provided in the existing chain link fence
between the Church and Agency property.
f) Forty-five spaces of newly developed parking adjacent to
the remaining Church property will be reserved for Church
use during those hours of regular services to include:
Saturdays, 7 a.m. to 8 a.m. and 5:30 p.m. to 6:30 pm. ;
Sundays, 7 a.m, to 12 Noon, and 5:30 p.m. to 6:30 p.m. ;
Daily, 7 a.m. to 8 a.m. and on Holy Days from 5:30 p.m. to
' 7:00 p.m. The 'lot will be posted with established times.
Res. No. 137
Page 2
Section 3. The agreement will include a note payable to the Roman Catholic
Bishop of San Bernardino, a Corporation sole, guaranteeing the
payment of $450,000 in equal payments over a three year period
with an interest rate of 8% on 'the remaining balance.
ADOPTED this 15th day of June , 1983.
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
B30 � .y�r
�.sfistant secretary Chai rMan
REVIEWED & APPROVED:
WP/C1
RESOLUTION NO. 138
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AWARDING A
CONTRACT TO IONIC CONSTRUCTION COMPANY, INC.
IN THE AMOUNT OF $12,490 FOR THE DEMOLITION
OF STRUCTURES.
WHEREAS, the City Council has designated itself as a Community
Redevelopment Agency and taken the necessary action in accordance with
State Law to initiate a redevelopment program in the downtown area;
and
WHEREAS, the Community Redevelopment Agency by Resolution 119 has
appropriated funds for the acquisition and demolition of structures
in Block 2; and
WHEREAS, the Community Redevelopment Agency has determined the need
to demolish structures in Block 2 and at the corner of Cahuilla Road
and West Tahquitz Drive to remove blighting influences in the Downtown
Redevelopment Area; and
WHEREAS, the Community Redevelopment Agency has previously budgeted
funds for the acquisition and demolition of structures in Block 2;
NOW, THEREFORE, the Community Redevelopment Agency of the City of Palm
Springs does hereby resolve as follows:
Section 1 . That a contract be awarded to Ionic Construction Company,
Inc. , in the amount of $12,490 for the demolition of
structures in Block 2 and at the corner of Cahuilla Road
and West Tahquitz Drive.
ADOPTED this 15th day of June 1983
by the following vote:
AYES: Members Doyle, Foster, Maryauov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMEN GENCY
CITY OF PALM SPRIN LIFO IA
B F
Assistant Secretary Chairma
REVIEWED AND APPROVED
, r
RESOLUTION NO. 139
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA ADOPTION OF
RELOCATION AND REAL PROPERTY ACQUISITION
GUIDELINES
WHEREAS, the California Uniform Relocation Act, Government Code Section
7260 et sec . (the "Act") , and the Relocation Assistance and Real Property
Acquisition Guidelines, 25 Cal . Adm. Code Section 6000 et seq. (the
"Guidelines") adopted pursuant thereto, require public agencies to adopt
rules and regulations that implement the requirements of the Act and
which are in accordance with the provisions of the Guidelines prior
to undertaking or participating in activity which will result in the
displacement of persons; and
WHEREAS, the Palm Springs Redevelopment Agency (the "Agency") wishes
to adopt the Guidelines as the Agency's rules and regulations to implement
the Act;
NOW, THEREFORE, THE PALM SPRINGS REDEVELOPMENT AGENCY DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1 . In Implementation of the Act, the Agency does hereby approve
and adopt the Relocation Assistance and Real Property
Acquisition Guidelines, 25 Cal . Adm. Code Section 6000 et
sec . , hereinafter on file in the office of the City Clerk
and incorporated by reference and made a part hereof and
as may hereafter be amended, as the "Palm Springs
Redevelopment Agency Rules and Regulations for Relocation
Assistance and Real Property Acquisition. "
ADOPTED this 15th day of June 1983
by the following vote:
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS, CALIFO
Assist�an£ Secretary Chairman 67
REVIEWED AND APPROVED
2 � 5
RESOLUTION NO. 140
OF THE CITY OF PALM SPRINGS, CALIFORNIA
REDEVELOPMENT AGENCY RATIFYING ACTIONS
TAKEN WITH RESPECT TO ENVIRONMENTAL PRO-
CESSING OF THE PROPOSED PLAN FOR THE
TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT.
WHEREAS, the Redevelopment Agency of the City of Palm Springs (the
"Agency") has taken certain steps toward formation of the Tahquitz-Andreas
Redevelopment Project Area; and
WHEREAS, the Agency has caused the initiation of environmental processing
pertaining to such Project; and
WHEREAS, such environmental processing has been conducted in compliance
with procedures adopted by the City of Palm Springs (the "City") in
accordance with the established practice of the Agency; and
WHEREAS, the Agency has adopted as its environmental procedures the
procedures utilized by the City;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
DOES RESOLVE AS FOLLOWS:
Section 'I . The Agency finds and declares that the environmental
processing accomplished to date with respect to the proposed
Tahquitz-Andreas Redevelopment Project has been performed
in compliance with the procedure of the City, the practice
of the Agency, and the procedures that have been adopted
by the Agency.
Section 2. The Agency approves and ratifies all steps taken to date
with respect to the environmental processing for the proposed
Tahquitz-Andreas Redevelopment Project.
PASSED AND ADOPTED this 15rh day of Jiinp 1983,
by the following vote:
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABESENT: None
ATTEST: COMMUNITY REDEVELOPMENT PF
Y
q:3�
CITY OF PALM SPRINGS, CNI
By l
Assistant Secretary !r c� Chairman
REVIEWED & APPROVED /� G•
RESOLUTION NO. 141
THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS; CALIFORNIA ADOPTING
GUIDELINES RELATING TO THE OBJECTIVES,
CRITERIA, AND PROCEDURES FOR THE ENVIRONMENTAL
EVALUATION OF PUBLIC AND PRIVATE ACTIVITIES AND
THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO THE GUIDELINES FOR IMPLEMENTATION
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970
WHEREAS, Public Resources Code Section 21083 grants authority to the Secretary
for Resources to prescribe regulations to be followed by all State
agencies, countries, cities, redevelopment agencies, and public districts,
and all other political subdivisions of the State in the implementation
of the Environmental Quality Act of 1970, dealing with environmental
quality, the evaluation of projects, and the preparation of environmental
impact reports; and
WHEREAS, the Secretary for Resources has filed guidelines for
implementation of the Environmental Quality Act, as found in the
regulations in the California Administrative Code, Title 14, Div. 6;
NOW, THEREFORE, BE IT RESOLVED that the said Guidelines with amendments
through May 1983, as augmented by the following local implementation
procedures prescribed by Article 5, Section 15050, et sec . , are hereby
adopted.
Section 1 . The implementation procedures adopted by the City of Palm
Springs by Resolution No. 12071, adopted January 19, 1977,
are on file in the office of the City Clerk and incorporated
herein by reference, and adopted as the implementation
procedures of the Redevelopment Agency of the City of Palm
Springs; provided that responsibilities of the City and
the City Manager in said Resolution shall , with respect
to the Agency, be discharged by the Redevelopment Agency
and its Executive Director, respectively.
ADOPTED this 15th day of ,Tune 1983
by the following vote:
AYES: Members Doyle, Foster, Maryanov, Ortner and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRING CALIFORN
By
Assistant Secretary Chai Oman
REVIEWED AND APPROVED IL� 7?
RESOLUTION NO. 142
THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA ADOPTION
OF PERSONNEL RULES
WHEREAS, Section 33126 of the California Community Redevelopment Law
(Health and Safety Code Section 33000 et sec . ) provides that redevelopment
agencies shall adopt personnel rules and regulations applicable to all
employees;
NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency
of the City of Palm Springs does hereby approve and adopt the Personnel
Manual of the City of Palm Springs, California, on file in the office
of the City Clerk and incorporated by reference herein and as hereinafter
amended by the City Council .
ADOPTED this 15th day of June 1983
by the following vote:
AYES: Members Doyle, Poster, Maryanov, Ortner and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMEN GENCY
CITY OF PALM SPRINGS IFOR
By f
L—C
Assistant Secretary Chairman
REVIEWED AND APPROVED�����_
RESOLUTION NO. 143
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CONTINUING APPROPRIATIONS FROM THE 11982-83
FISCAL YEAR TO THE 1983-84 FISCAL YEAR.
WHEREAS the Community Redevelopment Agency of the City of Palm
Springs has adopted a budget for the 1982-83 fiscal year; and
WHEREAS certain projects budgeted in the 1982-83 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 1983-84 fiscal year, the unencumbered balances as of
June 30, 1983, of the following accounts:
ACCOUNT NO. ACCOUNT TITLE
89-180-4355 Design Services
89-180-4423 Relocation Fees
89-180-4509 Block 9 Unalergrounding
89-180-4527 Block 2 Land Acquisition
89-180-4528 Indian Avenue Lighting
89-180-4529 Block 2 Parking Improvements
89-180-4530 Block 14 Land Acquisition
89-180-4531 Sidewalk Reconstruction
89-180-4533 Fashion Plaza
89-180-8355 Design Services
89-180-8501 Land Acquisition
89-180-8516 Street Furniture
89-180-8521 Municipal Parking Lot
89-180-8525 Indian Avenue Landscaping
89-180-8526 Downtown Street Reconstruction
ADOPTED this 15th day of June 1983.
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
i— OF THE CITY OF PALM SP INGS
By
E�l sistant Secretary _t— Chai
REVIEWED & APPROVED n
RESOLUTION NO. 144
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR
THE COMMUNITY REDEVELOPMENT AGENCY REDEVELOPMENT
FUND FOR THE FISCAL YEAR 1983-84.
WHEREAS a budget for the fiscal year 1983-84 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 $2,011 ,154 be
approved for the following purposes:
Maintenance & Utilities $ 3,300
Community Redevelopment Agency -
Administrative Fund Costs 187,503
Interest Expense 126,351
Relocation Fees 51000
Indian Avenue Landscaping 100,000
Block 2 Demolition 50,000
Block 2 Land Acquisition 500,000
Design Services 5,000
Block 14 Land Acquisition 186,000
Block 12 Land Acquisition 677,000
Land Acquisition 96,000
Indian Avenue Lighting 25,000
Redevelopment Action Plan 20,000
Street Furniture 30,000
$2,011 ,154
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 Redevel-
opment 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 28th day of June 1983.
AYES: Members Doyle, Foster, Maryanov, Ortner and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRI
Assistant Secretary Chairman
REVIEWED & APPROVED
AGENCY RESOLUTION NO. 145
RESOLUTION OF THE REDEVELOPMENT ,AGENCY
OF THE CITY OF PALM SPRINGS APPROVING,
ADOPTING AND RATIFYING THE REPORT TO THE
CITY COUNCIL ON THE PROPOSED REDEVELOP-
MENT PLAN FOR THE TAHQUITZ-ANDREAS
REDEVELOPMENT PROJECT AND SUBMITTING
SAID REPORT, PROPOSED REDEVELOPMENT PLAN
AND FINAL EIR RELATING THERETO TO THE
CITY COUNCIL
WHEREAS, the Redevelopment Agency of the City of Palm
Springs (the "Agency") has prepared a proposed Redevelopment
Plan (the "Redevelopment Plan") for the Tahquitz-Andreas
Redevelopment Project (the "Project") ; and
WHEREAS, the Agency has previously submitted the proposed
Redevelopment Plan to the City Council of the City of Palm
Springs by Agency Resolution No. 135 on Tune 1 ,
1983; and
WHEREAS , subsequent to the foregoing submittal , additional
material has become available which the Agency desires to
include in its Report to the City Council ;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS DOES RESOLVE AS FOLLOWS:
Section 1. The Agency hereby approves, adopts and
ratifies the Report to the City Council on the Redevelopment
Plan for the Tahquitz-Andreas Redevelopment: Project and
hereby submits said Report (as referred to in the recitals
hereof) together with the proposed Redevelopment Plan for
the Project and the Final EIR, to the City Council.
PASSED AND ADOPTED this 13th day, of July, 1983 , by the
following vote :
AYES: Members Foster, Ortner and Chairman pro tem Doyle
NOES: None
ABSENT: Member Maryanov and Chairman Bogert
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
BALM SPRINGS, CALIFORNIA
L l
kss'istant Secretary Chairman pro Oem
REVIEWED AND APPROVEI)4t� _
221
AGENCY RESOLUTION NO. 146
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS CERTIFYING THE COMPLETION OF
A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT
WHEREAS , an environmental impact report ( the "EIR" ) on
the Redevelopment Plan (the "Redevelopment Plan" ) for the
Tahquitz-Andreas Redevelopment Project (the "Project") was
prepared by the Redevelopment Agency of the City of
Palm Springs (the "Agency" ) pursuant to the California
Environmental Quality Act (Public Resources Code Sec-
tion 21000 et seq. ) , the Guidelines for Implementation of
the California Environmental Quality Act (14 Cal .Adm. Code
Section 15000 et seq. , hereafter the "State EIR Guide-
lines" ) and procedures adopted by the Agency relating
environmental evaluation of public and private projects ; and
WHEREAS, on January 31, 1983 , the Agency filed a Notice
of Completion and thereafter forwarded the Draft EIR to the
State Clearinghouse for distribution to those agencies
' which have jurisdiction by law with respect to the Project
and to other other interested persons and agencies , and
sought the comments of such persons and agencies; and
WHEREAS , on May 10 , 1983 , a Notice of Completion was
filed and the Draft EIR was forwarded to other interested
persons and agencies, and the comments of such persons and
agencies were sought; and
WHEREAS , notice to all interested persons and agencies
inviting comments on the Draft EIR for the Redevelopment
Plan was published in the Desert Sun on May 10 , 1983 ; and
WHEREAS , the Draft EIR was thereafter revised and
supplemented to adopt changes suggested, to incorporate
comments received, and responses to said comments, and as
so revised and supplemented, a Final EIR has been submitted
to the City Council of the City of Palm Springs as a part
of the Report of the Agency accompanying the Redevelopment
' Plan; and
WHEREAS, a joint public hearing was held by the Agency
and the City Council on July 13 , 1983, on the Redevelopment
Plan and the Final EIR relating thereto, following notice
duly and regularly given as required by law, and all
interested persons expressing a desire to comment thereon
or object thereto having been heard, and said Final EIR and
all comments and responses thereto having been considered;
and
{u 4N Ay
WHEREAS , the Final EIR consists of the Draft EIR, as
revised and supplemented , made a part of the Agency ' s
Report on the Redevelopment Plan, incorporating all com-
ments received and the response of the Agency and the City
Council thereto as of the date hereof;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS DOES RESOLVE AS FOLLOWS :
Section 1. The Agency hereby certifies that the Final
Environmental Impact Report for the Tahquitz-Andreas Rede-
velopment Project has been completed in compliance with the
California Environmental Quality Act and State EIR Guide-
lines and local procedures adopted by the Agency as the
lead agency, and that the Agency has reviewed and consi-
dered the information contained in the Final Environmental
Impact Report.
Section 2. The Agency has evaluated all comments
written and oral , received from persons who have reviewed
the Draft EIR.
Section 3 . The Agency hereby makes the written find-
ings set forth in Exhibit A, attached hereto and incor-
porated by reference herein, for each of`. the significant
effects set forth in said Exhibit A, and further approves
the statement of facts set forth in said Exhibit A. Based
on such findings and statement of facts, the Agency hereby
finds that significant environmental effects have been
reduced to an acceptable level in that all significant
environmental effects have been eliminated or substantially
lessened except for the following : increases in each of
electricity usage , water and, energy consumption, traffic
volumes, and light and glare. Based on the foregoing , the
Agency finds and determines that the Project will have a
significant effect upon the environment,.
Section 4 . As to each of the significant environ-
mental effects which are not eliminated or substantially
lessened identified in Section 3 of this resolution, the
Agency hereby adopts the following statement of overriding
considerations. The Agency hereby finds that, based on the
findings and statement of facts set forth in Exhibit A, and
based on the Final EIR and/or other information contained
in the record , its action to approve and carry out the
Project is supported for the, following reasons :
a. The Project will eliminate and prevent the spread
of blight, including the elimination of deteriorated,
unsafe or substandard structures ; provide ,public improve-
ments and facilities needed to implement development of the
added areas; provide additional employment opportunities ;
and provide for the expansion and improvement of the supply
of housing for low- and moderate-income persons.
b. The Project will promote the assembly of land
into parcels suitable for modern, integrated development,
and promote the development of improperly utilized areas.
C. The Project will strengthen retail and other
commercial functions in the area, and strengthen the econo-
mic base of the Project Area and the community by assisting
in the development of a cultural and convention facility or
facilities.
d . The Project will provide adequate land for park-
ing and open space.
Section 5. In the event that it is determined that
the significant effects identified in Section 3 as being
eliminated or substantially lessened are not mitigated or
substantially lessened, the Agency hereby finds that , based
on the Final EIR and/or other information contained in the
record , its action to approve and carry out the Project is
supported for the reasons specified in subparagraphs a, b,
c and d of Section 4 of this resolution.
Section 6. Upon approval and adoption of the Rede-
velopment Plan by the City Council, the Secretary of the
Agency is hereby directed to file a Notice of Determination
with the County Clerk of Riverside County and the Secretary
Of the Resources Agency pursuant to the provisions of Sec-
tion 21152 of the Public Resources Code and the State CEQA
Guidelines adopted pursuant thereto.
PASSED AND ADOPTED this 13th day of
July , 1983, by the following vote :
AYES : Members Foster, Ortner and Chairman pro tem Doyle
NOES : None
ABSENT: Member Maryanov and Chairman Bogert
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS, CALIF RNIA
By — —�
44ssistant Secretary Chairman pro Oem
REVIEWED AND APPROVED ��
CRA RESOLUTION 146
EXHIBIT A
FINDINGS ON SIGNIFICANT EFFECTS
Description of significant effect
1 . Increased demand for housing from increased employment resulting
from development in project area.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the signifipant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The Agency is required by law to set aside 20% of its
annual tax increment revenues for addition or improvement
of low and moderate income supply.
2. Most employment is expected to derive from existing
regional labor farce, which is now experiencing a 14%
unemployment rate and substantial underemployment.
3. Normal growth rate of approximately 5%/year will provide
substantial additional labor force.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
2. Increased demand for police services from convention center and
hotel development.
The Redevelopment Agency finds that as to such significant effect identified
above: ,
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The Agency shall ensure that the Police Department
adequately reviews the site plan and all drawings for
convention center and hotel developments to ensure
the incorporation of adequate security measures.
2. The Agency will recommend that hotel complexes provide
their own security if deemed appropriate during specific
project review.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
3. There is the potential for the generation of approximately 50
additional students over a 15-year period from residential
development in the project area.
' The Redevelopment Agency finds that as to such significant effect identified
above:
[X ] Changes or alter ations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The primarily tourist orientation of the project should
minimize potential increases in students.
2. A school impact fee of $636 per new residential unit
is in effect for use in expanding elementary school
facilities.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
4. Development of the project area will create substantial increases
in traffic within the project area.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ XJ Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . Development in the project will be within General Plan
densities.
2. The major part of the new demand will be satisfied
through the development of the street system as
identified in the General Plan.
3. Additional intersection improvements at 'I'ahquitz-McCallum
Way and Avenida Caballeros are recommended due to the
impartation at this point.
4. Additional traffic studies are recommended to determine
specific improvement needs adjacent to specific sites.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
5. Development of the convention center complex will create substantial
new parking demand.
The Redevelopment Agency finds that as to such significant effect identified
above:
[X ] Changes or alter ations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The need for parking will be substantially reduced
through , the location of center-related hotels in close
proximity to the Center.
2. Joint use of hotel parking facilities should be required
to accomodate those infrequent situations where two
events overlap creating extraordinary parking demand.
3. The Center will provide at least 600 parking spaces
to meet approximately 60% of the demand generated by
a public exhibit event.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
6. Development in the project area will result in additiional mobile
and stationery air pollution emissions.
' The Redevelopment Agency finds that as to such significant effect identified
above:
[ X ] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The project area is presently served by Sunline Transit
buses. Sunline Transit periodically makes changes
in their• routes to meet new demands.
2. The development plan for the project area envisions
the location of 1750 hotel rooms in close proximity
to the convention center and central business district.
The location will encourage pedestrian over vehicular
transportation.
3. The City and Agency will encourage new hotels to include
airport shuttle service to their developments.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
7. Development of the project area will result in additional
traffic-generated noise.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X] Specific economic, social or other considerations make
infeasible the mitigation ,measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . Adequate noise isolation measures in residential
construction and the existing site plan review will
assist in mitigating noise related impacts in residential
areas.
2. The Agency will use best efforts to extend its ability
to request certain design consideration when it
negotiates agreements with future developers for projects
which may be incompatible with existing noise levels.
3. The areas of primary traffic and therefore noise impact
are primarily non-residential therefore minimizing
deleterious environmental impacts.
i
4. However, increased noise levels represent an unavoidable
impact of growth in traffic volumes.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
8. The development of the project area may include high-rise structures
which if improperly designed may result in negative impacts on
views in the City.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant
environmental effects thereof as identified in the Final
EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
' identified in the Final EIR.
The facts supporting such findings are as follows:
1 . 100-foot tall bujildings are presently allowed on Indian
owned land by the City' s zoning ordinance.
2. A 6-story building, built in the early 1960's, is located
in the project area.
3. The Agency may require site specific design studies
as part of agreements with developers or property owners
to ascertain impacts on abutting, lower scale
developments (shadows , view, noise, light, and privacy).
4. The Agency recommends that the City pursue an analysis
of various site coverage requirements with and without
underground parking requirements and the operation
and maintenance of plazas and other open spaces.
5. The Agency also recommends that the design study be
commissioned to present recommendations on integrating
the development of the project area and possible pulic
open spaces with the downtown.
f> �4
e.+�1
6. The Agency may provide assistance in implementing any
measures finally decided upon by the City, particularly
those which may attain aesthetic goals but threaten
the feasibility of projects (ie, underground parking) .
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
9. Development of the project area will result in an increase in light and glare.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in , or incorporated
into, the project which mitigate or avoid the significant
environmental effects thereof as identified in the Final
EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The Agency will encourage the reviewing agencies and
boards to ensure that on-site light sources are properly
designed to eliminate impacts on surrounding uses.
2. The City currently has stringent review procedures
for design aimed at minimizing negative environmental
impacts due to design.
3. The overall increase of light and glare due to growth
is unavoidable.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
10. Development of the project area will result in increased water
and energy consumption.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
t
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making • the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The City is presently in the process of final adoption
of an Enargy Element.
2. The Desert Water Agency has implemented rules regulating
water conservation including a mechanism for fining
violators.
3. Increased water and energy rise represents a cumulative
and adverse impact on natural resources.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
The City Council finds that the Project will have no other significant
effects on the environment apart from these identified in this Exhibit
A and the Resolution of which Exhibit A is a part. That finding is
' supported by substantial evidence in the record of the proceedings
before the City Council .
23,11,
_
AGENCY RESOLUTION NO. 147
RESOLUTION QF THE REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS FINDING THAT
THE USE; OF TAXES ALLOCATED FROM THE
TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT
FOR THE PURPOSE OF IMPROVING AND
INCREASNG THE COMMUNITY'S SUPPLY OF LOW-
AND MODERATE-INCOME HOUSING OUT.'SIDE THE
PROJECT AREA WILL BE OF BENEFIT.' TO THE
PROJECT
WHEREAS, the Redevelopment Agency of: the City of Palm
Springs (the "Agency") has prepared a proposed Redevelopment
Plan (the "Redevelopment Plan") for the Tahquitz-Andreas
Redevelopment Project. (the "Project") which would result
in the allocation of taxes from the Project Area to the
Agency for purposes of redevelopment; and,
WHEREAS, Section 33334 . 2 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
eq. )- requires that not less than 20 percent: of all taxes
so allocated be used by the Agency for the purpose of
improving and increasing the community supply of low- and
moderate-income housing available to affordable housing
cost; and
WHEREAS , Section 33334 . 2 (g) of the Health and Safety
Code provides that the Agency may use such funds outside
the Project Area if a finding is made by resolution of the
Agency and the City Council that such use will be of
benefit to the Project;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS DOES HEREBY FIND AND RESOLVE that the use of taxes
allocated from the Project for the purpose of improving
and increasing the community' s supply of low- and moderate-
income housing available at affordable cost outside the
Project Area and within the City of Palm Springs will be
of benefit to the Project.
PASSED AND ADOPTED this 1,3th day of July, 1983 , by
the following vote:
AYES: Members Foster, Ortner, and Chairman pro tem Doyle
NOES: None
ABSENT: Member Maryanov & Chairman BoMhUNITY REDEVELOPMENT AGENCY OF THE
ATTEST: CITY01= PALM SPRINGS , CALIFORNIA
BY 'L
sistant Secretary #hirman pro tem
REVIEWED AND APPROVED kJ,
RESOLUTION NO. 148
RESOLUTION OF COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
LEASE AGREEMENT WITH NED JAMIN.
WHEREAS, by Resolution No. 1-17 , the Agency approved the Fiscal Year
1983-84 Budget including an allocation for lease and utility payments
for Agency offices outside City Hall , and
WHEREAS, the lease agreement with Ned Jamin satisfies the space needs
of the Agency staff within the allocated budget,
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS DOES HEREBY RESOLVE:
Section 1 . That the Agency hereby approves the lease agreement with
Ned Jamin subject to the conditions stated therein.
Section 2. That the Redevelopment Director is hereby authorized and
directed to sign the lease agreement.
PASSED AND ADOPTED this 13th day of July 1983.
AYES: Members Foster, Ortner and Chairman pro tem Doyle
NOES: None
ABSENT:Member Maryanov and Chairman Bogert
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
' CIT 0 PALM SPRIFA, CALIFORNIA
B,y
As�s-�s• ant Secretary��C hairma pro tem
REVIEWED AND APPROVED: ��
RESOLUTION NO. 149
RESOLUTION OF COMMUNITY REDEVELOPMENT ,AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA CANCELLING
OFFICE SPACE LEASE AGREEMENT WITH CITY OF PALM
SPRINGS.
WHEREAS, by Resolution No. 51 dated September 15, 1976 the Agency
approved Lease Agreement #14 for office space at City Hall for the
Community Redevelopment Agency in the amount of $300.00 per month,
and
WHEREAS, the new office space lease agreement with Ned Jamin satisfies
the space needs of the Agency staff within the allocated budget,
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS DOES HEREBY RESOLVE:
Section 1 . That the Agency hereby approves the cancellation of the
office space lease agreement #14 with the City of Palm
Springs.
PASSED AND ADOPTED this 3rd day of _ August _ 1983.
AYES: Members Doyle, Foster, Maryanov, ortner and Cbairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CAIFORNIA
Secretary 'Chairman
REVIEWED AND APPROVED:
�I
RESOLUTION NO. 150
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN EXPANDED AGREEMENT WITH WEDIN
ENTERPRISES, INC. FOR CONSULTING SERVICES.
WHEREAS the Community Redevelopment Agency is pursuing redevelopment and
economic development activities; and
WHEREAS the Agency is in need of professional consultant services to implement
successful programs; and
WHEREAS the Agency has reviewed an agreement with Wayne D. Wedin to provide
consultant services,
NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the
City of Palm Springs does hereby approve an agreement with Wedin Enterprises,
Inc. for consultant services in an amount not to exceed $21,000 including
expenses.
ADOPTED this 17th _ day of August 1983
AYES: Members Foster, Maryanov and Chairman Bogert
NOES: None
ABSENT: None
AB s Members Doyl
e & Smith CITY OF PALM SPR CALIFORNIA
Secretary C man
REVIEWED & APPROVED:
RCSOLU I ION 110• 151
RESOLUTION OL HIE COMMUNITY REDEVELOPMENT
AGENCY OF 111E CITY OF PALM SPRINGS
REFERRING PROPOSED REDEVELOPMENT PLAN
TO THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS AND THE PROJECT AREA
COMMITTEE FOR TIIE RAMON-BOGIE REDEVELOPMENT
PROJECT
WHEREAS, the Community Redevelopment Agency of the City of Palin Springs
(the "Agency" ) has received a draft Redevelopment Plan for the proposed
Ramon-Bogie Redevelopment Project Area in the form on file in the office
of the City Clerk, which is incorporated herein; and
WHEREAS, pursuant to Sections 33346 and 33347.5 of the Ilealth and Safety
Code, the Agency is to refer the proposed Redevelopment Plan to the
Planning Corrunission
WHEREAS, the Agency desires to transmit said draft Redevelopment Plan to
the Planning Commission of the City of Palm Springs (the "Planning
Commission") ;
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF TIIE CITY OF PALM
SPRINGS does hereby resolve as follows:
Section 1. The draft Redevelopment Plan, in the form on file in the
office of the City Clerk, hereto, is hereby referred to
the Planning Commission for its consideration.
ADOPTED this 17th day of Augug r_ , 1983
AYES: Members Doyle, Foster, Maryanov and Chairman Bogert'
NOES: None
ABSENT:None
ABSTAIN: Member. Smith CITY OF PALM SPRIN IFORNIA
Eam� -!-z
z= Secretary C rman
REVIEWED & APPROVED: -
RESOLUTION I10. 152
RESOLUTION OF 111E COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
REFERRING PROPOSED REDEVELOPMENT PLAN
TO 111E PLANNING COMMISSION OF 111E CITY
OF PALM SPRINGS AND 111E PROJECT AREA
COMMITTEE FOR THE SOUTH PALM CANYON
REDEVELOPMENT PROJECT
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs
(the "Agency") has received a draft Redevelopment Plan for the proposed
South Palm Canyon Redevelopment Project Area in the form on file in the
office of the City Clerk, which is incorporated herein; and
WHEREAS, pursuant to Sections 33346 and 33347. 5 of the Health and Safety
Code, the Agency is to refer the proposed Redevelopment Plan to the
Planning Commission
W1111-REAS, the Agency desires to transmit said draft Redevelopment Plan to
the Planning Commission of the City of Palm Springs ( the "Planning
Commission") ;
NOW, THEREFORE, 111E COMMUNITY REDEVELOPMENT AGENCY Of: THE CITY OF PALM
SPRINGS does hereby resolve as follows :
Section 1. The draft Redevelopment Plan, in the form on file in the
office of the City Clerk, hereto, is hereby referred to
the Planning Commission for its consideration.
ADOPTED this 17th day of august 1983
,
AYES: Members Doyle, Maryanov and Chairman Bogert `
NOES: None
ABSENT:None
ABSTAIN: Member Foster & Smith CITY OF PA4SPRINCALIFORNIA
By -Secretary an
REVIEWED & APPROVED:
RESOLUTION NO. 153
OF THE REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CONTRACTS WITH BIRR,
WILSON & CO. , INC. AND JONES HALL HILL AND WHITE FOR
PROFESSIONAL SERVICES IN CONJUNCTION WITH ISSUING
BONDS.
WHEREAS a Disposition of Development Agreement is being developed with the
Edward J. DeBartolo Corporation for the Desert Fashion Plaza Expansion
project; and
WHEREAS this Agreement will specify Agency responsibilities in the
implementation of this project; and
WHEREAS funds to cover costs associated with these responsibilities will be
obtained through issuing tax exempt bonds; and
WHEREAS depending on the type of bond issue utiilized, bond underwriting
services or financial advisor services will be necessitated as well as bond
counselor services;
NOW THEREFORE BE IT RESOLVED, that the Redevelopment Agency of the City of .
Palm Springs hereby approves contracts with Birr, Wilson & Co. , Inc. for the
services specified therein and with Jones Hall Hill & White for bond counselor
services.
ADOPTED this 7th day of September 198,3,
AYES: Members Foster, Smith and Chairman Bogert
NOES: None
ABSENT:Members Doyle and Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENC-Y/
CITY OF PALM SPRINGS, ,CALIFORNI
/ A,9SISTANT SECRETARY G: AI
i/
REVIEWED & APPROVED:
WP/C2
RESOLUTION NO. 154
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE COUNTY OF
RIVERSIDE REGARDING THE DISPOSITION OF TAX
INCREMENT REVENUE FROM THE TAHQUITZ-ANDREAS
REDEVELOPMENT PROJECT AREA.
WHEREAS, the City and Agency propose to undertake certain redevelopment
activities in the Tahquitz-Andreas Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health,
safety, and general welfare of the people of the City of Palm Springs;
and C.
WHEREAS, the Community Redevelopment Law authorizes redevelopment
agencies to provide that any taxing agency with territory located within
a project area, other than the community which has adopted the project,
may receive an amount of money which in the Agency' s determination
is appropriate to alleviate any financial burden or detriment caused
to any taxing agency by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to
provide mutual aid and assistance in the redevelopment of the
Tahquitz-Andreas Redevelopment Project Area and to alleviate any
financial burden or detriment caused to the County by such redevelopment
activities; and
' WHEREAS, the Agency and City have found and determined that it would
be appropriate to alleviate any financial burden or detriment caused
to the County by the redevelopment activities by providing that the
County shall receive a portion of the tax revenues generated within
the Tahquitz-Andreas Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the County of Riverside for the
allocation of tax increment from the Tahquitz-Andreas
Redevelopment Project Area, incorporating the terms as
set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the Tahquitz-Andreas Redevelopment
Project Area each year the County shall receive a percentage
of the County Tax Revenues in the amounts specified as
follows:
a. Ten percent (10%) of the County Tax Revenue for the
first five million dollars of cumulative Total Tax
Increment.
b. Twenty-five percent (25%) of the County Tax Revenue
for the second five million dollars of cumulative Total
Tax Increment ($5,000,001-$10,000,000) .
c. Fifty percent (50%) of the County Tax Revenue for
the third five million dollars of cumulative Total
Tax Increment ($10,000,001-$15,000,000) .
d. Sixty percent (60%) of the County Tax Revenue for the
fourth five million dollars of cumulative Total Tax
Increment ($15,000,001-$20,000,000) .
e. Seventy-five percent (75%) of the County Tax Revenue
for the fifth five million dollars of cumulative Total
f. One hundred percent (100%) of the County Tax Revenue
thereafter.
g. The parties agree that there shall be a limitation
upon the total County Tax Revenues which shall be divided
and allocated to the Agency under this Agreement. The
County Tax Revenues shall not be divided and shall
not be allocated to the Agency in excess of $3,796,730.
Upon the Agency receiving $3,796,730 of County Tax
Revenues, the County shall thereinafter receive all
County Tax Revenues.
h. The parties agree that if in any one tax year, Total
Tax Increment Revenue is equal to or greater than
$2,250,000, the County shall in the following tax year
and thereinafter receive 100% of the County Tax Revenue
as long as the Total Tax Increment Revenue continues
to be equal to or greater than $2,250,000.
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this
Agreement shall apply to the Tahquitz•-Andreas Redevelopment
Project Area of the Redevelopment Plan commencing with
the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency
that the County shall receive payments under this Agreement
shall commence in the first fiscal year in which tax revenues
are allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that
the amount received by the County pursuant, to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the County by the implementation of the
Redevelopment Plans.
ADOPTED this 7th clay of September 1983.
AYES: Members Foster, Smith and Ghairman Bogert
NOES: None
ABSENT: Members Doyle and Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistlarft Secretary Chairrpa
REVIEWED & APPROVED: ?��
RESOLUTION NO. 155
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE COACHELLA
VALLEY MOSQUITO ABATEMENT DISTRICT REGARDING
THE DISPOSITION OF TAX INCREMENT REVENUE
FROM THE TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT
AREA.
WHEREAS, the City and Agency propose to undertake certain redevelopment
activities in the Tahquitz-Andreas Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health,
safety, and general welfare of the people of the City of Palm Springs;
and
WHEREAS, the Community Redevelopment Law authorizes redevelopment
agencies to provide that any taxing agency with territory located within
a project area, other than the community which has adopted the project,
may receive an amount of money which in the Agency's determination
is appropriate to alleviate any financial burden or detriment caused
to any taxing agency by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to
provide mutual aid and assistance in the redevelopment of the
Tahquitz-Andreas Redevelopment Project Area and to alleviate any
financial burden or detriment caused to the Coachella Valley Mosquito
Abatement District by such redevelopment activities; and
WHEREAS, the Agency and City have found and determined that it would
be appropriate to alleviate any financial burden or detriment caused
to the District by the redevelopment activities by providing that the
District shall receive a portion of the tax revenues generated within
the Tahquitz-Andreas Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the Coachella Valley Mosquito Abatement
District for the allocation of tax increment from the
Tahquitz-Andreas Redevelopment Project Area, incorporating
the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the Tahquitz-Andreas Redevelopment
Project Area each year the District shall receive a
percentage of the District Tax Revenues in the amounts
specified as follows:
a. Ten percent (10%) of the District Tax Revenue for the
first five million dollars of cumulative Total Tax
Increment.
b. Twenty-five percent (25%) of the District Tax Revenue
for the second five million dollars of cumulative Total
Tax Increment ($5,000,001-$10,000,000) .
c. Fifty percent (50%) of the District Tax Revenue for
the third five million dollars of cumulative Total
Tax Increment ($10,000,001-$15,000,000) .
d. Sixty percent (60%) of the District Tax Revenue for
the fourth five million dollars of cumulative Total
Tax Increment ($15,000,001-$20,000,000) .
e. Seventy-five percent (75%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001-$25,000,000) .
Resolution 155
f. One hundred percent (100%) of the District Tax Revenue
thereafter.
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this
Agreement shall apply to the Tahquitz-Andreas Redevelopment
Project Area of the Redevelopment Plan commencing with
the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency
that the District shall receive payments under this Agreement
shall commence in the first fiscal year in which tax revenues
are allocated to the Agency.
Section 5. Allocation of Financial , Burden. The parties agree that
the amount received by the District pursuant to this
Agreement is appropriate, to alleviate any financial burden
or detriment caused to the District by the implementation
of the Redevelopment Plans.
ADOPTED this 7th day of September 1983.
AYES: Members Foster, Smith and Chairman Bogert
NOES: None
ABSENT: Members Doyle and Maryanov
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFO IA
i
By ONT
-ASSISecretary Chairman
REVIEWED & APPROVED:
i
RESOLUTION NO. 156
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE RIVERSIDE
COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT REGARDING THE DISPOSITION OF TAX
INCREMENT REVENUE FROM THE TAHQUITZ-ANDREAS
REDEVELOPMENT PROJECT AREA.
WHEREAS, the City and Agency propose to undertake certain redevelopment
activities in the Tahquitz-Andreas Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health,
safety, and general welfare of the people of the City of Palm Springs;
and
WHEREAS, the Community Redevelopment Law authorizes redevelopment
agencies to provide that any taxing agency with territory located within
a project area, other than the community which has adopted the project,
may receive an amount of money which in the Agency's determination
is appropriate to alleviate any financial burden or detriment caused
to any taxing agency by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to
provide mutual aid and assistance in the redevelopment of the
Tahquitz-Andreas Redevelopment Project Area and to alleviate any
financial burden or detriment caused to the Riverside County Flood
Control & Water Conservation District by such redevelopment activities;
and
WHEREAS, the Agency and City have found and determined that it would
' be appropriate to alleviate any financial burden or detriment caused
to the District by the redevelopment activities by providing that the
District shall receive a portion of the tax revenues generated within
the Tahquitz-Andreas Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the Riverside County Flood Control
& Water Conservation District for the allocation of tax
increment from the Tahquitz-Andreas Redevelopment Project
Area, incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the Tahquitz-Andreas Redevelopment
Project Area each year the District shall receive a
percentage of the District Tax Revenues in the amounts
specified as follows:
a. For the first five (5) years from the time the Agency
receives its first tax increment allocation, 100% of
the District Share shall be allocated to Agency.
' b. For the next ten (10) years, 50% of the District Share,
without regard to Section 33487 of the Health and Safety
Code of the State of California (20% set aside for
low and moderate income housing) shall be allocated
to District, and the remainder shall be allocated to
Agency.
c. Thereafter, through the life of the Plan , 100% of the
District Share shall be allocated to District.
Resolution 156
Section 3. Master Drainage Plan Facility Construction. Agency shall
allocate a portion of Project proceeds toward the
construction of critically needed master drainage plan
facilities that benefit the Project area and said funds
shall be transferred to District. District will augment
said revenue with Zone 6 ad valorem taxes, Zone 6 benefit
assessment revenues, developer fees or other sources that
may be made available to construct the facilities.
Section 4. Project Maintenance. District shall maintain any flood
control facilities constructed by District.
Section 5. Effective Date and Term. This Agreement shall become
effective upon the effective date of the Ordinance of the
City Council adopting the Redevelopment Plan and shall
remain in effect during the term of the Plan.
ADOPTED this 21st day of September 1983.
AYES: Members Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT:None
ABSTAIN: Members Doyle and Foster
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS-�5ALIFORNIA
h t
As is ant Secretary fir
REVIEWED &.APPROVED:
RESOLUTION NO. 157
J ;)
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR THE 1982-83 FISCAL YEAR.
- - - - - - - - - - - - - -
WHEREAS Resolution 119, approving the budget for the fiscal year 1982-83
was adopted on June 11, 1982; 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 119 adopting the budget for the 1982-83
fiscal year is hereby amended as follows:
SECTION 1 . ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. : 89 180 4532 $8,000
' Title: CRA CAPITAL PROJECTS FASHION PLAZA
EXPANSION
Purpose: To fund tax increment verification study for the CBD to be
performed by Appraisal Research Company.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. : 89 180 8530 $8,000
Title: CRA CAPITAL PROJECTS BLOCK 14 LAND
ACQUISITION
Adopted this 6th day of October , 1983
AYES: Members Poster, Maryanov, Smith and Chairman Bogert
NOES: None
' ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVEL PMENT AGENCY
�. PALM SPRINGS, CA FORNIA
ss��stant Secretary Chairman i
REVIEWED & APPROVED: K l/
RESOLUTION NO. 158
0: 4
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
AUTHORIZING EXECUTIVEIDIRECTOR TO EXECUTE
LETTER AGREEMENT WITH APPRAISAL RESEARCH
COMPANY FOR A TAX INCREMENT VERIFICATION
STUDY FOR THE CENTRAL, BUSINESS DISTRICT
REDEVELOPMENT PROJECT.
WHEREAS the City Council has designated themselves as a Community
Redevelopment Agency and taken the necessary action in accordance with State
Law to initiate a Redevelopment Program for the downtown area; and
WHEREAS the Community Redevelopment Agency desires to -issue a tax allocation
bond for the Central Business District Redevelopment Project; and
WHEREAS a tax increment verification study is required to support the bond
issue,
NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency
authorizes Executive Director to execute Letter Agreement with Appraisal
Research Company, dated September 22, 1983, for a tax -increment verification
study for the Central Business District Redevelopment Project.
BE IT FURTHER RESOLVED that said Agreement shall not exceed $8,000 and approve
budget Resolution therefore.
ADOPTED this 6th day of October 1983.
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALI - RNIA
�i ` D
gy ! �
Assistant" ecretary Chairman /
REVIEWED & APPROVED:_
Kr3ULUJIUN nU• 159
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY 0 r 4 +'
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF CERTAIN PROPERTY IN BLOCK 4 OF THE
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT,
AMENDING THE BUDGET FOR THE FISCAL YEAR 1983-84
AND AUTHORIZING THE CHAIRMAN AND EXECUTIVE
DIRECTOR TO EXECUTE THE NECESSARY DOCUMENTS TO
COMPLETE THE ACQUISITION.
WHEREAS the Redevelopment Agency of the City of Palm Springs has determined
that it is in the public interest to combine certain parcels of land in Block
4 of the Redevelopment Project to provide a parcel more suitable for future
development; and
WHEREAS Parcels 1 , 2, 3, 10, 11 , 12, 13, 14 and 15 are necessary for that
purpose to combine with Parcel 21 already acquired by the proposed developer;
and
WHEREAS the project is being carried out to satisfy the public objectives
of eliminating blight, incompatible and uneconomic land uses, inadequate parking
and obsolete structures,
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
Section 1 . The Agency approves the acquisition of said parcels of land
described as Block 4 of the Central Business District Redevelopment
Project and known as Parcels 1 , 2, 3, 10, 11 , 12, 13, 14 and 15.
Section 2. The Executive Director of the Agency is authorized to offer and
acquire certain real property described above from the property
owners in accordance with all applicable laws.
Section 3. The offer shall be a minimum of the fair market value as determined
by a qualified appraiser.
Section 4. The Chairman and Executive Director shall execute the necessary
papers to complete the acquisition.
Section 5. Owner Participation rights have been offered in accordance with
Section 430 of the Redevelopment Plan.
Section 6. The Executive Director shall accept the deed on behalf of the
Community Redevelopment Agency.
Section 7. The Director of Finance is authorized to record interfund cash
transfers as required in accordance with this Resolution.
ADOPTED this 13th day of October 1983.
AYES: Members Roster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
I. CITY OF PALM SPRINGS=RN IA
By ��� ��-- c_-�L.—
Assils_t Yt Secretary Chairman
REVIEWED & APPROVED: �� _
(?; RESOLUTION NO. 160
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING AND ADOPTING THE
REPORT TO THE CITY COUNCIL ON THE: PROPOSED RAMON -
soczE REDEVELOPMENT PROJECT, SUBMITTING SAID REPORT,
PROPOSED REDEVELOPMENT PLAN AND DRAFT EIR RELATING
THERETO TO THE CITY COUNCIL AND CONSENTING TO AND
REQUESTING THE CITY COUNCIL TO CALL A JOINT PUBLIC
HEARING ON SAID REDEVELOPMENT PLAN AND THE FINAL
EIR RELATING THERETO.
- - - - - - - - - -
WHEREAS the Redevelopment Agency of the City of Palm Springs (the "Agency")
has prepared proposed Redevelopment Plan (the "Redevelopment Plan") for
the Ramon-Bogie Redevelopment Project (the Project") ; and
WHEREAS the Agency has submitted the proposed Redevelopment Plan to the
Planning Commission of the City of Palm Springs for its report and
recommendations, and the Planning Commission, by Resolution No. on
September 28, 1983, reviewed the proposed Redevelopment Plan and recommended
the approval and adoption of the proposed Redevelopment Plan; and
WHEREAS pursuant to the California Environmental' Quality Act, the State
CEQA Guidelines and the Agency procedures adopted pursuant thereto, the
Agency has prepared and completed a Draft Environmental Impact Report ( "Draft
EIR") for the Project which is to be supplemented by comments to the Draft
Environmental Impact Report which may hereafter be received and responses
thereto, and which shall be submitted to the City Council of the City of
Palm Springs as soon as they are ready; and
WHEREAS pursuant to Section 33352 of the Californlia Community Redevelopment
Law (Health & Safety Code Section 33300 et sec . ) , the Agency has prepared
a Report to the City Council on the proposed Redevelopment Plan; and
WHEREAS Section 33355 of the California Community Redevelopment Law (Health
& Safety Code Section 33300 et sec . ) authorizes a joint public hearing
on the proposed Redevelopment Plan with the consent of the Agency and the
City Council of the City of Palm Springs ;
NOW THEREFORE THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
resolve as follows:
Section 1 . The Agency hereby approves and adopts the Report to the City
Council on the Redevelopment Plan for the South Palm Canyon
Redevelopment Project on file in the office of the City Clerk
and incorporated by reference herein and as nereafter amended
by the City Council and submits said Report, together with
the proposed Redevelopment Plan for the Project and the Draft
EIR, to the City Council .
Section 2. The Agency hereby consents to a joint public hearing on the
proposed Redevelopment Plan for the Project, and requests
the City Council to call a joint public hearing of the Agency
and the City Council on Wednesday, November 23, 1983 at 7:30
p.m. in the City Council Chamber to consider and act upon
the proposed Redevelopment Plan and all documents and evidence
pertaining thereto, together with a joint public hearing on
the Final Environmental Impact Report for the Project.
Section 3. The Secretary of the Agency shall , in cooperation with the
Clerk of the City of Palm Springs, prepare, publish and mail
such notices and documents and do all other acts as may be
necessary to carry out the purposes of this resolution.
Resolution 160 024
ADOPTED this 19th day of October 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
� � l CITY OFPALM, SPPRINGS, C RNIA
By
Assi to SeSecretary Chairman
REVIEWED & APPROVED jr,
1
RESOLUTION NO. 161
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING AND ADOPTING THE
REPORT i0 THE CITY COUNCIL ON THE PROPOSED SOUTH PALM
CANYON REDEVELOPMENT PROJECT, SUBMITTING SAID REPORT,
PROPOSED REDEVELOPMENT PLAN AND DRAFT EIR RELATING
THERETO TO THE CITY COUNCIL AND CONSENTING TO AND
REQUESTING THE CITY COUNCIL TO CALL A JOINT PUBLIC
HEARING ON SAID REDEVELOPMENT PLAN AND THE FINAL
EIR RELATING THERETO.
WHEREAS the Redevelopment Agency of the City of Palm Springs (the "Agency")
has prepared proposed Redevelopment Plan (the "Redevelopment Plan") for
the South Palm Canyon Redevelopment Project (the Project") ; and
WHEREAS the Agency has submitted the proposed Redevelopment Plan to the
Planning Commission of the City of Palm Springs for its report and
recommendations, and the Planning Commission, by Resolution No. on
September 28, 1983, reviewed the proposed Redevelopment Plan and recommended
the approval and adoption of the proposed Redevelopment Plan; and
WHEREAS pursuant to the California Environmental Quality Act, the State
CEQA Guidelines and the Agency procedures adopted pursuant thereto, the
Agency has prepared and completed a Draft Environmental Impact Report ("Draft
EIR") for the Project which is to be supplemented by comments to the Draft
Environmental Impact Report which may hereafter be received and responses
thereto, and which shall be submitted to the City Council of the City of
Palm Springs as soon as they are ready; and
WHEREAS pursuant to Section 33352 of the California Community Redevelopment
Law (Health & Safety Code Section 33300 et seq. ) , the Agency has prepared
a Report to the City Council on the proposed Redevelopment Plan; and
WHEREAS Section 33355 of the California Community Redevelopment Law (Health
& Safety Code Section 33300 et sec . ) authorizes a joint public hearing
on the proposed Redevelopment Plan with the consent of the Agency and the
City Council of the City of Palm Springs;
NOW THEREFORE THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
resolve as follows:
Section 1 . The Agency hereby approves and adopts the Report to the City
Council on the Redevelopment Plan for the South Palm Canyon
Redevelopment Project on file in the office of the City Clerk
and incorporated by reference herein and as hereafter amended
by the City Council and submits said Report, together with
the proposed Redevelopment Plan for the Project and the Draft
EIR, to the City Council .
Section 2. The Agency hereby consents to a joint public hearing on the
proposed Redevelopment Plan for the Project, and requests
the City Council to call a joint public hearing of the Agency
and the City Council on Wednesday, November 23, 1983 at 7:30
p.m. in the City Council Chamber to consider and act upon
the proposed Redevelopment Plan and all documents and evidence
pertaining thereto, together with a joint public hearing on
the Final Environmental Impact Report for the Project.
Section 3. The Secretary of the Agency shall , in cooperation with the
Clerk of the City of Palm Springs, prepare, publish and mail
such notices and documents and do all other acts as may be
necessary to carry out the purposes of this resolution.
Resolution 161
ADOPTED this grr day of —Octohpr 1983.
AYES: Members Doyle, Maryanov, Smith and Chairman Bogert
' NOES: Member Foster
ABSENT:None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assils.tarft Secretary Chairman
REVIEWED & APPROVED ��
RESOLUTION NO. 162
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING AND
ADOPTING RULES GOVERNING PARTICIPATION BY, AND
THE EXTENSION OF REASONABLE PREFERENCES TO,
PROPERTY OWNERS AND TENANTS IN THE SOUTH PALM
CANYON REDEVELOPMENT PROJECT.
WHEREAS Section 33345 of the California Community Redevelopment Law (Health
& Safety Code Section 33300 et sec . ) provides that a redevelopment agency
shall adopt and make available for public inspection rules to implement
the operation of owner participation in connection with a redevelopment
plan;
NOW THEREFORE the Redevelopment Agency of the City of Palm Springs does
resolve as follows:
Section 1 . The Redevelopment Agency of the City of Palm Springs does
hereby approve and adopt the "Rules Governing Participation
by, and the Extension of Reasonable Preferences to, Property
Owners and Tenants in the South (Palm Canyon Redevelopment
Project," on file in the office of the City Clerk and
incorporated by reference herein and as hereinafter amended
by the City Council .
ADOPTED this 19th day of October 1983.
AYES: Members Doyle, Poster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
A.i ib.eant Secretary Chairman
REVIEWED & APPROVED
RESOLUTION NO. 163
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING AND
ADOPTING RULES GOVERNING PARTICIPATION BY, AND
THE EXTENSION OF REASONABLE PREFERENCES TO,
PROPERTY OWNERS AND TENANTS IN THE RAMON-BOGIE
REDEVELOPMENT PROJECT.
WHEREAS Section 33345 of the California Community Redevelopment Law (Health
& Safety Code Section 33300 et seq. ) provides that a redevelopment agency
shall adopt and make available for public inspection rules to implement
the operation of owner participation in connection with a redevelopment
plan;
NOW THEREFORE the Redevelopment Agency of the City of Palm Springs does
resolve as follows:
Section 1 . The Redevelopment Agency of the City of Palm Springs does
hereby approve and adopt the "Rules Governing Participation
by, and the Extension of Reasonable Preferences to, Property
Owners and Tenants in the Ramon-Bogie Redevelopment Project,"
on file in the office of the City Clerk and incorporated by
reference herein and as hereinafter amended by the City
Council .
ADOPTED this 19th day of October 1983.
AYES: Members Doyle, Maryanov, Smith and Chairman Bogert
NOES: Member Foster
' ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistyant Secretary C airm
REVIEWED & APPROVED I<- *7
(� RESOLUTION NO. 164
l Yij a.,D`L
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
AN INCREASE IN AGREEMENT NO. 47 WITH IONIC
CONSTRUCTION COMPANY IN THE AMOUNT OF $2,080.
WHEREAS the City Council has designated itself as a Community Redevelopment
Agency and taken the necessary action in accordance with State Law to
initiate a redevelopment program in the downtown area; and
WHEREAS by Resolution No. 138 the Agency awarded contract to Ionic
Construction Company for demolition of structures in Block Two and at the
corner of Cahuilla Road and West Tahquitz Drive;
NOW THEREFORE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA does hereby resolve that the Executive Director be authorized
to approve an increase of the contract with Ionic Construction Company
in the amount of $2,080 for the removal of the north driveway of the old
Texaco Service Station site (395 North, Palm Canyon Drive) .
ADOPTED this 19th day of October 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CA FORNIA
By
Assikta, t Secretary Chairman
REVIEWED & APPROVED /� �'
I
101983
AGENCY RESOLUTION NO. 165
RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS APPROVING
AND AUTHORIZING EXECUTION OF A PARTICIPATION
AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS AND NORTH
' PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES
WHEREAS, the Community Redevelopment Agency of the
City of Palm Springs (the "Agency") is carrying out the
Redevelopment Plan (the "Redevelopment Plan") for the
Central Business District Redevelopment Project (the
"Project") ; and
WHEREAS, the Agency has received a proposed Participa-
tion Agreement (the "Agreement") from North Plaza
Associates and South Plaza Associates, both general
partnerships (the "Participant") , as executed by the Par-
ticipant, providing for the sale of certain land (the
"Sales Property") to the Participant and the development of
the Sales Property together with property already owned by
the Participant (collectively the "Site") ; and
WHEREAS, the Community Redevelopment Law of the State
' of California (Health and Safety Code Section 33000 et
sue. ) provides in Section 33431 that any sale or lease of
property acquired by the Agency may be made only after a
public hearing of the Agency after publication of notice as
provided by law; and
WHEREAS, the Community Redevelopment Law further pro-
vides in Section 33433 that before any property acquired ,
in whole or in part, with tax increment monies is sold or
leased for development pursuant to a redevelopment plan,
such sale or lease shall first be approved by the legisla-
tive body after a public hearing of the legislative body
after publication of notice as provided by law, and that
the Agency shall make available for public inspection a
copy of the proposed sale or lease and a summary of the
financial aspects of the proposal; and
1
WHEREAS, pursuant to Sections 33421 and 33421. 1 of the
Community Redevelopment Law, the Agency is authorized, with
the consent of the City Council, to develop a site for
industrial or commercial use so as to provide streets,
sidewalks, utilities or other improvements which an owner
or operator of the site would otherwise be obliged to pro-
vide; and
WHEREAS, pursuant to Section 33445 of the Community
Redevelopment Law, the Agency is authorized , with the con--
sent of the City Council, to pay all or any part of the
value of and the cost of installation and construction of
any building, facility, structure or other improvement
which is publicly owned either within or, without the Pro-
ject Area upon a determination by the City Council that
sucn building, facility, structure or other improvement is
of benefit to the Project Area or the immediate area in
which the Project .is located,, and that no other reasonable
means of financing such building, facility,, structure or
other improvement is available to the community; and
WHEREAS, notice of a joint public hearing by the City
Council of the City of Palm Springs and the Agency was
published in the _ DESERT SUN on September 29, 1983 and
October 6, 1983; and
WHEREAS, the Agency has prepared a report pursuant to
Section 33433 of the Community Redevelopment Law containing
a copy of the Participation Agreement and a summary des-
cribing the cost of the Agreement to the Agency, the value
of the property interest to be conveyed,, the consideration
and other information required by said Section 33433, and
said report was made available to the public for inspec-
tion; and
WHEREAS, the City Council and the Agency held a joint
public hearing on October 13, 1983, continued to
-2-
October 20, 1983, in the City Council Chambers to consider
and act on the sale of the Sales Property pursuant to the
Agreement;
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Agency hereby finds and determines
that the consideration for the disposition of the Sales
Property to the Participant pursuant to the Participation
Agreement exceeds a fair and equitable price for the land
according to its value for reuse and is not less than the
fair market value of the land for use in accordance with
the Redevelopment Plan and the Agreement:. This finding is
based upon the reasons contained in the financial summary
prepared pursuant to Section 33433 of the Community Rede-
velopment Law.
Section 2 . The Agency hereby finds and determines
that the provision of streets, sidewalks, utilities and
other improvements by the Agency for the development of the
Site is necessary to effectuate the purposes of the Rede-
velopment Plan.
Section 3. The Agency hereby finds and determines
' that the provision of publicly-owned improvements by the
Agency or other public bodies in connection with the devel-
opment of the Site are of benefit to the Project Area and
that no other reasonable means of financing such public
improvements is available to the community.
Section 4. The proposed development, pursuant to the
Participation Agreement, is covered by an Environmental
Impact Report (the "Final EIR") certified by the Agency by
Resolution No. 14726 on October 6, 1983.
Section 5. For purposes of this resolution, the
Agency hereby approves and adopts (a) the findings and
conditions contained in Council Resolution No. 14743
adopted October 13, 1983, attached hereto as Exhibit A and
incorporated herein by reference and (b) the Final EIR
-3-
�JCJ
mitigation measures identified in the "Summary of Mitiga-
tion Measures, " applicable to the development of the Site
pursuant to the Participation Agreement and attached hereto
as Exhibit B and incorporated herein by reference.
Section 6. The Agency hereby approve::. and authorizes
execution of the Participation Agreement by its Chairman ,
and Secretary for and on behalf of the Agency in the form
submitted, subject to sucn minor or clarifying revisions as
the Agency's attorney shall approve.
ADOPTED this 7nFh clay of nrtnhar , 1983, by
the following vote:
AYES: Members roster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: Member Doyle
Executive, Director
ATTEST:
A sistant Secretary
-4-
�J .
EXHIBIT "B"
SUMMARY OF MITIGATIOM MEASURES Resolution #165
1. Project Mitigation Measures: A grading plan will be prepared by the
applicant and must be approved by the City prior to the issuance of a
grading permit.
2. Project Mitigation Measures: A soils investigation is currently being
prepared for the project site. The study will report any findings of
saturated soils, free standing water or warm soils encountered in any of
the 15 proposed soil boring locations.
3. Additional Su ested Miti ation Measures: A qualified soils engineer
shou e present uring excavations to depths in excess of 5 feet to
detect any signs of geothermal resources. If such resources are
detected, their extent should be defined and a qualified geotechnical
engineering firm should make appropriate recommendations.
4. Project Mitigation Measures: A soils investigation is currently being
prepared for the project site. The study will recommend suitable design
criteria for the proposed project.
5. Project Mitigation Measures: All residents and businesses occupying the
sales property will be provided with relocation payments and assistance.
6. Additional Suggested Mitigation Measures: If possible, qualified
employees of displaced businesses occupying the sales property should be
given priority in applying for new jobs in the expanded Desert Fashion
Plaza and hotel .
7. Additional Suggested Mitigation Measures: Parking may be added by
expanding the undergrouna parking area or constructing an above grade
parking structure with more than one level (see Section 7.3, Alternative
' Parking Plan) . If the required number of parking spaces cannot be
provided, transportation systems management measures could be employed
(i .e. , incorporation of compact car parking, improvement of bus routes
and schedules, provision of bike lanes and bike racks, provision of
extensive pedestrian amenities and park-and-ride facilities) . The
impact of the lack of setback along Amado Road could be tempered by
gradually stepping back the hotel building.
8. Project Mitigation Measures: All existing overhead utility lines on and
adjacent to the project site will be placed underground. The developer
has tentatively proposed extensive landscaping, enhancement of views to
and from the Desert Museum and other buildings, streets and sidewalks
surrounding the site, and exterior treatment of the proposed buildings
and the existing Plaza to blend with the architecture of the surrounding
community.
9. Additional Suggested Mitigation Measures: Building exteriors should be
designed to avoid the use 0f reflective building materials and paints.
Signs should be in conformance with the Palm Springs Sign Ordinance.
Refuse bins and storage areas should be screened from public view. The
exterior treatment of the proposed truck loading areas should also be
aesthetically designed and should blend with the surrounding buildings.
The alternative of stepping back the proposed hotel building along the
Amado Road frontage should be considered.
�k�41
SUMMARY OF MITIGATION MEASURES EXHIBIT "B"
Page 2 Resolution #165
10. Project Mitigation Measures: A number of energy conservation features
are proposed or un er consideration by the developer (see Mitigation
Measures for Impact No. 20 in the EIR) .
11. Additional Su ested Miti ation Measures: There are over 25 additional
energy conservation measures provided in Section 4.8.9 of the EIR for
consideration by the developer. These measures would also help to
reduce air pollution emissions.
12. Project Mitigation Measures: The proposed project will comply with all
requirements ot the City Fire Department regarding fire flows, sprinkler
systems, fire hydrants, etc.
13. Additional Suq ested Miti ation , Measures: State-of-the-art security
a arm systems and adequate parking lot lighting should be incorporated
into the proposed project and a City-approved security program should be
provided at both the hotel and the Plaza. Shoplifting prevention alarm
systems are also available. The mitigation measures for Impact Nos. 10,
11 and 12 in the EIR would also reduce traffic control impacts on the
police.
14. Project Mitigation Measures: The project proposes several outdoor open
space and recreations uses, including a terraced, landscaped area with
a sculpture garden along a walkway from Museum Drive to the Plaza,
landscaped cement areas surrounding the hotel and shopping center, and a
pool on the northwest corner of the proposed hotel site. The Plaza will
include about 72,500 square feet of nonleasable! space within the Mall
concourse which will have resting, areas for shoppers, landscaping and
fountains. All street frontages adjacent to the proposed project will
be lined with landscaping.
15. Additional Suqqested Miti ation Measures: Landscaping for the proposed
project shoUTd be adapted to t e a m Springs climate and should be
irrigated with the most efficient methods available to conserve water.
Entertainment uses which would appeal to everyone, including the special
interests of children, teenagers and senior citizens, could be
encouraged within the Mall expansion. It may be possible for the City
to relocate the Village Theatre within the City of Palm Springs.
Security should be provided to prevent transient loitering on-site.
16. Project Mitigation Measures: The proposed project will general revenues
for the City to offset the road maintenance costs,.
17. Additional Suggested Mitigation Measures: The proposed new roadway
segments should be designed to handle the projected traffic flows.
Transportation systems management measures should be considered (see
Section 4.8.9 in the EIR) . Delivery truck routes should be approved by
the City. Implementation of flood control measures (see Impact No. 19
in the EIR) would be helpful .
18. Project Mitigation Measures. The project will have low-flush toilets,
low-flow faucets, and insulation of hot water lines in water recircula-
tion systems as required by law.
�k1
SUMMARY OF MITIGATION MEASURES EXHIBIT "B"
Page 3 Resolution #165
19. Additional Suggested Miti ation Measures: The project should
incorporate pressure-re ucing valves, flush-valve operated water
closets, self-closing valves on drinking fountains, and efficient
landscape irrigation systems. Restaurants should have water-conserving
models of dishwashers, or retrofitting spray emitters, and should serve
drinking water only upon request. The site should be landscaped with
low-water consuming plants and lawn areas should be minimized. Use of
mulch as topsoil in landscaped areas will improve the water-holding
capacity of the soil. Use of pervious ground covers and dry wells would
aid in groundwater recharge. The applicant should investigate the
feasibility of using reclaimed waste water, stored rain water, or house-
hold gray water for irrigation. If may be necessary to upgrade water
lines during relocation in order to meet the fire flow requirements for
the proposed project. In addition, sewer lines serving the project site
will require upgrading.
20. Additional Su ested Mitigation Measures: All refuse generated on the
site shou d be compacted to minimize waste hauling trips and the amount
of space required for landfilling.
21. Project Miti ation Measures: The City has a master drainage plan which
wou d a eviate the existing drainage problems in the project area. It
is the City's intent to implement the Master Plan in conjunction with
the proposed project, provided funding is available. However, in the
absence of a storm drain from the project site to Baristo Channel , storm
waters would continue to be conveyed within the street sections.
Surface flows from Belardo Road coming from the north toward Amado Road
should be diverted easterly on Amado. Southerly of Amado Road, Belardo
Road should be designed to contain storm waters within the right-of-way.
The new portion of Museum Drive north of the existing Andreas Road
' should also be designed to convey storm waters within the street right-
of-way. All ramps to undeground parking garage from the street, without
obscuring line-of-sight into and out of the parking area. At the bottom
of the ramps to the underground parking, catch basins should be
connected to a small pumping station. On-site drainage and roof drains
should be desinged to allow water to exit from the site onto the public
streets in as many places as possible.
22. Project Miti at ion Measures: The proposed project will include built-up
roofs with insu an on, bronze-tinted glass for the hotel , energy effi-
cient electric cooling equipment, electrical centrifugal water chilling
packages, and gas-fired automatic water storage heaters. Windows will
be shaded by trellis construction, broad overhangs, balconies, planting
and controllable interior shades. Landscaping will be placed adjacent
to the hotel along Palm Canyon Drive and dispersed throughout the
parking lots. Lighting of hotel guest rooms and other hotel areas,
retail areas, and parking lots will be the minimum levels allowed per
the applicable government codes. The subterranean parking was designed
to allow free flow of air through the structure. The developer is
investigating possibilities for energy recovery via recycling of heat
from the water chiller condensers, incorporating a hydronic economizer
cycle and utilizing alternative power sources, such as solar energy.
Gray-tinted glass is being considered for the clerestory of the Mall
concourse. Also under construction are the uses of high-performance
glass, a switch to turn off the guest room fan coil units when the
balcony glass doors open, methods for limitin t a ou v
air removed from unoccupied guest room batghs,he and P�ePly �%�����&�4
systems for control of the retial areas and the hotel .
r
SUMMARY OF MITIGATION MEASURES EXHIBIT "B"
Page 4 Resolution IA165
23. Additional Su ested Miti ation Measures: Over 25 energy conservation
measures for consideration by t e Te veToper are listed in Section 4.8.9
of the EIR. These include various site planning measures, cogeneration,
transportation systems management techniques, landscaping recommenda-
tions and building design features. The need for the proposed
clerestory should be evaluated.
24. Project Mitigation Measures: Existing residential and business tenants
in the property acquired the Redevelopment Agency will have to be
assisted in relocating as provided for in the relocation plan for the
Palm Springs Central Business District Redevelopment Project. The
proposed project will generate an estimated 6010 to 940 jobs during the
off-peak and peak tourist seasons, respectively.
25. Additional Suggested Mitigation Measures: The City should continue to
make every effort to promote the development of low- and moderate-income
housing to serve both existing demand and the future demand which may be
generated by the proposed project and other future commercial develope-
ment projects. Special assistance should be provided to locate jobs for
those employees who are laid off due to the proposed project.
26. Project Mitigation Measures: Plans for partial or complete roadway
closure will be coordinated with the City Police and Fire Deparments,
Waste Disposal Services, Inc. , Springs Ambulance and Sunline Transit.
The necessary access parking and approach routes will be worked out in
order to maintain an acceptable level of service by these organizations.
The developer is working closely :with the public utility companies to
relocate utility lines, insure that the existing and new lines will
provide adequate service to the proposed project, and provide service to
the existing Desert Fashion Plaza during utility line relocation. The
project must comply with all Cal/OSHA and City safety requirements.
Truck routes for soil transport must be coordinated with the City. The
developer will be responsible for keeping the streets clean during the
project and restoring the streets after the project to a condition
acceptable to the City. Temporary erosion control measures will be
employed as required by the topography and drainage characteristics of
the site. Construction phasing may help to minimize the magnitude of
impacts occurring at one time. The site must be fenced and security
guards must be provided until the buildings are secured with doors and
windows. Caltrans must approve any construction work on Palm Canyon
Drive.
27. Additonal Su ested Miti ation Measures: Exposed dirt areas should be
kept amp. A temporary screening fence around the site would help to
block wind which could cause soil erosion, block unaesthetic views, and
minimize noise levels experienced off-site. If possible, the excavation
and early construction period of the project should not occur during the
storm season, and grading activities should not: occur during blowsand
episodes. Closures of main roads, adjacent to the site should not be
allowed during the month of December. Paving and relandscaping of
�t7,a
SUMMARY OF MITIGATION MEASURES EXHIBIT "B"
Page 5 Resolution #165
exposed areas should take place as early as possible during construc-
tion. Grading and construction activities should take place only
between the hours of 7:00 a.m. and 6:00 p.m. Trucks transporting soil
from the project site should be covered with tarps. Carpooling should
be encouraged among grading and construction employees. Utility
I companies and agencies should cooperate during relocation and upgrading
of service lines by utilizing the same trenches as much as possible. A
construction staging area and operations plan should be prepared and
approved by the City. Adequate pedestrian protection must be provided
adjacent to the site.
r
�f) v_
EXHIBIT "A"
Resolution #165
RESOLUTION ,NO. 14743
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT
#147 FOR EDWARD J. DEBARTOLO CORPORATION FOR THE
REMODELING AND EXPANSION OF THE DESERT FASHION PLAZA
INCLUDING ADDITIONAL RETAIL FACILITIES, A SIX-STORY
HOTEL, UNDERGROUND PARKING, INCLUDING THE CLOSURE OF
ANDREAS ROAD FOR PROPERTY LOCATED BETWEEN TAHQUITZ-
McCALLUM WAY/AMADO ROAD AND PALM CANYON DRIVE/MUSEUM
ROAD, C-B-D ZONE, SECTION 15.
WHEREAS an application has been received from the Edward J. DeBartolo
Corporation for remodeling and expanding the existing Desert Fashion Plaza
including additional retail area, a six-story, 204-room hotel , underground
parking, and exterior open space features including a . sculpture garden on
property hereinabove described.; and
WHEREAS the Planning Commission has recommended approval of the application
including preliminary plot plan, architectural features, environmental impact
mitigation, and specific development standards after holding public hearings
in accordance with ordinance procedures; and
WHEREAS the City Council is in agreement with the recommendation of the
Planning Commission,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,
approve Planned Development District #147 for the remodel and expansion of the
Fashion Plaza on property hereinabove described based on the following
findings and subject to the following conditions:
Findings
1. That the mixed use of shopping center & hotel incorporating
highrise development in the CBD Zone is properly one for which a
Planned Development District application is authorized by the
Zoning Ordinance.
2. That the retail & hotel use located in the central business
district is necessary & desirable for the development of the
community in that it will enhance the existing resort & commercial
nature of the City. The proposal as conditioned by this
application, is in harmony with the elements & objectives of the
M General Plan which designates the site as CBD & is not detrimental
to existing or uses specifically permitted in the zone in which
the proposed use is to be located.
3. That the site is adequate in size & shape to accomodate said use &
all of the yards, setbacks, walls or fences landscaping & other
features (as modified by the Planned Development District applica-
tion) to adjust the said use to those existing & permitted future
uses on land in the neighborhood.
4. That the site for the proposed use relates to Palm Canyon, an 80
ft. secondary thoroughfare, Amado Rd. , 70' secondary thorough-
fare, Belardo Rd, a 66' collector st. , Museum Dr. , a 50' st. , &
Tahquitz-McCallum Way, an 88' .& 77' secondary thoroughfare &
collector street which are (as conditioned by this application)
properly designed & improved to carry the type & quantity of
traffic generated by the proposed use.
5. That elements of the proposal do ' not conform with the setback
requirements of the highrise section of the Zoning Ordinance
(Section 9304.00) , however are allowable under the intent of the
P.D.D.
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EXHIBIT "A"
Resolution #165
Resolution 14743
Page 2
6. That the proposal does conform with the parking requirements of
the Zoning Ordinance (Section 9306.00) .
7. That elements of the proposal do not conform with the setback
requirements of the CBD section of the Zoning Ordinance (Section
9229.00) however are allowable under the intent of the P.D.D.
8. That the Planned Development District application allows for
"certain desirable departures from the strict provisions of speci-
fic zone classifications" ( i .e. , those specified in Findings 3, 5,
6, and 7 of this report) .
9. As to all of the significant environmental effects identified in
the Environmental Impact Report (EIR) except those referred to in
Paragraph 10, changes or alterations have been required in, or
incorporated into, the project, which mitigate or avoid the
significant invironmental effects, as set forth in the conditions
of approval and EIR mitigation measures. All significant
Onvironmental effects that can feasibly be avoided have been
eliminated or substantially lessened as determined through the
findings as described in this Paragraph 9, and any remaining,
unavoidable significant effects are hereby found acceptable under
Paragraph 11.
10. The following impacts of the project (delineated in the
Environmental Impact Report) were found to be either unmitigatable
by conditions or to have an unavoidable adverse effect on the
environment.
' a. Several businesses & two households will be displaced by the
proposed project.
b. The building setbacks do not comply with the requirements of
the Zoning Ordinance.
C. A portion of the existing mountain-view from Palm Canyon
Drive & Amado Road will 'be blocked due to the proposed
project.
d. Shadows from the proposed hotel will extend off-site and
impact Bel.ardo and Amado Roads. (Some may perceive the
extension of shade as a positive impact. )
e. Some structures of historical significance to some members
of the community will be lost.
f. The proposal will generate approximately 6,750 additional
vehicle trips per day.
g. The misalignment of the Tahquitz-McCallum parking lot
access/egress and Belardo Road in conjunction with the
introduction of a service access of the Tahquitz-McCallum
frontage may cause traffic conflicts, congestion and
accidents.
(Note: Impact not identified on EIR but shown on revised
plans submitted after certification of draft EIR. )
h. Additional enforcement of a no parking rule in passenger
drop-off areas will be required.
i . The project will result in the generation of additional
mobile & stationary source emissions in the Southwest Desert
Air Basin.
EXHIBIT "A"
Resolution #165
Resolution 1.4743
Page 3
j. The project could require additional police and fire
protection.
k. There will be a net loss of park area as a result of the
proposal .
1 . The project will contribute to a cumulative increase in
roadway maintenance and costs in the City.
M. There will be an increases in demand for water supply and
sewage collection at the project site. It will be necessary
to upgrade existing sewer collection lines and may be
necessary to upgrade water lines during relocation of the
lines.
n. There will be an increase of approximately 52-7 percent of
solid waste generated at the site,
0. The project will generate increased energy demands,
p. During grading and construction .the project will create air
pollution emissions, traffic congestion, unaesthetic views
and nuisance levels of noise.
q. There may be an increase in demand for low to moderate
income housing in Palm Springs. Since there is a recognized
shortage of low- and moderate-income housing in Palm
Springs, the project may cause an -imbalance in the supply
and demand of housing in the City.
11. The overriding considerations justify approval of the project
notwithstanding the environmental impacts identified in Paragraph
10. The project will provide an increase in employment estimated
to be 413 jobs in the long term and approximately 155 short term
jobs (during construction) .
There will be a net increase in, retail space of 101,700 sq. ft.
and hotel space of 153,100 sq. ft. Retail sales are expected to
increase by $24,635,400 (136%) . Property values in the downtown
are anticipated to increase which should provide additional
property tax revenues .for the City.
The perceived physical , economic and visual deterioration of a
portion of the site will be . halted, The potential cumulative
increase in the number of tourists patronizing the development
could lead to further increases in employment, spending and
revenues in both public and private sectors.
It is not possible to' quantify the benefits the project will have
on the City as a whole without a detailed economic study, however,
the City's environmental consultant has quantified additional net
annual revenues to the local authority as $199,499 plus an
additional $30,000 to $40,000 provided to the Redevelopment agency
in property taxes. In fact, the Agency has estimated additional
property tax revenues will be between $300,000 to $400,000.
It is considered that the abovelleconomic benefits to the City as a
whole outweigh the items which have been found to have an
unavoidable adverse effect on the environent.
Conditions
1. That all attached conditions of the Development Committee shall be
complied with.
EXHIBIT "A"
Resolution 1465
Resolution 14743
Page 4
2. That Schemes I , 1I , and III or any combination thereof shall be
approved, including provisions for parking as follows:
a. Scheme I - 1,070 parking spaces minimum;
b. Scheme II - 1,120 parking spaces minimum;
C. Scheme III - 1,154 parking spaces minimum;
d. Other combinations of development than those specifically
proposed will require the establishment of a specific
parking provision.
3. That the maximum height of non-hotel structures shall not exceed
40 feet.
4. That the participation agreement may allocate the responsibility
for completion of certain required conditions to the Redevelopment
Agency.
5. That the conditions of the AAC be followed with the exception that
the preliminary site plan is approved subject to further study of
the hotel entry area to resolve conflicts between pedestrians and
vehicles.
6. This resolution shall become effective upon acquisition of
property within the project area by either the developer or the
redevelopment agency.
ADOPTED this _ 1'�th day of October 1983
' AYES: Councilmembers roster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ABSTAIN : Councilmember Doyle
ATTEST: CITY OF PA M SP.RRIINGS, �Cf1LIFORNIA
By
City Clerk City
REVIEWED & APPROVED: A
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE COPY OF
RESOLUTION No. I. ��23 DULY ADOPTFD 13Y I HE
_ CITY COUNCIL OF THE CITY OF PALM SPRING+ 1 A M,
THEREOF HELD ON THE/&—"�DAY OF
DATED A31ALM SPRINvS,CALIFO�t��
CL
t_tY OF PALM SPRINGS, CALIFORNIA
WP/DEBART
RESOLUTION NO. 166
DECLARING THE PUBLIC NECESSITY FOR THE TAKING OF
CERTAIN REAL PROPERTY FOR THE IMPLEMENTATION OF THE
REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT (CODE OF CIVIL PROCEDURE
SECTION 1245.230) . 1
WHEREAS the proposed project is the acquisition by the Community
Redevelopment Agency of the City of Palm Springs (the "Agency") of certain
parcels of real property known as parcel nos. 513-093-002,
513-093-003, 513-093-010, 513-093-011, 513-093-012, 513--093-013, 513-093-014
and 513-093-015 for assemblage to permit development -in the implementation
of the Redevelopment Plan for the Central Business District Redevelopment
Project (the "Project") approved and adopted by the City Council of the
City of Palm Springs on July 11, 1973 by Ordinance No. 952; and
WHEREAS the Agency has advised the affected property owners and has afforded
the property owners an opportunity ,for a hearing before the Community
Redevelopment Agency on November 2, 1983, pursuant to Section 1245,235
of the Code of Civil Procedure, State of California ; and
WHEREAS an environmental impact report has been previously prepared covering
the development which contemplates the assemblage of the parcels covered
by this resolution and a Notice of Determination has been filed as required
by the California Environmental Quality Act (Public Resources Code Sections
21000 et. seq. ) .
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS hereby resolves as follows:
Section 1 . The property to be acquired is necessary for implementation
of the Redevelopment Plan for the Central Business District
Redevelopment Project. The Agency is authorized to acquire
property by eminent domain pursuant to, Community Development
Law of the State of California (Health & Safety Code Sections
33000 et. seq. ) including, but not limited to, Sections 33037
and 33391 thereof.
Section 2. The general location and extent of each of the parcels of
property to be acquired is as set forth in Exhibit A, attached
hereto and incorporated herein by reference.
Section 3. The Agency hereby finds and determines as follows :
A) The public interest and necessity require the proposed
project.
B) The proposed project is planned and located in the manner
that will be most compatible with the greatest public
good and the least private injury.
C) The properties described in Exhibit A are necessary for
the proposed project.
D) The Agency has made offers to the owners of record of the pro-
perties described in Exhibits A and A-1 to acquire the pro-
perties in accordance with Section 7267.2 of the Government
Code.
2(39
Resolution 166
ADOPTED this 2nd day of November 1983
AYES: Members Foster, Maryanov, Smith & Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Doyle COMMUNITY REDEVELOPMENT AGENCY OF
ATTEST: THE CITY OF PALM SPRINGS, CA RNIA
Assistant Secretary J Chai n
�ry 70
Resolution 166
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Resolution 166 ?
AMADO ROAD
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513-093-003
PROPOSED I a
FASHION PLAZA EXPANSION
PARCEL TO BE ACQUIRED
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EXHIBIT A 1
C IT_Y _ OF PALM SPRINGS
E NO __5__Q2Z_5_p -147_ APPROVED BY PLAN, COMM. DATE
LICANT E._ J. DeBartolo & Desert Fashion - APPROVED BY COUNCIL DATE
REMARKS Plaza ORD. NO. RESOL. NO.
2 j OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR THE 19B3-84 FISCAL YEAR.
WHEREAS Resolution 144, approving the budget for the fiscal year 1983-84
was adopted on June 28, 1983; 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 144 adopting the budget for the 1983-84
fiscal year is hereby amended as follows:
SECTION 1 . ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. : 89 4537 ' $1 ,201 ,950.00
180 8537 406,642.00
Title: CRA CRA Acquisition Block 4
Redevelopment Fund Acquisition
Purpose: To appropriate funds for land acquisition in Block 4 of the
Central Business District Project.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
180 !1527, Block 2 $ 294,980. 00
No. : 89 '180 4536, Block 12 677,000.00
180 8530, Block 14 P/`f 12,200.00
Title: CRA 180 8501 , Land Acq.P/Y 102,772.00
180 4532, Blk. Z Demo.. 49,970. 00
180 8527, Block 2 P/Y 291 ,670.00
180 4530, Block 14 180,000.00
Adopted this 2nd Tay-of November , 1983 _.
AYES: Members Foster, Maryanov, Smith & Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS, CALIFORNIA
„Assistant Sec Di ec rector
REVIEWED & APPROVED: be __
273
RESOLUTION NO. 168
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF 9,660 SQUARE FEET OF LAND
ON THE SOUTHWEST CORNER OF AMADO ROAD AND
NORTH PALM CANYON DRIVE AND APPROVING BUDGET
AMENDMENT THEREFORE.
WHEREAS the Redevelopment Agency of the City of Palm Springs, by Resolution
No. 159 authorized the Executive Director to offer and acquire certain
parcels of land in Block 4 of the Central Business District Redevelopment
Project for the purpose of land assembly and development in conformance
with and the implementation of the Redevelopment Plan.
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1 . The Executive Director of the Agency is authorized to offer
and acquire that certain real property located at the southwest
corner of Amado Road and North Palm Canyon Drive from the
'trustee in accordance with all applicable laws.
Section 2. The offer shall be for one hundred and seventy-five thousand
dollars ($175,000) as has been determined by a qualified
appraiser.
Section 3. The terms of the offer shall be $175,000 cash to escrow.
Section 4. The Executive Director shall accept the deed on behalf of
' the Community Redevelopment Agency.
Section 5. The City Clerk shall record the deed with the County Recorder.
ADOPTED this 2nd day of November 1983.
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OOF PALM SPRINGS-;C L.IFORNIA
AssPht cretary �] Chairman
REVIEWED & APPROVED A y
1
RESOLUTION NO. 169
271
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR THE 1982-83 FISCAL YEAR.
WHEREAS Resolution 119, approving the budget for the fiscal year 1982-83
was adopted on June 16, 1982; 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 119 adopting the budget for the 1982-83
fiscal year is hereby amended as follows:
SECTION 1 . ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. : 89 180 4537
Title: $180,000
REDEVELOPMENT CAPITAL PROJECTS BLOCK 4 LAND
ACQUISITION
Purpose: Acquire 9,660 square feet of land on southwest corner of Amado
Road and North Palm Canyon Drive for purpose of land assembly.
SECTION 2. SOURCE
FUND ACTIVITY ACCOUNT AMOUNT
No. : 89 180 8527
Title: $180,000
REDEVELOPMENT CAPITAL PROJECTS BLOCK 2 LAND
ACQUISITION
Adopted this 2nd day of November 19 83 .
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGE CY
PALM SPRINGS, CALIFORN-IA
L�,Sst. becretary chairma�/
REVIEWED & APPROVED.
RESOLUTION NO. 170
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE DESERT
WATER AGENCY REGARDING THE DISPOSITION OF
TAR INCREMENT REVENUE FROM THE SOUTH
PALM CANYON REDEVELOPMENT PROJECT AREA.
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the South Palm Canyon Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
we]Fare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the South Palm Canyon
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the Desert Water Agency (hereinafter referred to as DWA) by such
redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused to the DWA by the
redevelopment activities by providing that the DWA shall receive a portion
of the tax revenues generated within the South Palm Canyon Redevelopment
Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the DWA for the allocation of tax increment
from the South Palm Canyon Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the South Palm Canyon Redevelopment Project
Area each year the DWA shall receive that percentage of the
DWA Tax Revenues which is levied in excess of one percent general
tax rate.
Section 3. Allocation of Tax Revenues from Pro iect Areas The parties
agree that the allocation of tax revenues under this Agreement
shall apply to the South Palm Canyon Redevelopment Project
Area of the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment The obligation of the Agency that
the DWA shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the
amount received by the DWA pursuant to this Agreement is
appropriate to alleviate any financial burden or detriment
caused to the DWA by the implementation of the Redevelopment
Plans.
ADOPTED this__29rd day of _ November 1983.
AYES: Memhors Doyle, Poster, Muryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALI FpRW IA
\� ////� 6
By /�/
Ass Secretary Chairman- ,—
REVIEWED & APPROVED: K Q 1.
, 276
RESOLUTION NO. 171
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE DESERT
WATER AGENCY REGARDING THE DISPOSITION OF
TAX INCREMENT REVENUE FROM THE RAMON-BOGIE
REDEVELOPMENT PROJECT AREA:
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the Ramon-Bogie Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the Ramon-Bogie
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the Desert Water Agency (hereinafter referred to as DWA) by such
redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused to the DWA by the
redevelopment activities by providing that the DWA shall receive a portion
of the tax revenues generated within the Ramon-Bogie Redevelopment Project
Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the DWA for the allocation of tax increment
from, the Ramon-Bogie Redevelopment Project Area, 'incorporating
the terms as set forth below. '
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the Ramon-Bogie Redevelopment Project Area each
year the DWA shall receive that percentage of the DWA Tax
Revenues which is levied in excess of one percent general tax
rate.
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this Agreement
shall apply to the Ramon-Bogie Redevelopment Project Area of
the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency that
the DWA shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the ,
amount received by the DWA pursuant to this Agreement is
appropriate to alleviate any financial burden or detriment
caused to the DWA by the implementation of the Redevelopment
Plans.
ADOPTED this 23rd day of November 19B3.
AYES: Members Doyle, Poster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
I CITY OF PALM SPRINGS, CALIFOJIN'A1�
By
Q7L Secretary Chairman
REVIEWED & APPROVED: Al j
RESOLUTION NO. 172 2 T ?
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE COACHELLA
VALLEY MOSQUITO ABATEMENT DISTRICT REGARDING
THE DISPOSITION OF TAX INCREMENT REVENUE FROM
THE SOUTH PALM CANYON REDEVELOPMENT PROJECT AREA.
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the South Palm Canyon Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the South Palm Canyon
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the District by such redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused to the District by
the redevelopment activities by providing that the District shall receive
a portion of the tax revenues generated within the South Palm Canyon
Redevelopment Project Area;
' NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the Coachella Valley Mosquito Abatement District
(hereinafter referred to as District) for the allocation of
tax increment from the South Palm Canyon Redevelopment Project
Area, incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the South Palm Canyon Redevelopment Project
Area each year the District shall receive a percentage of the
District Tax Revenues in the amounts specified as follows:
a. Ten percent (10%) of the District Tax Revenue for the first
five million dollars of cumulative Total Tax Increment.
b. Twenty-five percent (25%) of the District Tax Revenue for
the second five million dollars of cumulative Total Tax
Increment ($5,000,001-$10,000,000) .
c. Fifty percent (50%) of the District Tax Revenue for the
third five million dollars of cumulative Total Tax Increment
($10,000,001-$15,000,000) .
' d. Sixty percent (60%) of the District Tax Revenue for the
fourth five million dollars of cumulative Total Tax Increment
($15,000,001-$20,000,000) .
e. Seventy-five percent (75%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001-$25,000,000) .
f. One hundred percent (100%) of the District Tax Revenue
thereafter.
278
Resolution 172
Section 3. Allocation of Tax Revenues I'from Project Areas. The parties
agree that the allocation of ! tax revenues under this Agreement
shall apply to the South Palm Canyon Redevelopment Project
Area of the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency that
the District shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the
amount received by the District pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the District by the implementation of the Redevelopment
Plans.
ADOPTED this 23rd day of November _ 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM :SPRINGS, CALIFORNIA
By
Assistant Secretary liairmart
REVIEWED & APPROVED:_ �� __
eltq,I
RESOLUTION NO. 173
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE COACHELLA
VALLEY MOSQUITO ABATEMENT DISTRICT REGARDING
THE DISPOSITION OF TAX INCREMENT REVENUE FROM
THE RAMON-BOGIE REDEVELOPMENT PROJECT AREA.
' WHEREAS, the Agency propose to undertake certain redevelopment activities
in the Ramon-Bogie Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the Ramon-Bogie
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the District bysuch redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment causedby the District by
the redevelopment activities by providing that the District shall receive
a portion of the tax revenues generated within the Ramon-Bogie Redevelopment
Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the Coachella Valley Mosquito Abatement District
(hereinafter referred to as District) for the allocation of
tax increment from the Ramon-Bogie Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the Ramon-Bogie Redevelopment Project Area each
year the District shall receive a percentage of the District
Tax Revenues in the amounts specified as follows:
a. Ten percent (10%) of the District Tax Revenue for the first
five million dollars of cumulative Total Tax Increment.
b. Twenty-five percent (25%) of the District Tax Revenue for
the second five million dollars of cumulative Total Tax
Increment ($5,000,001-$10,000,000).
c. Fifty percent (50%) of the District Tax Revenue for the
third five million dollars of cumulative Total Tax Increment
($10,000,001-$15,000,000) .
d. Sixty percent (60%) of the District Tax Revenue for the
fourth five million dollars of cumulative Total Tax Increment
($15,000,001-$20,000,000).
e. Seventy-five percent (75%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001-$25,000,000).
f. One hundred percent (100%) of the District Tax Revenue
thereafter.
OResofution 173
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this Agreement
shall apply to the Ramon-Bogie Redevelopment Project Area of
the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency that
the District shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the
amount received by the District pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the District by the implementation of the Redevelopment
Plans.
ADOPTED this 91,-d day of _ November 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Chairman
Secretary
REVIEWED & APPROVED: �(
RESOLUTION NO. 174
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE PALM SPRINGS
CEMETARY DISTRICT REGARDING THE DISPOSITION OF
TAX INCREMENT REVENUE FROM THE SOUTH PALM CANYON
REDEVELOPMENT PROJECT AREA.
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the South Palm Canyon Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the South Palm Canyon
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the District bysuch redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused to the District by
the redevelopment activities by providing that the District shall receive
a portion of the tax revenues generated within the South Palm Canyon
Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the Palm Springs Cemetary District (hereinafter
referred to as District) for the allocation of tax increment
from the South Palm Canyon Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the South Palm Canyon Redevelopment Project
Area each year the District shall receive a percentage of the
District Tax Revenues in the amounts specified as follows:
a. Ten percent (10%) of the District Tax Revenue for the first
five million dollars of cumulative Total Tax Increment.
b. Twenty-five percent (25%) of the District Tax Revenue for
the second five million dollars of cumulative Total Tax
Increment ($5,000,001-$10,000,000).
c. Fifty percent (50%) of the District Tax Revenue for the
third five million dollars of cumulative Total Tax Increment
($1o,Ooo,001-$15,000,000) .
d. Sixty percent (60%) of the District Tax Revenue for the
fourth five million dollars of cumulative Total Tax Increment
($15,000,001-$20,000,000) .
e. Seventy-five percent (75%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001-$25,000,000) .
f. One hundred percent (100%) of the District Tax Revenue
thereafter.
"2'82 Resolution 174
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this Agreement
shall apply to the South Palm Canyon Redevelopment Project
Area of the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency that
the District shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the
amount received by the District pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the District by the implementation of the Redevelopment
Plans.
ADOPTED this 23rd day of _ November 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
'{tsst. Secretary Chairman
REVIEWED & APPROVED:
RESOLUTION NO. 175
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
THE COOPERATIVE AGREEMENT WITH THE PALM SPRINGS
CEMETARY DISTRICT REGARDING THE DISPOSITION OF
TAX INCREMENT REVENUE FROM THE RAMON-BOGIE
REDEVELOPMENT PROJECT AREA.
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the Ramon-Bogie Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the Ramon-Bogie
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the District bysuch redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused to the District by
the redevelopment activities by providing that the District shall receive
a portion of the tax revenues generated within the Ramon-Bogie Redevelopment
Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1. Enter Into Agreement. Direct the Agency Chairman to enter into
agreement with the Palm Springs Cemetary District (hereinafter
referred to as District) for the allocation of tax increment
from the Ramon-Bogie Redevelopment Project Area, incorporating
the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the Ramon-Bogie Redevelopment Project Area each
year the District shall receive a percentage of the District
Tax Revenues in the amounts specified as follows:
a. Ten percent (10%) of the District Tax Revenue for the first
five million dollars of cumulative Total Tax Increment.
b. Twenty-five percent (25%) of the District Tax Revenue for
the second five million dollars of cumulative Total Tax
Increment ($5,000,001-$10,000,000) .
c. Fifty percent (50%) of the District Tax Revenue for the
third five million dollars of cumulative Total Tax Increment
($10,000,001-$15,000,000) .
' d. Sixty percent (60%) of the District Tax Revenue for the
fourth five million dollars of cumulative Total Tax Increment
($15,000,001-$20,000,000) .
e. Seventy-five percent (75°%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001-$25,000,000) .
f. One hundred percent (100%) of the District Tax Revenue
thereafter.
S4 �
Resolution 175
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of 'tax revenues under this Agreement
shall apply to the Ramon-Bogie Redevelopment Project Area of
the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency that
the District shall receive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are I
allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that the
amount received by the District pursuant: to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the District by the implementation of the Redevelopment
Plans.
ADOPTED this 23rd day of November 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY (REDEVELOPMENT AGENCY
CITY OF PAILM SPRINGS, CALI¢ORNIA
By
Asst. Secretary c 'a"f liman
REVIEWED & APPROVED: e,��^
RESOLUTION NO. 176
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE COUNTY OF
RIVERSIDE REGARDING THE DISPOSITION OF TIX
INCREMENT REVENUE FROM THE SOUTH PALM CANYON
REDEVELOPMENT PROJECT AREA.
WHEREAS, the City and Agency propose to undertake certain redevelopment
activities in the South Palm Canyon Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health,
safety, and general welfare of the people of the City of Palm Springs;
and
WHEREAS, the CommunlIty Redevelopment Law authorizes redevelopment
agencies to provide that any taxing agency with territory located within
a project area , other than the community which has adopted the project,
may receive an amount of money which in the Agency's determination
is appropriate to alleviate any financial burden or detriment caused
to any taxing agency by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to
provide mutual aid and assistance in the redevelopment of the
South Palm Canyon Redevelopment Project Area and to alleviate any
financial burden or detriment caused to the County by such redevelopment
activities; and
WHEREAS, the Agency and City have found and determined that it would
be appropriate to alleviate any financial burden or detriment caused
to the County by the redevelopment activities by providing that the
County shall receive a portion of the tax revenues generated within
the South Palm Canyon Redevelopment Project Area ;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . Enter Into A2reemerit. Direct the Agency Chairman to enter
into agreement with the County of Riverside for the
allocation of tax increment from the South Palm Canyon
Redevelopment Project Area, incorporating the terms as
set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the South Palm Canyon Redevelopment
Project Area each year the County shall receive a percentage
of the County Tax Revenues in the amounts specified as
follows:
a. Thirty-five percent (35%) of the County Tax Revenue
for the first five million dollars of cumulative
Total Tax Increment.
b. Fifty percent (50%) of the County Tax Revenue for
the second five million dollars of cumulative Total
Tax Increment ($5,000,001-$10,000,000) .
c. Seventy percent (70%) ' of the County Tax Revenue for
the third five million dollars of cumulative Total
Tax Increment ($10,000,001-$15,000,000) .
d. Eighty-five percent (85%) of the County Tax Revenue
for the fourth five million dollars of cumulative
Total Tax Increment ($15,000,001-$20,000,000) .
286
Resolution 176
e. One hundred percent ( 100%) of the County Tax Revenue
thereafter.
f. The parties agree that there shall be a limitation
upon the total County Tax Revenues which shall be divided
and allocated to the Agency under this Agreement. The
County Tax Revenues shall not be divided and shall
not be allocated to the Agency in excess of $2,169,600.
Upon the Agency ,receiving $2,169,600 of County Tax
Revenues, the County shall thereinafter receive all
County Tax Revenues.
g. The parties agree that if "in any one tax year, Total
Tax Increment . Revenue is equal to or greater than
$2,250,000, the County shall in the following tax year
and thereinafter receive 100% of the County Tax Revenue
as long as the Total Tax Increment Revenue continues
to be equal to or greater than $2,250,000.
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this
Agreement shall apply to the South Palm Canyon Redevelopment
Project Area of the Redevelopment Plan commencing with
the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency
that the County shall receive payments under this Agreement
shall commence in the first fiscal year in which tax revenues
are allocated to the Agency.
Section 5. Allocation of Financial Burden, The parties agree that
the amount received by the County pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the County by the implementation of the
Redevelopment Plans.
ADOPTED this 23rd day of Novembpr_ 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
+ ATTEST: COMMUNITY REDEVELOPMENT AG NCY
CITY OF PALM fiPRINGS, ORNIA
y
ass,. Secretary eta rn:
REVIEWED 6 APPROVED: ,J4
RESOLUTION NO. 177
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE COUNTY OF
RIVERSIDE REGARDING THE DISPOSITION OF TAX
INCREMENT REVENUE FROM THE RAMON-BOGIE
REDEVELOPMENT PROJECT AREA.
- - - - - - - - - -
WHEREAS, the City and Agency propose to undertake certain redevelopment
activities in the Ramon-Bogie Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health,
safety, and general welfare of the people of the City of Palm Springs;
and
WHEREAS, the Coommugity Redevelopment Law authorizes redevelopment
agencies to provide that any taxing agency with territory located within
a project area, other than the community which has adopted the project,
may receive an amount of money which in the Agency's determination
is appropriate to alleviate any financial burden or detriment caused
to any taxing agency by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to
provide mutual aid and assistance in the redevelopment of the
Ramon-Bogie Redevelopment Project Area and to alleviate any
financial burden or detriment caused to the County by such redevelopment
activities; and
WHEREAS, the Agency and City have found and determined that it would
' be appropriate to alleviate any financial burden or detriment caused
to the County by the redevelopment activities by providing that the
County shall receive a portion of the tax revenues generated within
the Ramon-Bogie Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF 111E CITY OF PALM SPRINGS
does hereby resolve as follows:
Section 1 . Enter Into Agreenient. Direct the Agency Chairman to enter
into agreement with the County of Riverside for the
allocation of tax increment from the Ramon-Bogie
Redevelopment Project Area, incorporating the terms as
set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the Ramon-Bo lie Redevelopment
Project Area each year the County shall receive a percentage
of the County Tax Revenues in the amounts specified as
follows:
a. Thirty-five percent (35%) of the County Tax Revenue
for the first five million dollars of cumulative
Total Tax Increment.
b. Fifty percent (50%) of the County Tax Revenue for
the second five million dollars of cumulative Total
Tax Increment ($5,000,001-$10,000,000) .
c. Seventy percent (70%) of the County Tax Revenue for
the third five million dollars of cumulative Total
Tax Increment ($10,000,001-$15,000,000) .
d. Eighty-five percent (85%) of the County Tax Revenue
for the fourth five million dollars of cumulative
Total Tax Increment ($15,000,001-$20,000,000).
Resolution 177
e, One hundred percent (100%) of the County Tax Revenue
thereafter.
f. The parties agree that there shall be a limitation
upon the total County Tax Revenues which shall be divided
and allocated to the Agency under this Agreement. The
County Tax Revenues shall not be divided and shall
not be allocated to the Agency in excess of $2,169,600.
Upon the Agency receiving $2,169,600 of County 'fax
Revenues, the County shall thereinafter receive all
County Tax Revenues.
g. The parties agree that if 'In any one tax year, Total
Tax Increment Revenue is equal to or greater than
$2,250,000, the County shall in the following tax year
and thereinafter receive 100% of the County Tax Revenue
as long as the Total Tax Increment Revenue continues
to be equal to or greater than $2,250,000.
Section 3. Allocation of Tax Revenues from Project Areas. The parties
agree that the allocation of tax revenues under this
Agreement shall apply to the Ramon-Bogie Redevelopment
Project Area of the Redevelopment Plain commencing with
the Base Year.
Section 4. Commencement of Payment. The obligation of the Agency
That the County shall receive payments under this Agreement
shall commence in the first fiscal year in which tax revenues
are allocated to the Agency.
Section 5. Allocation of Financial Burden. The parties agree that
the amount received by the County pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the County by the implementation of the
Redevelopment Plans.
ADOPTED this �g day of November _ 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT:None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CA IFORNIA
By
iaj � z
Asst. Secretary Chairman'
REVIEWED 3 APPROVED: C/
�F39
AGENCY RESOLUTION NO. 178
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS CERTIFYING THE COMPLETION OF
A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH PALM CANYON REDEVELOPMENT PROJECT .
WHEREAS , an environmental impact report ( the "EIR") on
the Redevelopment Plan (the "Redevelopment Plan") for the
South Palm Canyon Redevelopment Project ( the "Project" ) was
prepared by the Redevelopment Agency of the City of
Palm Springs (the "Agency" ) pursuant to the California
Environmental Quality Act (Public Resources Code Sec-
tion 21000 et seq. ) , the Guidelines for Implementation of
the California Environmental Quality Act (14 Cal.Adm. Code
Section 15000 et seq. , hereafter the "State EIR Guide-
lines" ) and procedures adopted by the Agency relating
environmental evaluation of public and private projects; and
WHEREAS , on September 17,1983, the Agency filed a Notice
of Completion and thereafter forwarded the Draft EIR to the
State Clearinghouse for distribution to those agencies
which have jurisdiction by law with respect to the Project .
' and to other other interested persons and agencies, and
sought the comments of such persons and agencies; and
WHEREAS , onSeptember 17,1983,a Notice of Completion was
filed and the Draft EIR was forwarded to other interested
persons and agencies, and the comments of such persons and
agencies were sought; and
WHEREAS , notice to all interested persons and agencies
inviting comments on the Draft EIR for the Redevelopment
Plan was published in the Desert Sun on September 17, 1983; and
WHEREAS , the Draft EIR was thereafter revised and
supplemented to adopt changes suggested, to incorporate
comments received, and responses to said comments, and as
so revised and supplemented, a Final EIR has been submitted
to the City Council of the City of Palm Springs as a part
of the Report of the Agency accompanying the Redevelopment
Plan; and
WHEREAS, a joint public hearing was held by the Agency
and the City Council on November 23, 1983, on the Redevelopment
Plan and the Final EIR relating thereto, following notice
duly and regularly given as required by law, and all
interested persons expressing a desire to comment thereon
or object thereto having been heard, and said Final EIR and
all comments and responses thereto having been considered ;
and
�k711 Resolution 178
sk
WHEREAS, the Final EIR consists of the Draft EIR, as
revised and supplemented, made a part of the Agency's
Report on the Redevelopment Plan, incorporating all com-
ments received and the response of the Agency and the City
Council thereto as of the date hereof;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS DOES RESOLVE AS FOLLOWS:
Section 1. The Agency hereby certifies that the Final
Environmental Impact Report for the South Palm Canyon Rede-
velopment Project has been 'Completed in compliance with the
California Environmental Quality Act and State EIR Guide-
lines and local procedures adopted by the Agency as the
lead agency, and that the Agency has reviewed and consi-
dered the information contained in the Final Environmental
Impact Report.
Section 2. The Agency has evaluated all comments
written and oral, received from persons who have reviewed
the Draft EIR.
Section 3. The Agency hereby makes the written find-
ings set forth in Exhibit A, attached hereto and incor-
porated by reference herein, for each of the significant
effects set forth in said Exhibit A, and further approves
the statement of facts set forth in said Exhibit A. Based
on such findings and statement of facts, the Agency hereby
finds that significant environmental effects have been
reduced to an acceptable level in that all significant
environmental effects have been eliminated or substantially
lessened except for the following: increases in each of
electricity usage, water and energy consumption, air pollution,
noise and cultural/historical resources. Based on the foregoing, the
Agency finds and determines that the Project will have a
significant effect upon the environment.
Section 4. As to each of the significant environ-
mental effects which are not eliminated or substantially
lessened identified in Section 3 of this resolution, the
Agency hereby adopts the following statement of overriding
considerations. The Agency hereby finds that, based on the
findings and statement of facts set forth in Exhibit A, and
based on the Final EIR and/or other information contained
in the record, its action to approve and carry out the
Project is supported for the following reasons: ,
a. The Project will eliminate and prevent the spread
of blight, including the elimination of deteriorated,
unsafe or substandard structures; provide public improve-
ments and facilities needed to implement development of the
added areas; provide additional employment opportunities;
and provide for the expansion and improvement: of the supply
of housing for low- and moderate-income ,persons.
Resolution 178 291
b. The Project will promote the assembly of land
into parcels suitable for modern, integrated development,
and promote the development of improperly utilized areas.
C . The Project will strengthen retail and other
' commercial functions in the area , and strengthen the econo-
mic base of the Project Area and the community by assisting
in the development of a new hotel .
d . The Project will provide adequate land for park-
ing , open space and the widening of Highway 111.
Section 5. In the event that it is determined that
the significant effects identified in Section 3 as being
eliminated or substantially lessened are not mitigated or
substantially lessened, the Agency hereby finds that, based
on the Final EIR and/or other information contained in the
record , its action to approve and carry out the Project is
supported for the reasons specified in subparagraphs a, b,
c and d of Section 4 of this resolution.
Section 6. Upon approval and adoption of the Rede-
velopment Plan by the City Council, the Secretary of the
Agency is hereby directed to file a Notice of Determination
with the County Clerk of Riverside County and the Secretary
Of the Resources Agency pursuant to the provisions of Sec-
tion 21152 of the Public Resources Code and the State CEQA
Guidelines adopted pursuant thereto.
ADOPTED this 23rd day of November 1983.
AYES : Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES : None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS, CALIFORNIA-7
/Asst. Secretary Chairman
' REVIEWED AND APPROVED
Resolution 178 CRA RESOLUTION
EXNIDIT A
FINDINGS DN',SIGNIFICANT EFFECTS
Description o[ significant effect
1. Development; in the project area will result in additiional mobile
and stationery air pollution emissions.
The Redevelopment Agency finds that as to such significant effect identified
above:
X ] Changes or alterations have been required in, or
incorporated into, the project" which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1. The project area is presently served by Sunline Transit
buses. Sun IIne Transit periodically makes changes
In their routes to meet new demands.
The City and Agency will encourage new hotels to include
airport shuttle service to their developments.
These findings are supported by substantial evidence In the record of the
proceedings before the Redevelopment Agency.
2. Development of the project area will result in additional
traffic-generated noise.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated intop the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ l Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X) Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR. ,
The facts supporting such findings are as follows:
1. Adequate noise isolation measures in residential
construction and the existing site plan review will
assist in mitigating noise related impacts in residential
areas.
2. The Agency will use best efforts to extend its ability
to request certain design consideration when it
negotiates agreements:with future developers for projects
which may be incompatible with existing noise levels.
29'3
Resolution 178
3. The areas of primary traffic and therefore noise impact
are primarily non-residential therefore minimizing
deleterious environmental impacts.
4. However, increased noise levels represent an unavoidable
Impact of growth in traffic volumes.
Chese findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
3. Development of the project area will result in increased water
and energy consumption.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X) Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making • the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X1 Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The City is presently in the process of final adoption
of an Enesrgy Element.
2. The Desert Water Agency has implemented rules regulating
water conservation including a mechanism for fining
violators.
3. Increased water and energy rise represents a cumulative
and adverse impact on natural resources.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
1.
The City Council finds that the Project will have no other significant
effects on the environment apart from these identified in this Exhibit
A and the Resolution of which Exhibit A is a part. That finding is
supported by substantial evidence in the record of the proceedings
before the City Council .
29A
RESOLUTION 110. 179
RESOLUTION QF THE REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS FINDING THAT
THE USE OF TAXES ALLOCATED FROM THE
SOUTH PALM CANYON REDEVELOPMENT PROJECT
FOR THE PURPOSE OF IMPROVING AND
I14CREASNG THE COMMUNITY'S SUPPLY OF LOW-
AND MODERATE-INCOME HOUSING OUTSIDE THE
PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT
WHEREAS, the RedevelopmenCAgency of the City of Palm
Springs ( the "Agency") has prepared a proposed Redevelopment
Plan ( the "Redevelopment Plan") for the South Palm Canyon
Redevelopment Project (the "Project") which would result
in the allocation of taxes from the Project Area to the
Agency for purposes of redevelopment; and
WHEREAS, Section 333,34 . 2 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
seq. ) requires that not less than 20 percent of all taxes
so allocated be used by the Agency for ithe purpose of
improving and increasing the community supply of low- and
moderate-income housing available to affordable housing
cost; and
WHEREAS, Section 33334 , 2 (g) of the Health and Safety
Code provides that the Agency may use such funds outside
the Project Area' if a finding is made by resolution of the
Agency and the City Council that such use will be of
benefit to the Projects
NOW, THEREFORE, THE REUEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS DOES HEREBY FIND AND RESOLVE that the use of taxes
allocated from the Project for the purpose of improving
and increasing the community's supply of low- and moderate-
income housing available at affordable cost outside the
Project Area and within the City of Psalm Springs will be
of benefit to the Project.
ADOPTED this 9-A cL_da.Y Of November 1983.
AYESI. Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES'
ABSENT: COMMUNITY REDEVELOPMENT AGENCY OF THE
ATTEST: CITY OF PALM SPRINGS , CALIFOfjNiA
By
Asst.Secretary Chairman
REVIEWED AND APPROVED ����� � ,�_
AGENCY RESOLUTION NO. 180
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS CERTIFYING THE COMPLETION OF
A FINAL ENVIRONMENTAL IHPACT REPORT FOR THE
RAMON-BOGIE REDEVELOPMENT PROJECT
WHEREAS , an environmental impact report ( the "EIR") on
the Redevelopment Plan (the "Redevelopment Plan") for the
Ramon-Bogie Redevelopment Project ( the "Project") was
prepared by the Redevelopment Agency of the City of
Palm Springs ( the "Agency" ) pursuant to the California
Environmental Quality Act (Public Resources Code Sec-
tion 21000 et seq. ) , the Guidelines for Implementation of
the California Environmental Quality Act (14 Cal .Adm. Code
Section 15000 et sere . , hereafter the "State EIR Guide-
lines" ) and procedures adopted by the Agency relating
environmental evaluation of public and private projects; and
WHEREAS , on September 17, 1983, the Agency filed a Notice
of Completion and thereafter forwarded the Draft EIR to the
State Clearinghouse for distribution to those agencies
which have jurisdiction by law with respect to the Project
' and to other other interested persons and agencies , and
sought the comments of such persons and agencies; and
WHEREAS, on September 17,1983tsa Notice of Completion was
filed and the Draft EIR was forwarded to other interested
persons and agencies, and the comments of such persons and
agencies were sought; and
WHEREAS , notice to all interested persons and agencies
inviting comments on the Draft EIR for the Redevelopment
Plan was published in the Desert Sun on September 17, 1983; and
WHEREAS , the Draft EIR was thereafter revised and
supplemented to adopt changes suggested , to incorporate
comments received, and responses to said comments, and as
so revised and supplemented, a Final EIR has been submitted
to the City Council of the City of Palm Springs as a part
of the Report of the Agency accompanying the Redevelopment
Plan; and
WHEREAS, a joint public hearing was held by the Agency
and the City Council on November 23, 1983,on the Redevelopment
Plan and the Final EIR relating thereto, following notice
duly and regularly given as required by law, and all
interested persons expressing a desire to comment thereon
or object thereto having been heard, and said Final EIR and
all comments and responses thereto having been considered;
and
Resolution 180
`w. WHEREAS, the Final EIR consists of the Draft. EIR, as
revised and supplemented, made a part of the Agency's
Report on the Redevelopment Plan, incorporating all com-
ments received and the response of the Agency and the City
Council thereto as of the date hereof;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS DOES RESOLVE AS FOLLOWS:
Section 1. The Agency hereby certifies that the Final
Environmental Impact Report for the Ramon-Bogie Rede-
velopment Project has been completed in compliance with the
California Environmental Quality Act and State! EIR Guide-
lines and local procedures adopted by the Agency as the
lead agency, and that the Agency has reviewed and consi-
dered the :information contained in the Final Environmental
Impact Report.
Section 2. The Agency has evaluated all comments
written and oral, received from persons who have reviewed
the Draft EIR.
Section 3. The Agency hereby makes the written find-
ings set forth in Exhibit A, attached hereto and incor-
porated by reference herein, for each of the significant
effects set forth in said Exhibit A, and further approves
the statement of facts set forth in said Exhibit A. Based
on such findings and statement of facts, the Agency hereby
finds that significant environmental effects have been
reduced to an acceptable level in that all significant
environmental effects have been eliminated or substantially
lessened except for the following: increases in each of
electricity usage, water and energy consumption, traffic
volumes,air pollution noise, and employment. Based Nmi the foregoing, the
Agency finds and determines that the Project will have a
significant effect upon the environment.
Section 4. As to each of the significant environ-
mental effects which are not eliminated or substantially
lessened identified in Section 3 of this resolution, the
Agency hereby adopts the following statement of overriding
considerations. The Agency hereby finds that, based on the
findings and statement of facts set forth in Exhibit A, and
based on the Final EIR and/or other information contained
in the record, its action to approve and carry out the
Project is supported for the following reasonse
a. The Project will eliminate and prevent the spread
of blight, including the elimination of deteriorated,
unsafe or substandard structures; provide public improve-
ments and facilities needed to implement development of the
added areas; provide additional employment opportunities;
and provide for the expansion and 'improvement of the supply
of housing for low- and moderate-income persons.
Resolution 180
The facts supporting such findings are as follows: 2 1 !
1 . Development in the project will be within General Plan.
densities.
2. The major part of the new demand will be satisfied
through the development of the street system as
identified in the General Plan.
Additional traffic studies are recommended to determine
specific improvement needs adjacent to specific sites.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
3. Development in the project area will result in additiional mobile
and stationery air pollution emissions.
a,
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X :] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The project area is presently served by Sunline fransit
buses. Sunline Transit periodically makes changes
in their routes to meet new demands.
2. The City and Agency will encourage alternative transportation
forms at the new industrial developments.
These findings are supported by substantial evidence in the record
of the proceedings before the
4. Development of the project area will result in additional
traffic-generated noise.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ '] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
Resolution 180
2,9 S The facts supporting such findings are as follows:
1 . Adequate noise isolation measures in residential
construction and the existing site plan review will
assist in mitigating noise related impacts in residential
areas.
2. The Agency will use best efforts to extend its ability
to request certain design consideration when it
negotiates agreements with future developers for projects
which may be incompatible with existing noise levels.
3. The areas of primary traffic and therefore noise impact
are primarily non-residential therefore minimizing
deleterious environmental impacts.
4. However, increased noise levels represent an unavoidable
impact of growth in traffic volumes.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
5. Development of the project area will result in increased water
and energy consumption.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations ', have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making • the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ X] Specific economic , social or other considerations make
infeasible the mitigation measures or prrtrject alternatives
identified in the Final EBR.
The facts supporting such findings are as follows:
1 . The City is presently' in the process of final adoption
of an Energy Element.
2. The Desert Water Agency has implemented rules regulating
water conservation including a mechanism for fining
violators.
3. Increased water and energy rise represents a cumulative
and adverse impact on natural resources.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
The City Council finds that the Project will have no other significant
effects on the environment apart from these identified in this Exhibit
A and the Resolution of which Exhibit A is a part. That finding is
supported by substantial evidence in the record of the proceedings
before the City Council .
CRA RESOLUTION 180
EXHIBIT A
FINDINGS ON SIGNIFICANT EFFECTS
Description of significant effect
1 . Increased demand for housing from increased employment resulting
from development in project area.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X] Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental d'ffects thereof as identified
in the Final EIR.
[ ] Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency.
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
The facts supporting such findings are as follows:
1 . The Agency is required by law to set aside 20% of its
annual tax increment revenues for addition or improvement
of low and moderate income supply.
2. Most employment is expected to derive from existing
regional labor force, which is now experiencing a 14%
unemployment rate and substantial underemployment.
3. Normal growth rate of approximately 5%/year will provide
substantial additional labor force.
These findings are supported by substantial evidence in the record of the
proceedings before the Redevelopment Agency.
2 Development of the project area will create substantial increases
in traffic within the project area.
The Redevelopment Agency finds that as to such significant effect identified
above:
[ X.1 Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the Final EIR.
[ ) Such changes or alterations are"within the responsibility
and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such
other agency
[ ] Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR.
Resolution 180
b. The Project willlpromote the assembly of land
into parcels suitable for modern, integrated development,
and promote the development of improperly utilized areas.
C . The Project will strengthen retail and other
commercial functions in the area , and :strengthen the econo-
mic base of the Project Area and the community by assisting
in the development of an autc sales center and additional light
industrial and commercial development.
d . The Project will provide adequate land for park-
ing and open space .
Section 5. In the event that :it is determined that
the significant effects identified in Section 3 as being
eliminated or substantially lessened are not mitigated or
substantially lessened, the Agency hereby finds that, based
on the Final EIR and/or other information contained in the
record , its action to approve and carry out the Project is
supported for the reasons specified in subparagraphs a , b,
c and d of Section 4 of this resolution.
Section 6 . Upon approval and adoption of the Rede-
velopment Plan by the City Council, the Secretary of the
Agency is hereby directed to file a Notice! of Determination
with the County Clerk of Riverside County and the Secretary
of the Resources Agency pursuant to the provisions of Sec-
tion 21152 of the Public Resources Code and the State CEQA
Guidelines adopted pursuant thereto.
ADOPTED -this 23rd day of N v mber 1983.
AYES : Members Doyle, Maryanov, Smith and Chairman Bogert
NOES : None
ABSENT: None
ABSTAIN: Member Foster
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS, CALIFORNIA)
Asst. SeCreChairman
ROVED
REVIEWED AND APP _
30l
RESOLUTION NO. 181
RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS FINDING THAT
THE USE OF TAXES ALLOCATED FROM THE
RAMON-BOGIE REDEVELOPMENT PROJECT
FOR THE PURPOSE OF IMPROVING AND
INCREASNG THE COMMUNITY`S SUPPLY OF LOW-
AND MODERATE-INCOME HOUSING OUTSIDE THE
PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT
WHEREAS, the RedevelopmenCAgency of the City of Palm
Springs (the "Agency") has prepared a proposed Redevelopment
Plan ( the "Redevelopment Plan") for the Ramon-Bogie
Redevelopment Project (the "Project") which would result
in the allocation of taxes from the Project Area to the
Agency for purposes of redevelopment; and
WHEREAS, Section 33334 . 2 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
sue. ) requires that not less than 20 percent of all taxes
so allocated be used by the Agency for the purpose of
improving and increasing the community supply of low- and
moderate-income housing available to affordable housing
cosh and
WHEREAS, Section 33334 , 2 (g) of the Health and Safety
Code provides that the Agency may use such funds outside
the Project Area if a finding is made by resolution of the
Agency and the City Council that such use will be of
benefit to the Project;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS DOES HEREBY FIND AND, RESOLVE that the use of taxes
allocated from the Project for the purpose of improving
and increasing the community ' s supply of low- and moderate-
income housing available at affordable cost outside the
Project Area and within the City of Palm Springs will be
of benefit to the Project.
ADOPTED this 23rd day of November ^1983.
AYES:, Members Doyle, Maryanov, Smith and Chairman Bogert
HUES: None
ABSENT: None ABSTAIN: Member Foster COMMUNITY REDEVELOPMENT AGENCY OF THE
ATTEST: :Chairman
F PALM SPRINGS , C L1F RNIA
By- �.
Ass . Secretary
REVIEWED AND APPROVED
302
RESOLUTION NO. 181-A
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $8,250,000 PRINCIPAL AMOUNT OF' COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
TAX ALLOCATION BONDS, 1984 SERIES A
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the
"Agency") is a redevelopment agency, a public body, corporate and politic, duly
created, established and authorized to transact business and: exercise powers under
and pursuant to the provisions of the Community Redevelopment Law of the State of
California, including the power to issue bonds for any of its corporate purposes;
WHEREAS, a Redevelopment Plan for the Centred Business District
Redevelopment Project (the "Project"), in the City of Palm Springs, California, has
been adopted in compliance with all requirements of law; and
WHEREAS, the Agency has determined to issue bonds to aid in the financing of
the Project as in this Resolution provided;
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, as follows:
303
ARTICLE I
AUTHORIZATION OF BONDS; DEFINITIONS
Section 1.01. Authorization. The Agency has reviewed all proceedings
heretofore taken and has found, as a result of such review, and hereby finds and
determines, that all things, conditions and acts required by law to exist, happen
or be performed precedent to and in connection with the issuance of the Bonds do
exist, have happened and have been performed in due time, form and manner as
required by law, and the Agency is now duly empowered, pursuant to each and every
requirement of law, to issue the Bonds in the manner and form provided in this
Resolution.
Section 1.02. Definitions. Unless the context otherwise requires, the
terms defined in this Section 1.02 shall , for all purposes of this Resolution, of
any resolution supplemental hereto, and of any certificate, opinion or other
document herein mentioned, have the meanings herein specified.
Agency
"Agency" means the Community Redevelopment Agency of the City of Palm
Springs, a public body, corporate and politic, established under the Law.
Annual Debt Service, Maximum Annual Debt Service
"Annual Debt Service" means, for each Fiscal Year, the sum of (1) the
interest payable on the Outstanding Bonds in such Fiscal Year, assuming that the
Outstanding Serial Bonds are retired as scheduled and that the Outstanding Term
Bonds are .redeemed from sinking account payments as scheduled, (2) the principal
amount of the Outstanding Serial Bonds payable by their terms in such Fiscal Year,
and (3) the principal amount of the Outstanding Term Bonds scheduled to be paid or
called and redeemed from sinking account payments in such Fiscal Year, excluding
the redemption premiums, if any, thereon.
"Maximum Annual Debt Service" means the largest Annual Debt Service during
the period from the date of the Bonds through the final maturity date of any
Outstanding Bonds.
Articles, Sections
All references herein to "Articles," "Sections" and other subdivisions are
to the corresponding Articles, Sections or subdivisions of this Resolution, and the
words "herein," "hereof," "hereunder" and other words of similar import refer to
this Resolution as a whole and not to any particular Article, Section or
subdivision hereof.
Bonds Additional Bonds, Serial Bonds, Term Bonds
"Bonds" means the Community Redevelopment Agency of the City of Palm Springs
Central Business District Redevelopment Project Tax Allocation Bonds, 1984 Series A
and, to the extent required by any Supplemental Resolution, any Additional Bonds
2
3 0:1
authorized by, and at any time outstanding pursuant to, . this Resolution or any
Supplemental Resolution.
"Additional Bonds" means Bonds of the Agency issued in accordance with
Section 3.05.
"S'erial Bonds" means Bonds for which no sinking account payments are
provided.
"Term Bonds" means Bonds which are payable on or before their specified
maturity dates from sinking account payments established for that purpose and
calculated to retire such Bonds on or before their specified maturity dates.
Chairman
"Chairman" means the chairman of the Agency appointed pursuant to Section
33113 of the Health and Safety Code of the State of California, or other duly
appointed officer of the Agency authorized by the Agency by resolution or By-law to
perform the functions of the chairman in the event of the chairman' s absence or
disqualification.
Federal Securities
"Federal Securities" means United States Treasury notes, bonds, bills or
certificates of indebtedness or other obligations for which the faith and credit of
the United States are pledged for the payment of principal and interest, including
United States Treasury (book entry) certificates, notes and bonds, state and local
government series; obligations issued by banks for cooperatives, federal land
banks, federal intermediate credit banks, federal home loan banks, the Federal Home
Loan Bank Board, the Tennessee Valley Authority, or obligations, participations, or
other instruments of or issued by, or fully guaranteed as to principal and interest
by, the Federal National Mortgage Association; or participation certificates
evi encing beneficial interests in obligations, or in the right to receive interest
and principal collections therefrom, which obligations have been subjected by one
or more government agencies to a trust or trusts for which any executive
department, agency or instrumentality of the United States (or the head thereof)
has been named to act as 'Fiscal agent, all as and to -the extent that the Agency
determines such securities to be eligible for the legal investment of the funds
proposed-to be invested therein.
Financial Newspaper
"Financial Newspaper" means The Wall Street Journal or The Bond Buyer or
any other newspaper or journal printed in the English language publishing financial
news, circulated in Los Angeles, California, and in the same or similar newspaper
or journal of general circulation in New York, New York, and selected by the Fiscal
Agent, whose decision shall be final and conclusive.
Fiscal Agent
3
"Fiscal Agent" means the Fiscal Agent appointed by the Agency, its
successors and assigns, and any other corporation or association which may at any
time be substituted in its place, as provided in Section 6.01.
Fiscal Year
"Fiscal Year" means any twelve-month period extending from July 1 in one
calendar year to June 30 of the succeeding calendar year, both inclusive, or any
other twelve-month period hereafter selected and designated by the Agency as its
official fiscal year period.
Independent Certified Public Accountant
"Independent Certified Public Accountant" means any accountant or firm of
such accountants duly licensed or registered or entitled to practice and practicing
as such under the laws of the State of California, appointed by the Agency, and who,
or each of whom:
(1) is in fact independent and not under domination of the Agency;
(2) does not have any substantial interest, direct or indirect, with the
Agency; and
(3) is not connected with the Agency as an officer or employee of the
Agency, but who may be regularly retained to make reports to the
Agency.
Independent Financial Consultant
"Independent Financial Consultant" means any financial consultant or firm
of such consultants appointed by the Agency, and who, or each of whom:
(1) is in fact independent and not—under domination of the Agency;
' (2) does not have any substantial interest, direct or indirect, with the
Agency; and
(3) is not connected with the Agency as an officer of employee-of the
Agency, but who may be regularly retained to make reports to the
Agency.
Independent Real Estate Consultant
"Independent Real Estate Consultant" means any real estate consultant or
firm of such consultants appointed by the Agency, and who, or each of whom:
(1) is in fact independent and not under domination of the Agency;
(2) does not have any substantial interest, direct or indirect, with the
Agency; and
4
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(3) is not connected with the Agency as an officer or employee of the
Agency, but who may be regularly retained to make reports to the
Agency.
Interest Payment Date
"Interest Payment Date" means each of the dates specified in Section 2.02 on
which interest is due and payable on the Bonds.
Law
"Law" means the Community Redevelopment Law of the State of California,
constituting Part 1 of Division 24 of the Wealth and Safety Code of the State of
California, and the acts amendatory thereof and supplemental thereto.
Riverside County Assessor
"Riverside County Assessor" means the person who holds the office designated
Riverside County Assessor from time to time, or one of his duly appointed deputies,
or any person or persons performing substantially the same duties in the event said
office is ever abolished or changed.
Riverside County Auditor-Controller
"Riverside County Auditor-Controller" means the person who holds the office
designated Riverside County Audi tor-Control 1 er from time 'to time, or one of his
duly appointed deputies, or any person or persons performing substantially the same
duties in the event said office is ever abolished or changed.
Outstanding
"Outstanding," when used as 'of any particular time with reference to Bonds,
means (subject to the provisions of Section 7.03) all Bonds except: '
(1) Bonds theretofore cancel'led by the Fiscal Agent or surrendered to the
Fiscal Agent for cancellation;
(2) Bonds paid or deemed-to have been paid within the meaning of Section
9.03; and
(3) Bonds in lieu of or in substitution for which other Bonds shall have
_ been authorized, executed, issued and delivesred by he"Agency-pursuant
to the Resolution or any Supplemental Resolution.
Owner, Bond Owner
"Owner" or "Bond Owner" means any person who shall be the person in whose
name any Outstanding Bond shall be registered.
Participation Agreement
5
13U7
"Participation Agreement" means the Participation Agreement dated November
8, 1983 between the Agency and North Plaza Association and South Plaza Associates,
each a California general partnership.
Project, Redevelopment Project
"Project" or "Redevelopment Project" means the undertaking of the Agency
pursuant to the Redevelopment Plan and the Law for the redevelopment of the Project
Area.
Project Area
"Project Area" means the project area described in the Redevelopment Plan.
Redevelopment Plan
"Redevelopment Plan" means the Redevelopment Plan for the Central Business
District Redevelopment Project, approved by Ordinance No. 952 , enacted by the City
Council of the City of Palm Springs on July 11 1973, together with any
amendments thereof heretofore or hereafter duly authorized pursuant to the Law.
Regular Record Date
"Regular Record Date" means the close of business on the fifteenth day of
the month preceding each Interest Payment Date, whether or not such fifteenth day
is a business day.
Report
"Report" means a document in writing signed by an Independent Financial
Consultant or an Independent Real Estate Consultant and including:
(1) a statement that the person or firm making or giving such Report has—
read the pertinent provisions of this Resolution to which such Report
relates;
(2) a brief statement as to the nature and scope of the examination or
investigation upon which the Report is based;
(3) a statement that, in the opinion of such person or firm, sufficient
examination or investigation was made as is necessary to enable said
consultant to express an informed opinion with respect to the subject
matter referred to in the Report.
Resolution
"Resolution" means this Resolution, adopted by the Agency under the Law, as
originally adopted or as it may be amended or supplemented by any Supplemental
Resolution adopted pursuant to the provisions hereof.
6
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Supplemental Resolution
"Supplemental Resolution" or "supplemental resolution" means any resolution
then in full force and effect which has been duly adopted by the Agency under the
Law, or any act supplementary thereto or amendatory thereof, at a meeting of the
Agency duly convened and held, at which a quorum was present and acted thereon,
amendatory of or supplemental to this Resolution; but only if and to the extent
that such Supplemental Resolution is specifically authorized hereunder.
Tax Revenues
"Tax Revenues" means all taxes annually allocated to the Agency, and paid
into the Special Fund of the Agency pursuant to Article 6 of Chapter 6 (commencing
with Section 33670) of the Law and Section 16 of Article XV11 of the Constitution of
the State of California, and as provided in the Redevelopment Plan, including all
payments and reimbursements, if any, to the Agency specifically attributable to ad
valorem taxes lost by reason of tax exemptions and tax rate limitations.
Written Request of the Agency• Written Certificate of the Agency
"Written Request of the Agency" or "Written Certificate of the Agency" means
a request or certificate, in writing signed by the Chairman or by any other officer
of the Agency duly authorized by the Agency for that purpose and by the Secretary,
with the seal of the Agency affixed.
Section 1.03. Equal Security. In, consideration of the acceptance of the
Bonds by those who shall hold the same from time to time, this Resolution shall be
deemed to be and shall constitute a contract between the Agency and the Owners from
time to time of the Bonds and Additional Bonds, and the covenants and agreements
herein set forth to be performed on behalf of the Agency, shall be for the equal and
proportionate benefit, security and protection of all Owners of the Bonds and
Additional Bonds without preference, priority or distinction as to security or
otherwise of any of the Bonds and Additional Bonds over any of the others by reason
of the number or date thereof or the time of sale, execution and delivery thereof,
or otherwise for any cause whatsoever, except as expressly provided therein or
herein.
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ARTICLE II
THE BONDS
Section 2.01. Authorization. Bonds in the aggregate principal amount of
not to exceed Eight Million Two Hundred Fifth Thousand Dollars ($8,250,000) are
hereby authorized to be issued by the Agency under and subject to the terms of this
Resolution and the Constitution and laws of the State of California. This
Resolution constitutes a continuing agreement with the Owners of all of the Bonds
issued or to be issued hereunder and then Outstanding to secure the full and final
payment of principal and premiums, if any, and the interest on all Bonds which may
from time to time be executed and delivered hereunder, subject to the covenants,
agreements, provisions and conditions herein contained. The Bonds shall be
designated the "Community Redevelopment Agency of the City of Palm Springs Central
Business District Redevelopment Project Tax Allocation Bonds, 1984 Series A." The
Bonds may be issued in such series as from time to time shall be established and
authorized by the Agency, subject to the provisions and conditions herein
contained.
Section 2.02. Terms of Bonds. The Bonds shall be issued in fully
registered form in denominations of $5,000 and any integral multiple thereof. The
Bonds shall be substantially in the form hereinafter set forth.
The Bonds shall mature and become payable on February 1 in each year, as
follows:
Year Principal Amount Year Principal Amount
1984 $200,000 1994 $365,000
1985 150,000 1995 405,000
1986 165,000 1996 450,000
1987 185,000 1997 495,000
' 1988 200,100 1998 141,100
1989 225,000 1999 605,000
1990 245,000 2000 665,000
1991 270,000 2001 735,000
1992 300,000 2002 815,000
1993 330,000 2003 900,000
The Bonds shall bear interest at the rates designated by the Agency at the
time of the sale of the Bonds, but not to exceed twelve percent (12%) per annum,
payable on August 1, 1984, and thereafter semiannually on February 1 and August 1
in each year. Interest on any Bond shall be paid to the person whose name appears
on the bond registration books of the Fiscal Agent as the Owner thereof, such
interest to be paid by check or draft mailed to the Owner at his address as it
appears on such registration books or at such address as he may have filed with the
Fiscal Agent for that purpose. Both the principal of and interest on the Bonds
shall be payable in lawful money of the United States of America at the principal
corporate trust office of the Fiscal Agent in Los Angeles, California.
8
:310
Each Bond shall be dated as of the date of its authentication and shall bear
interest from the Interest Payment Date next preceding the date thereof, unless (i )
it is dated as of an Interest Payment Date, in which event it shall bear interest
from the date thereof; or ('ii) unless it is dated after a Regular Record Date and
before the following Interest Payment Date; in which event it shall bear interest
from such Interest Payment Date; or (iii )' unless it is dated prior to August 1,
1984, in which event it shall bear interest from February 1, 1984; provided,
however, that if, as of the date of any Bond, interest is in default on Outstanding
Bonds, such Bond shall bear interest from the Interest Payment Date to which '
interest has previously been paid or made available for payment on the Outstanding
Bonds. Payment of the interest on any Bond shall be made to the person whose name
appears on the Bond registration books of the Fiscal Agent as the registered owner
thereof as of the Regular Record Date immediately preceding each Interest Payment
Date, such interest to be paid by check or draft mailed to the registered owner at
his address as it appears on such registration books or at !such address as he may
have filed with the Fiscal Agent for that purpose.
Section 2.03. Redemption.
(a) Optional Redemption. Bonds maturing on or before February 1, 1994,
shall not be subject to redemption before their stated maturity. Bonds maturing by
their terms on or after February 1, 1995, are subject to redemption in whole, or in
part in inverse order of maturity and by lot within a maturity, at the option of the
Agency, on any February 1 or August 1 on or after February 1 , 1994, from any
available source of funds, at a redemption price equal to the principal amount
thereof to be redeemed together with accrued interest thereon to the redemption
date, plus a premium (expressed as a percentage of the principal amount of Bonds to
be redeemed) as follows:
Redemption Dates Redemption
(Dates Inclusive _ Premium
(b) Additional Bonds. Any Additional Bonds issued pursuant to Section
3.05 of this Resolution may be made subject to redemption prior to maturity, as a
whole or in part, at such time or times, and upon payment of the principal amount
thereof and accrued interest thereon plus such premium or premiums, if any, as may
be determined by the Agency in the Supplemental Resolution providing for the
issuance thereof. Such Supplemental Resolution shall provide that in the event
that some but less than all of the Bonds and of said Additional Bonds Outstanding
issued pursuant to Section 3.05 of this Resolution are to be redeemed at any one
time, such Additional Bonds redeemed shall be in the proportion that the principal
amount of Outstanding Additional Bonds bears to the total principal amount of all
the then Outstanding Bonds and Additional Bonds.
(c) Notice of Redemption. The Fiscal Agent on behalf and at the
expense of the Agency shall mail notice of any redemption to the respective owners
of any Bonds designated for redemption, at least thirty but not more than sixty
9
r 311
days prior to the redemption date, at their addresses appearing on the Bond
registration books in the office of the Fiscal Agent; but such mailing shall not be
a condition precedent to such redemption and failure to mail or to receive any such
notice shall not affect the validity of the proceedings for the redemption of such
Bonds. Such notice shall state the redemption date and the redemption price and,
if less than all of the then Outstanding Bonds are to be called for redemption,
shall designate the numbers of the Bonds to be redeemed by giving the individual
number of each Bond or by stating that all Bonds between two stated numbers, both
inclusive, or by stating that all of the Bonds of one or more maturities have been
called for redemption, and shall require that such Bonds be then surrendered, at
the option of the respective Owners thereof, at the office of the Fiscal Agent for
redemption at the said redemption price, giving notice also that further interest
on such Bonds will not accrue after the redemption date.
The Agency shall be required to give the Fiscal Agent written notice of its
intention to redeem Bonds under (a) of this Section, at least seventy-five days
prior to the date fixed for such redemption.
(d) Partial Redemption of Bonds. In the event only a portion of any
Bond is called for redemption, then upon surrender of such Bond redeemed in part
only, the Agency shall execute and the Fiscal Agent shall deliver to the registered
owner, at the expense of the Agency, a new Bond or Bonds, of the same series and
maturity, of authorized denominations in aggregate principal amount equal to the
unredeemed portion of the Bond or Bonds.
(e) Effect of Redemption. After the date fixed for redemption, if
notice of such redemption shall have been duly published and funds available for
the payment of the principal of and interest (and premium, if any) on the Bonds so
called for redemption shall have been duly provided, such Bonds so called shall
cease to be entitled to any benefit under this Resolution other than the right to
receive payment of the redemption price, and no interest shall accrue thereon on or
_after the redemption date specified in such notice.
(f) Manner of Redemption. Whenever any Bonds are to be selected for
redemption, the Fiscal Agent shall determine by lot, the Bonds or portions thereof
to be redeemed, and shall notify the Agency thereof. The Fiscal Agent shall
determine, in sufficient time to give the notices required by this Section, what
sums will be available on the next Interest Payment Date in accordance with this
Resolution, and shall cause notice to be given in accordance with such
determination. Any notice of redemption may be cancelled if for any ,reason funds
are not available on the date fixed for redemption for the payment in full of the
Bonds then called for redemption.
All Bonds redeemed pursuant to this Section and all Bonds purchased by the
Fiscal Agent pursuant to Section 4.03 shall be cancelled and shall be surrendered
to the Agency.
Section 2.04. Form of Bonds. The Bonds, the form of Fiscal Agent's
certificate of authentication and registration, and assignment to appear thereon,
shall be substantially in the following forms, respectively, with necessary or
appropriate variations, omissions and insertions, as permitted or required by this
Resolution:
10
:31 ,31
(FORM OF BOND)
No. R $
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
COMMUNITY REDEVELOPMENT AGENCY OF THE —
CITY OF PALM SPRINGS
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
TAX ALLOCATION BOND, 1984 SERIES A
The COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public
body, corporate and politic, duly organized and existing under the laws of the
State of California (the "Agency"), for value received, hereby promises to pay to
or registered assigns, on February 1, (subject to
any right of prior redemption hereinafter provided for ), the principal sum of
Dollars in lawful money of the United States
of America, and to pay interest thereon in like lawful money from the interest
payment, date next preceding the date of authentication of this Bond (unless (i)
this Bond is authenticated on an interest payment date, in which event it shall
bear interest from such date of authentication, or (ii) this Bond is authenticated
prior to an interest payment date and after the close of business on the fifteenth
day of the month preceding such interest payment date, in which event it shall bear
interest from such interest payment date, or (iii) this Bond is authenticated prior,
to August 1, 1984, in which event it shall bear interest from February 1, 1984;
provided, however, that if at the time of authentication of this Bond, interest is
in default on this Bond, this Bond shall bear interest from the interest payment
date to which interest has previously been paid or made available for payment on
this Bond) at the rate of , percent ( _%) per annum, payable semiannually on
February 1 and August 1 in each year, commencing August 1, 1984. Principal hereof
is payable at the principal corporate trust office of
the fiscal agent: of the Agency (the
"Fiscal Agent" _, in Los Angeles, California. Interest hereon is payable by check
or draft of the Fiscal Agent mailed to the registered owner hereof at the
registered owner' s address as it appears, on the registration books of the Fisca.1-
Agent or at such other address as the registered owner may have filed with the
Fiscal Agent for that purpose.
This Bond is one of a duly authorized issue of bonds of the Agency
—designated as the "Community Redevelopment Agency of the City of Palm Springs
Central Business District Redevelopment Project Tax Allocation Bonds, 1984 Series
A" (the "Bonds") , in the aggregate principal amount of riot to exceed Eight Million
Two Hundred Fifty Thousand Dollars ($8,250,000), all of like tenor and date (except
for such variation, if any, as may be required to designate varying numbers,
maturities, interest rates or redemption provisions) and all issued pursuant to the
provisions of the Community Redevelopment Law, being Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code of the State of
California (the "Law") and pursuant to Resolution No. of the Agency adopted
11
on December 7, 1983, (the "Resolution") authorizing the issuance of the Bonds.
Additional bonds may be issued on a parity with the Bonds, but only subject to the
terms of the Resolution. Reference is hereby made to the Resolution (copies of
which are on file at the office of the Agency) and all resolutions supplemental
thereto and to the Law for a description of the terms on which the Bonds are issued,
the provisions with regard to the nature and extent of the Tax Revenues, as that
term is defined in the Resolution, and the rights thereunder of the registered
owners of the Bonds and the rights, duties and immunities of the Fiscal Agent and
the rights and obligations of the Agency thereunder, to all of the provisions of
which Resolution the registered owner of this Bond, by acceptance hereof, assents
and agrees.
The Bonds have been issued by the Agency to aid in financing a redevelopment
project in the City of Palm Springs, California, known as the Central Business
District Redevelopment Project.
This Bond and the interest hereon and all other Bonds and the interest
thereon (to the extent set forth in the Resolution) are payable from, and are
secured by a charge and lien on the Tax Revenues derived by the Agency from the
Project Area (as those terms are defined in the Resolution) . As and to the extent
set forth in the Resolution, all such Tax Revenues are exclusively and irrevocably
pledged to and constitute a trust fund, in accordance with the terms hereof and the
provisions of the Resolution and the Law, for the security and payment or
redemption of, and for the security and payment of interest on, the Bonds.
Notwithstanding the foregoing, in accordance with the Resolution, certain amounts
out of Tax Revenues may be applied for other purposes as ,provided in the
Resolution.
This Bond is not a debt of the City of Palm Springs, the State of California,
or any of its political subdivisions, and neither said City, said State, nor any of
its political subdivisions is liable hereon nor in any event shall this Bond be
payable_out of any funds or properties other than those of the Agency.
The rights and obligations of the Agency and the owners of the Bonds may be
modified or amended at any time in the manner, to the extent and upon the terms
provided in -the Resolution, but no such modification or amendment shall permit a
change in the terms of redemption or maturity of the principal of any outstanding
Bond or of any installment of interest thereon or a reduction in the principal
amount or the redemption price thereof or in the rate of interest thereon without
the consent of the owner of such Bond, or shall reduce the percentages or otherwise
affect the classes of Bond the consent of the owners of which is required to effect
any such modification or amendment.
Bonds maturing by their terms on or before February 1, 1994, are not subject
to redemption. Bonds maturing on or after February 1, 1995, are subject to
redemption at the option of the Agency from any source of funds as provided in the
Resolution, as a whole, or in part in inverse order of maturity and by lot within a
maturity, on any February 1 or August 1 on or after August 1, 1994, at a redemption
price equal to the principal amount thereof to be redeemed together with accrued
interest thereon to the redemption date, plus a premium (expressed as a percentage
of the principal amount of Bonds to be redeemed) as follows:
12
314
Redemption Dates Redemption
(Dates Inclusive) Premium
As provided in the Resolution, notice of redemption shall be mailed not less
than thirty nor more than sixty days prior to the redemption date to the respective
registered owners of any Bonds designated for redemption at their addresses
appearing on the bond registration books of the Fiscal Agent, but neither failure
to mail such notice nor any defect in the notice so mailed shall affect the
sufficiency of the proceedings for redemption.
If this Bond is called for redemption and payment is duly, provided therefor
as specified in the Resolution, interest shall cease Ito accrue hereon from and
after the date fixed for redemption.
If an event of default, as defined in the Resolution, shall occur, the
principal of all Bonds may be declared due and payable Upon the conditions, in the
manner and with the effect provided in the Resolution, but such declaration and its
consequences may be rescinded and annulled as further provided in the Resolution.
This Bond is transferable by the registered owner hereof, in person or by
his attorney duly authorized in writing, at said office of the Fiscal Agent, but
only in the manner, subject to the limitations and upon payment of the charges
provided in the Resolution, and upon surrender and cancellation of this Bond. Upon
registration of such transfer a new Bond or Bonds, of authorized denomination or
denominations, for the same aggregate principal amount and of the same maturity
will be issued to the transferee in exchange herefor.
The Agency and the Fiscal Agent may treat the registered owner hereof as the
absolute owner hereof for all purposes, and the Agency and the Fiscal Agent shall
not be affected by any notice to the contrary.
It is hereby certified that all of the things, conditions and acts required
to exist, to have happened or to have been performed precedent to and in the
issuance of this Bond do exist, have happened or have bean °performed in due and
regular time, form and manner as required by the Law and the laws of the State of
California, and that the amount of this Bond, together with all other indebtedness
of the Agency, does not exceed any limit prescribed by the Law or any laws of the
State of California, and is not in excess of the amount of Bonds permitted to be
issued under the Resolution.
This Bond shall not be entitled to any benefit, under the Resolution or
become valid or obligatory for any purpose until the certificate of authentication
hereon endorsed shall have been signed by the Fiscal Agent.
13
IN WITNESS WHEREOF, the Community Redevelopment Agency of the City of Palm
Springs has caused this Bond to be executed in its name and on its behalf with the
signature of its Chairman and its seal to be reproduced hereon and attested by the
facsimile signature of its Secretary.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
By
Chair
(SEAL)
Attest:
Secretary
14
3 1 G
(FORM OF FISCAL AGENT' S CERTIFICATE OF AUTHENTICATION
TO APPEAR ON BONDS)
This is one of the Bonds described in the within-mentioned Resolution.
Dated: By
Authorized Officer
(FORM OF ASSIGNMENT)
For value received the undersigned do(es) hereby sell , assign and transfer
unto the within-mentioned Bond and hereby
irrevocably constitute(s) and appoints) attorney, to transfer
the same on the books of the Fiscal Agent with full power of substitution in the
premises.
Dated:
Note: The signature(s) on this Assignment must: correspond with the name (s)
as written on the face of the within Bond in every particular, without
alteration or enlargement or any change whatsoever.
Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of
the Agency by the signature of its Chairman, and the signature of its Secretary who
are in office on the date of adoption of this Resolution or at any time thereafter,
and the seal of the Agency shall be impressed, imprinted or reproduced by facsimile
signature thereon. Either or both of such signatures may be affixed by facsimile
thereof. If -any officer whose signature appears on any Bond ceases to be gMh
officer before delivery of the Bonds to the purchaser, such signature shall
nevertheless be as effective as if the officer had remained in office until the
delivery of the Bonds to the purchaser. Any Bond may be signed and attested on
behalf of the Agency by such persons as at the actual date of the execution of such
Bond shall be the proper officers of the Agency although i on the date of such Bond
any such person shall not have been such officer of the Agency.
Only such of the Bonds as shall bear thereon a certificate of authentication
in the form hereinbefore recited, executed and dated by the Fiscal Agent, shall be
valid or obligatory for any purpose or entitled to the benefits of this Resolution,
and such certificate of the Fiscal Agent shall be conclusive evidence that the
Bonds have been duly authenticated and delivered hereunder and are entitled to the
benefits of this Resolution.
15
Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its
terms, be transferred, upon the books required to be kept pursuant to the
provisions of Section 2.08, by the person in whose name it is registered, in person
or by his duly authorized attorney, upon surrender of such Bond to the Fiscal Agent
for cancellation, accompanied by delivery of a written instrument of transfer in a
form approved by the Fiscal Agent, duly executed. Whenever any Bond or Bonds shall
be surrendered for registration of transfer, the Fiscal Agent shall deliver a new
Bond or Bonds, for like aggregate principal amount.
Section 2.07. Exchange of Bonds. Bonds may be exchanged at the principal
corporate trust office of the Fiscal Agent in Los Angeles, California, for a like
aggregate principal amount of Bonds of other authorized denominations of the same
maturity. The Agency may charge a sum not exceeding its reasonable costs for each
new Bond issued upon any exchange (except in the case of any exchange of temporary
Bonds for definitive Bonds) and the Fiscal Agent shall require the payment by the
Bond Owner requesting such exchange of any tax or other governmental charge
required to be paid with respect to such exchange.
Anything in this Resolution to the contrary notwithstanding, the Fiscal
Agent may refuse to transfer or exchange any Bonds under the provisions of Sections
2.06 and 2.07, respectively, which have been selected for redemption or as to which
notice of redemption has been mailed pursuant to the provisions of Section 2.03.
Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be
kept, at its principal corporate trust office in Los Angeles, California,
sufficient books for the registration and registration of transfer of the Bonds,
which shall at all times during normal business hours. be open to inspection by the
Agency; and, upon presentation for such purpose, the Fiscal Agent shall , under such
reasonable regulations as it may prescribe, register or transfer or cause to be
registered or transferred, on said books, Bonds as hereinbefore provided.
Section 2.09. Temporary Bonds. The Bonds may be initially issued in
' temporary form exchangeable for definitive Bonds when ready for delivery:—The
temporary Bonds may be printed, lithographed or typewritten, shall be of such
denominations as may be determined by the Agency, and may contain. such reference to
any of the provisions of this Resolution as may be appropriate. Every temporary
Bond shall be executed by the Agency upon the same conditions and in substantially
the same manner as the definitive Bonds. If the Agency issues temporary Bonds it
will execute and furnish definitive Bonds without delay, and thereupon the
temporary Bonds may be surrendered, for cancellation, in exchange therefor at the
principal corporate trust office of the Fiscal Agent in Los Angeles, California,
and the Fiscal Agent shall deliver in exchange for such temporary Bonds an equal
aggregate principal amount of definitive Bonds of authorized denominations. Until
so exchanged, the temporary Bonds shall be entitled to the same benefits pursuant
to this Resolution as definitive Bonds authenticated and delivered hereunder.
Section 2. 10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond
shall become mutilated the Agency, at the expense of the owner of said Bond, shall
execute, and the Fiscal Agent shall thereupon deliver, a new Bond of like tenor and
number in exchange and substitution for the Bond so mutilated, but only upon
surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so
16
surrendered to the Fiscal Agent shall be cancelled by it and delivered to, or upon
the order of, the Agency. If any Bond shall be lost, destroyed or stolen, evidence
of such loss, destruction or theft may be submitted to the Agency and the Fiscal
Agent and, if such evidence be satisfactory to both and indemnity satisfactory to
them shall be given, the Agency, at the expense of the owner, shall execute, and the
Fiscal Agent shall thereupon deliver, a new Bond of like tenor and number in lieu of
and in substitution for the Bond so lost, destroyed or sl;olen. The Agency may
require payment of a sum not exceeding the actual cost of preparing each new Bond
issued under this Section and of the expenses which may be incurred by the Agency
and the Fiscal Agent in the premises. Any Bond issued under the provisions of this
Section in lieu of any Bond alleged to be lost, destroyed or stolen shall
constitute an original additional contractual obligation on the part of the Agency
whether• or not the Bond so alleged to be lost, destroyed or stolen be at any time
enforceable by anyone, and shall be equally and proportionately entitled to the
benefits of this Resolution with all other Bonds issued pursuant to this
Resolution.
17
319
ARTICLE III
ISSUE OF BONDS; ADDITIONAL BONDS
Section 3.01. Issuance of Bonds. At any time after the adoption of this
Resolution the Agency may sell and deliver Bonds in the aggregate principal amount
of not to exceed Eight Million Two Hundred Fifty Thousand Dollars ($8,250,000).
Section 3.02. Application of Proceeds of Sale of Bonds. Upon the receipt
of payment for any of the Bonds when the same shall have been sold by the Agency,
the proceeds thereof shall be paid to the Fiscal Agent which shall forthwith set
aside, pay over and deposit such proceeds as follows:
(1) The Fiscal Agent shall set aside in the Interest Account established
pursuant to Section 4 .03(1) the amount of accrued interest and premium
(if any) received upon the sale of the Bonds.
(2) The Fiscal Agent shall set aside in the Reserve Account established
pursuant to Section 3.03 a sum equal to Maximum Annual Debt Service.
(3) The Fiscal Agent shall transfer the remainder of such proceeds to the
Treasurer of the Agency who shall deposit said sum in the Redevelopment
Fund established by the Agency as described in Section 3.04.
Section 3.03. Reserve Account. There is hereby created a separate account
to be known as the Busineal
ss District Redevelopment Project Reserve
Account" (the "Reserve Account"), which the Agency covenants and agrees to cause to
be maintained and which shall be held in trust by the Fiscal Agent. An amount equal
to Maximum Annual Debt Service on all Outstanding Bonds shall be maintained in the
Reserve Account at all times, and any deficiency therein shall be replenished from
the first available moneys in the Special Fund established pursuant to Section
4.02. The amount required to be maintained in the Reserve Account may be increased
by any Supplemental Resolution establishing an additional series of Bonds^ptrrsuant
to Section 3.05.
Section 3.04. Redevelopment Fund. There is hereby created a fund known as
the "Central Business District Redevelopment Project Redevelopment Fund" (the
"Redevelopment Fund"), which the Agency hereby covenants and agrees to cause to be
maintained and which shall be held by the Treasurer of the Agency. The moneys in
the Redevelopment Fund shall be used in the mariner provided by law solely for the
purpose of aiding in financing the Project, including the payment of costs of
issuing the Bonds upon receipt of invoices therefor at, or after, the time of
delivery of the Bonds.
Section 3.05. Issuance of Additional Series of Bonds. In addition to the
Bonds, the Agency may, by Supplemental Resolution, establish one or more additional
series of Bonds payable from Tax Revenues on a parity with the Bonds to finance the
Project in such principal amount as shall be determined by the Agency. The Agency
may issue and deliver Additional Bonds of the series so established subject to the
following specific conditions which are hereby made conditions precedent to the
issuance and delivery of any such additional series of Bonds issued under this
Section:
18
320
(1) The Agency shall be in compliance with all covenants set forth in this
Resolution.
(2) The Fiscal Agent shall have received prior to the issuance and delivery
of such Additional Bonds:
(i) Copies of this Resolution and the Supplemental Resolution
providing for the issuance of such Additional Bonds, each certified by an
authorized officer of the Agency;
(ii) An opinion of legal counsel whose opinions in the area of
municipal bond law are nationally accepted, stating (a) that this Resolution
and such Supplemental Resolution are valid and enforceable in accordance
with their terms, (b) that this Resolution and such Supplemental Resolution
create a valid pledge of that which they purport to pledge, and (c) that the
principal amount of the Bonds and such Additional Bonds to be issued and
then Outstanding will not exceed any limit imposed by law;
( iii) A Written Certificate of the Agency stating that the Agency
is not, at the time of issuance of such Additional Bonds, in default under
this Resolution or such Supplemental Resolution, directing the Fiscal Agent
or designated fiscal agent to deliver such Additional Bonds, and directing
the deposit of the proceeds of such Additional Bonds into the funds and
accounts with respect thereto;
(iv) A Written Certificate of the Agency stating: (a) for the
current and each future Fiscal Year, the Debt Service on the Outstanding
Bonds and such Additional Bonds for each such Fiscal Year; (b) the amount of
Tax Revenues (excluding business inventory tax subventions) plus other
revenues and income of the Agency available for debt service (exclusive of
non-recurring revenues) actually received by the Agency or the Fiscal Agent
for the current or immediately preceding Fiscal Year; (c) that the Tax
Revenues referred to in clause (b) above will be at least 1.25 times Maximum
Annual Debt Service on the Bonds and such Additional Bonds in the current
and each future Fiscal Year.
(3) The Supplemental Resolution providing for the issuance of such
Additional Bonds under this Section shall provide that:
(i) Interest on said additional series of Bonds shall be payable
on February 1 and August 1 in each year of the termiof each such additional
series of Bonds except the first year, which may be payable at any time
during said year;
(ii) The principal of each, such additional series of Bonds shall
be payable on February 1 in any year in which principal is payable;
(iii ) Money shall be deposited in the Reserve Account from the
proceeds of the sale of such Additional Bonds to increase the amount on
deposit in the Reserve Account to an amount equal to the Maximum Annual Debt
Service on the Bonds and such Additional Bonds; and
19 t
(iv) The proceeds of such Additional .Bonds shall be applied
solely for (a) the purpose of aiding in financing the Project, including
payment of all costs incidental to or connected with such financing, and/or
(ii ) the purpose of refunding any Bonds, including payment of all costs
incidental to or connected with such refunding.
Section 3.06. Validity of Bonds. The validity of the authorization and
issuance of the Bonds shall not be dependent upon the completion of the Project or
upon the performance by any person of his obligation with respect to the Project.
20
i
3
ARTICLE IV
THE TAX REVENUES; SPECIAL FUND AND ACCOUNTS
Section 4.01. Pledge of Tax Revenues. The Bonds shall be secured by a
first pledge (which pledge shall be effected in the manner and to the extent
hereinafter provided) of all of the Tax Revenues and a pledge of all of the moneys
in the Interest Account, the Principal Account and the Reserve Account. The Tax
Revenues are hereby allocated in their entirety 'to the payment of the principal of
and interest on the Bonds and, until the payment in 'full thereof, the Tax Revenues
shall be applied solely to the payment of such principal and interest and to
transfer to the Reserve Account for the purposes outlined in Section 3.03; except
that out of the Tax Revenues may be apportioned such amounts for such other
purposes as are expressly permitted by Section 4.03. The pledge and allocation of
Tax Revenues is for the exclusive benefit of the Owners of the Bonds and shall be
irrevocable until all of the Bonds have been paid and retired or provision made
therefor. The Agency will not issue any obligation or security superior to or on a
parity with the Bonds authorized pursuant to Section 2.01, howsoever denominated,
payable in whole or in part from the Tax Revenues which are hereby pledged to the
payment of the principal of and interest on the Bonds (other than Additional Bonds
or refunding bonds issued solely for the purpose of refunding all of the then
outstanding Bonds and Additional Bonds) , until all of the Bonds have been paid and
retired or provision made therefor.
Section 4.02. Special Fund. There is hereby created a special fund to be
known as the "Special Fund" , which the Agency hereby covenants and agrees to cause
to be maintained and which shall be held in trust by the Fiscal Agent. The Agency
shall pay or cause to be paid to the Fiscal Agent all of the Tax Revenues and the
Agency covenants that it will , so far, as permitted by law, authorize and direct,
and does hereby authorize and direct, the payment to the Fiscal Agent of such Tax
Revenues when collected for the account of the respective taxing agencies or by the
official who collected such Tax Revenues on behalf thereof. All Tax Revenues at
any time paid 'in o tie pecial Fund shall be held by the. Fiscal Agent in trust for
the benefit of the Owners from time to time of 'the Bonds, and shall be disbursed,
allocated and applied solely for the uses and purposes hiereinafter in this Article
IV set forth. So long as any of the Bonds are Outstanding, the Agency shall not
have any beneficial right or interest in the Tax Revenues, except only as in this
Resolution provided, and such moneys shall be used and applied by the Fiscal Agent
as hereinafter set forth in this Article IV.
Section 4.03. Establishment and Maintenance of Accounts For Revenues;
Use and Withdrawal of Revenues. All Tax Revenues in the Special Fund shall be
transferred by the Fiscal Agent to the following respective special accounts (each
of which the Agency covenants and agrees to cause to be maintained) or in the
Reserve Account (established pursuant to Section 3.03) in the following order of
priority:
(1) Interest Account,
(2) Principal Account, and
21
3 2:3
(3) Reserve Account.
All Tax Revenues in each of said accounts shall be held in trust by the Fiscal Agent
and shall be applied, used and withdrawn only for the purposes hereinafter
authorized in this Section 4.03.
(1) Interest Account.. On or before the last day of each January and July,
beginning July 31, 1984, and so long as any of the Bonds remain Outstanding, the
Fiscal Agent shall withdraw from the Special Fund and deposit in the Interest
Account an amount which, when added to the amount contained in the Interest Account
on that date, will be equal to the aggregate amount of the interest becoming due and
payable on the Outstanding Bonds on the next succeeding Interest Payment Date. No
deposit need be made into the Interest Account if the amount contained therein is
at least equal to the interest to become due on the next succeeding Interest
Payment Date upon all of the Bonds issued hereunder and then Outstanding. All
moneys in the Interest Account shall be used and withdrawn by the Fiscal Agent
solely for the purpose of paying the interest on the Bonds as it shall become due
and payable (including accrued interest on any Bonds purchased or redeemed prior to
maturity pursuant to this Resolution) .
(2) Principal Account.
(a) Application to Pay Priincipal of Serial Bonds. On or before the
last day of January, beginning January 1, 1984, the Fiscal Agent shall withdraw
from the Special Fund and deposit in the Principal Account an amount which, when
added to the amount contained in the Principal Account on that date, will be equal
to the principal next becoming due and payable on the Outstanding Serial Bonds. No
deposit need be made into the Principal Account pursuant to this paragraph if the
amount contained therein is at least equal to the principal to become due on the
next succeeding September 1 upon all of the Serial Bonds issued hereunder and then
Outstanding. All moneys deposited in the Principal Account pursuant to this
' paragraph (a) shall be used_. and withdrawn by the Fiscal Agent solely for the
purpose of paying the principal on the Serial Bonds as it shay(b come due and
payable.
(3) Reserve Account. On or before February 1 of each year, beginning on
February 1, 1984, the Fiscal Agent shall withdraw from the Special Fund and deposit
in the Reserve Account an amount of money that shall be required to maintain in the
Reserve Account an amount equal to the full amount of the Maximum Annual Debt
Service or such larger amount as shall be required to be maintained in the Reserve
Account by any Supplemental Resolution. No deposit need be made in the Reserve
Account so long as there shall be on deposit therein a sum equal to at least the
amount required by this paragraph to be on deposit therein. All money in the
Reserve Account shall be used and withdrawn by the Fiscal Agent solely for the
purpose of replenishing the Interest Account or the Principal Account, in such
order, in the event of any deficiency at any time in any of such accounts, or for
the purpose of paying the interest on or principal of or redemption premiums, if
any, on the Bonds in the event that no other money of the Agency is lawfully
available therefor, or for the retirement of all the Bonds then Outstanding, except
that so long as the Agency is not in default hereunder, any amount in the Reserve
Account in excess of the amount required by this paragraph to be on deposit therein
22
324
may be withdrawn from the Reserve Account and deposited in the Special Fund.
Notwithstanding the foregoing, any amount deposited in the Reserve Account other
than from the proceeds of sale of the Bonds pursuant to Section 3.02(2) shall be
retained in the Reserve Fund and applied pursuant to this Section 4 .03(3) , but
shall be withdrawn from the Reserve Fund and paid to the City in such amounts, at
such times and under such circumstances as shall be specified in a Written
Certificate of Agency filed with the Fiscal Agent upon the issuance of the Bonds.
(4) Surplus. It is the intent of this Resolution that the deposits
provided for in (1) and (2) above to the Interest Account and the Principal
Account, respectively, shall be made as scheduled, and that the deposits provided
for in (3) above to the Reserve Account shall be made as necessary to maintain a
balance equal to Maximum Annual Debt Service. Any moneys remaining in the Special
Fund (other than those moneys in the Interest Account„ Principal Account or Reserve
Account) may, upon the Written Request of the Agency 'filed with the Fiscal Agent
from time to time on or after January 1 in any calendar year but on or before June
30 in such calendar year, be declared "Su,rplus" and shall be transferred by the
Fiscal Agent to or upon the order of the Agency, but only if:
(a) there shall have been filed with the Fiscal Agent a Written
Certificate of the Agency stating that the Tax Revenues to be received in the next
Fiscal Year, based upon the most recent taxable valuation of property in the
Project Area as shown on the roost recent equalized assessement roll , are estimated
to be at least 1.10 times the Annual Debt Service on all Bonds Outstanding in such
Fiscal Year; and
(b) there shall be on deposit with the Fiscal Agent in the Special
Fund, the Interest Account and the Principal Account (but not including the Reserve
Account) amounts sufficient to pay the principal , interest and scheduled sinking
account payments coming due on the Outstanding Bonds on each remaining Interest
Payment Date during such calendar year, ,and to restore the Reserve Account to
Maximum Annual Debt Service if then required.
23
a25
ARTICLE V
OTHER COVENANTS OF THE AGENCY
Section 5.01. Punctual Payment. The Agency will punctually pay or cause to
be paid the principal and interest to become due in respect of all the Bonds
together with the premium thereon, if any, in strict conformity with the terms of
the Bonds and of this Resolution, and it will faithfully observe and perform all of
the conditions, covenants and requirements of this Resolution and all Supplemental
Resolutions and of the Bonds. Nothing herein contained shall prevent the Agency
from making advances of its own moneys howsoever derived to any of the uses or
purposes referred to herein.
Section 5.02. Extension of Bonds. The Agency will not, directly or
indirectly, extend or consent to the extension of the time for the payment of any
Bond or claim for interest on any of the Bonds and will not, directly or indirectly,
be a party to approve any such arrangement by purchasing or funding the Bonds or
claims for interest or in any other manner. In case the maturity of any such Bond
or claim for interest shall be extended or funded, whether or not with the consent
of the Agency, such Bond or claim for interest so extended or funded shall not be
entitled, in case of default hereunder, to the benefits of this Resolution, except
subject to the prior payment in full of the principal of all of the Bonds then
Outstanding and of all claims for interest which shall not have been so extended or
funded.
Section 5.03. Against Encumbrances. The _Agency will not encumber, pledge
or place any charge or lien upon any of the Tax Revenues superior to or on a parity
with the pledge and lien herein created for the benefit of the Bonds, except as
permitted by this Resolution. Notwithstanding the preceding sentence, nothing
herein is intended or shall be construed to prohibit the issuance by the Agency of
any obligations payable from and secured by a subordinate lien on the Tax Revenues.
Section 5.04. Management and Operations of ProE rimes. The Agency will
manage and operate all properties owned by the Agency and comprising any part of
the Project in a sound and businesslike manner, and will keep such properties
insured at all times in conformity with sound business practice.
Section 5.05. Payment of Claims. The Agency will pay and discharge, or
cause to be paid and discharged, any and all lawful claims for labor, materials or
supplies which, if unpaid, might become a lien or charge upon the properties owned
by the Agency or upon the Tax Revenues or any part thereof, or upon any funds in the
hands of the Fiscal Agent, or which might impair the security of the Bonds. Nothing
herein contained shall require the Agency to make any such payment so long as the
Agency in good faith shall contest the validity of said claims.
Section 5.06. Books and Accounts; Financial Statement. The Agency will
keep, or cause to be kept, proper books of record and accounts, separate from all
other records and accounts of the Agency and the City of Palm Springs, in which
complete and correct entries shall be made of all transactions relating to the
Project and to the Tax Revenues. Such books of record and accounts shall at all
times during business hours be subject to the inspection of the Owners of not less
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than ten percent (10%) of the principal amount of the Bonds then Outstanding, or
their representatives authorized in writing .
The Agency will cause to be prepared and filed with the Fiscal Agent
annually, within one hundred and twenty (120) days after the close of that Fiscal
Year so long as any of the Bonds are Outstanding, complete financial statements
with respect to that Fiscal Year showing the Tax Revenues, all disbursements from
the Tax Revenues and the financial condition of the Project, 'including the balances
in all funds and accounts relating to the Project, as of the end of such Fiscal
Year, which statement shall be accompanied by a certificate: or, opinion in writing
of an Independent Certified Public Accountant. The Agency will furnish a copy of
such statements to any Bond Owner upon request.
Section 5.07. Protection of Security and Rigits of Bond Owners. The
Agency will preserve and protect the security of the Bonds and the rights of the
Bond Owners, and will warrant and defend their rights against all claims and
demands of all persons. From and after the sale and delivery of any of the Bonds by
the Agency, the Bonds shall be incontestable by the Agency.
Section 5.08. Payments of Taxes and Other Cha?igle ;. Subject to the
provisions of Section 5. 10 hereof, the Agency will pay and discharge, or cause to
be paid and discharged, all taxes, service charges, assessments and other
governmental charges which may hereafter be lawfully imposed upon the Agency or the
properties then owned by the Agency in the Project Area, or upon tine Revenues
therefrom, when the same shall become due. Nothing herein contained shall require
the Agency to make any such payment so long as the Agency in good faith shall
contest the validity of said taxes, assessments or charges. The Agency will duly
observe and conform with all valid requirements of any governmental authority
relative to the Project or any part thereof.
Section 5.09. Completion of Project. The Agency will commence, and will
continue to completion, with all practicable dispatch, the Project, and the Project
will be accomplished and completed in a sound and ieconomical manner nand in
conformity with the Redevelopment Plan and the Law.
Section 5. 10. Taxation of Leased Property. Whenever any property in the
Project Area has been redeveloped and thereafter is leased by the Agency to any
person or persons (other than the City of Palm Springs or the County of Riverside)
or whenever, the Agency leases real property in the Project Area to any person or
persons for redevelopment, the property shall be assessed and taxed in the same
manner as privately owned property (in accordance with Section 33673 of the Health
and Safety Code of the State of Ca'iiforn'ia) , and the lease or contract shall
provide (1) that the lessee shall pay taxes upon the assessed value of the entire
property and not merely upon the assessed) value of his or its leasehold interest,
and (2) that if for any reason the taxes paid by tire lessee on such property in any
year during the term of the lease or contract shall be less than the taxes which
would have been payable upon the assessed value of the entire property if the
property were assessed and taxed in the same manner as privately owned property,
the lessee shall pay such difference to the Fiscal Agent within thirty days after
the taxes for such year become payable to the taxing agencies and in any event prior
to the delinquency date of such taxes established by law. All such payments to the
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Fiscal Agent shall be treated as Tax Revenues and shall be. deposited by the Fiscal
Agent in the Special Fund.
Section 5. 11 . Amendment of Redevelopment Plan and Disposition of
Property.
(1) The Agency will not authorize the disposition of any land or real
property in the Project Area to anyone which will result in such property becoming
exempt from taxation because of public ownership or use or otherwise (except
property planned for such ownership or use by the Redevelopment Plan in effect on
the date of this Resolution) so that such disposition shall , when taken together
with other such dispositions, aggregate more than ten percent (10%) of the land
area in the Project Area unless the Redevelopment Plan is amended with the approval
of an Independent Financial Consultant as hereinafter provided in this Section
5. 11 . If the Agency proposes to make such a disposition, it shall propose an
amendment to such Redevelopment Plan which expressly provides for the disposition
of such real property with such an effect and shall thereupon appoint a reputable
Independent Financial Consultant and direct said consultant to report on the effect
of said proposed disposition. I the Report of the independent Financial
Consultant concludes that the security of the Bonds and the rights of the Bond
Owners will not be materially impaired by said proposed disposition, and that. taxes
allocated to the Agency will not be significantly diminished by the proposed
disposition , the Agency may thereafter adopt the amendment (pursuant to all
applicable provisions of the Law) and make the disposition. If said Report,
concludes that taxes allocated to the Agency will be significantly diminished or
that such security will be materially impaired by said proposed disposition, the
Agency shall either disapprove said proposed amendment, or, in its discretion and
as a condition precedent to its approval of said proposed amendment, declare that
the requirements set forth in subsection (2) of this Section 5.1.1 must be required
by the amendment to be imposed on any new owner or owners who acquire real property
pursuant to dispositions authorized by said amendment. The Agency shall have the
sole and exclusive authority to appoint said consultant. Said consultant shall not
be liable in connection with the performance of its duties hereunder, except for
its own negligence or willful misconduct.
(2) if the Agency is not required to approve said proposed disposition
pursuant to subsection (1) of this Section 5.11, the Agency may nevertheless
approve said proposed disposition, provided that, as a condition precedent to said
approval , the Agency shall be required not to dispose of any property in the
Project Area to anyone which will result in such property becoming exempt from
taxation because of public ownership or use or otherwise (except property planned
for such ownership or use by the Redevelopment Plan in effect on the date of
adoption of this Resolution) , without imposing the following requirements on such
new owner or owners:
(a) Such new owner or owners shall pay to the Fiscal Agent, so long as
any of the Bonds are Outstanding, an amount equal to the amount
that would have been received by the Fiscal Agent as taxes
allocated to the Agency if the property were assessed and taxed in
the same manner as privately owned non-exempt property; and
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(b) Such payment shall be made to the Fiscal Agent within thirty (30)
days after taxes for each year would become payable to the taxing
agencies For non-exempt ,property and in any event prior to the
delinquency date of such taxes established by law.
(3) The Agency warrants to the Bondholders that the Participation
Agreement conforms and will conform as long as any Bond remains Outstanding to the
requirements of this Section 5. 11 .
All such payments in lieu of taxes to the Fiscal Agent shall be treated as Tax
Revenues and shall be deposited by the Fiscal Agent in the Special Fund.
Section 5. 12. Single Sum Payments in Lieu of Taxes. As an alterative to
payment to the Fiscal Agent pursuant to subsection (2)(I5) of Section 5.11, the new
owner or owners of property becoming exempt from taxation provided for in Section
5. 11 may elect to make payment to the Fiscal Agent in a single sum equal to the
amount estimated by the Independent Financial Consultant to be receivable by the
Agency from taxes on said property from the date of said payment to the maturity
date of the Bonds, less a reasonable discount value. All Such single sum payments
in lieu of taxes shall be treated as Tax Revenues and shall be deposited by the
Fiscal Agent in the Special Fund.
Section 5. 13. Tax Revenues. The Agency shall comply with all requirements
of the Law to insure the allocation and payment to it of the 'Tax Revenues, including
without limitation the timely filing of any necessary statements of indebtedness
with appropriate officials of Palm Springs County, and shall forward information
copies of each such filing to the Fiscal Agent.
Section 5. 14. Eminent Domain. The' net proceeds received by the Agency from
any taking of property owned by the Agency in any eminent domain proceeding shall
be deposited by the Agency in the Special Fund; provided that the net proceeds
received by the Agency from the taking of any property in the Project Area the
redevelopment of which was financed by the Agency through the issuance of lease
revenue bonds or other lease revenue or installment sale obligations shall be
deposited, used and applied in the manner provided) by the documents relating to
such lease revenue bonds or other lease revenue or installment sale obligations.
Section 5. 15. Further Assurances. , The Agency will adopt, make, execute and
deliver any and all such further resolutions, instruments and assurances as may be
reasonably necessary or proper to carry out the intention or to facilitate the
performance of this Resolution, and for the better assuring and confirming unto the
Owners of the Bonds of the rights and benefits provided in this Resolution.
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ARTICLE VI
THE FISCAL AGENT
Section 6.01 . Appointment of Fiscal Agent. at its
principal corporate trust office in Los Angeles, California, is hereby appointed
Fiscal Agent for the Agency to act as the agent and depositary of the Agency for the
purpose of receiving all moneys required to be paid to the Fiscal Agent hereunder,
to allocate, use and apply the same, to hold, receive and disburse the Tax Revenues
and other funds pledged or held hereunder, and otherwise to hold all the offices
and perform all the functions and duties provided in this Resolution to be held and
performed by the Fiscal Agent. The Fiscal Agent shall signify its acceptance of
the duties and obligations 'imposed upon it by this Resolution by executing and
delivering to the Agency a written acceptance thereof; and by executing and
delivering such acceptance, the Fiscal Agent shall be deemed to have accepted such
duties and obligations, but only upon the terms and conditions set forth in this
Resolution.
The Agency may remove the Fiscal Agent initially appointed, and any
successor thereto, and may appoint a successor or successors thereto, but any such
successor shall be a bank or trust company doing business and having an office in
Los Angeles, California, having a combined capital (exclusive of borrowed capital)
and surplus of at least Fifty Million Dollars ($50,000,000) , and subject to
supervision or examination by federal or state authority. If such bank or trust
company publishes a report of condition at least annually, pursuant to law or to
the requirements of any supervising or examining authority above referred to, then
for the purposes of this Section the combined capital and surplus of such bank or
trust company shall be deemed to be its combined capital and surplus as set forth in
its most recent report of condition so published.
The Fiscal Agent may at any time resign by giving written notice to the
Agency and by giving to the Bond Cfwners notice by publication of such resignation,
which notice shall be published at least once in a Financial Newspaper. Upon
receiving notice of such resignation, -the Agency shall promptly appoint a successor
Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal
Agent and appointment of a successor Fiscal Agent shall become effective upon
acceptance of appointment by the successor Fiscal Agent.
Section 6.02. Liability of Fiscal Agent. The recitals of facts, covenants
and agreements herein and in the Bonds contained shall be taken as statements,
covenants and agreements of the Agency, and the Fiscal Agent assumes no
responsibility for the correctness of the same, nor makes any representations as to
the validity or sufficiency of this Resolution, nor shall incur any responsibility
in respect thereof, other than in connection with the duties or obligations herein
or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be
liable in connection with the performance of its duties hereunder, except for its
own negligence or willful misconduct.
Section 6.03. Notice to Agent. The Fiscal Agent shall be protected in
acting upon any notice, resolution, request, consent, order, certificate, report,
warrant, Bonet or other paper or document believed by it to be genuine and to have
28
331 )
been signed or presented by the proper party or proper parties. The Fiscal Agent
may consult with counsel , who may be of counsel to the Agency., with regard to legal
questions, and the opinion of such counsel shall be full and complete authorization
and protection in respect of any action taken or suffered by it hereunder in good
faith and in accordance therewith.
The Fiscal Agent shall not be bound to recognize any person as the Owner of a
Bond unless and until such Bond is submitted for inspection, if required, and the
Owner' s title thereto satisfactorily established, if disputed.
Whenever in the administration of its duties under this Resolution the
Fiscal Agent shall deem it necessary or desirable that a, matter be proved or
established prior, to taking or suffering any action hereunder, such matter (unless
other evidence in respect thereof be herein specifically prescribed) may, in the
absence of bad faith on the part of the Fiscal Agent, be deemed to be conclusively
proved and established by a Written Certificate of the Agency, and such certificate
shall be full warrant to the Fiscal Agent for any action taken or suffered under the
provisions of this Resolution or any Supplemental Resolution upon the faith
thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other
evidence of such matter or may require such additional evidence as to it may seem
reasonable.
Section 6.04. Deposit and Investment, of Moneys in Funds. All moneys held
by the Fiscal Agent in any of the funds or accounts established pursuant to this
Resolution shall be deposited in demand or time deposits (which may be represented
by certificates of deposit) in any bank or trust company authorized to accept
deposits of public funds (including the banking department of the Fiscal Agent) .
Moneys in the Special Fund, the Interest Account, the Principal Account and
the Reserve Account may, and upon the written request of the Treasurer of the
Agency shall , be invested by the Fiscal Agent in Federal Securities, certificates
of deposit of banks (including the Fiscal Agent) or other investments maturing as
hereinafter provided. Moneys in the Special Fund, the Interest Account, the
Principal Account and the Reserve Account shal 'i be invested by the Fiscal Agent in
obligations (i ) the yield on which is the highest yield reasonably available for
obligations of similar maturities, and (ii) which by their terms mature prior to
the date on which such moneys are required to be paid out hereunder. Moneys in the
Redevelopment Fund may be invested by the Treasurer in any obligations which are
legal investments of Agency funds. Obligations purchased as an investment of
moneys in any fund shall be deemed to be part of such fund. All interest or gain
received during the acquisition, construction and development of any portions of
the—Project from such investments of moneys in the Special Fund shall at the
- Written Request of the Agency filed with the Fiscal Agerct, be deposited in the
Redevelopment Fund. Following completion of the Project, such earnings or gains
shall be deposited in the respective fund or account from which such investment was
made.
The Agency covenants with the Owners of all Bonds at any time Outstanding
that it will make no use of the proceeds of the Bonds which, if made at the time of
issuance of the Bonds, would have caused any of the Bonds to be "arbitrage bonds"
subject to federal income taxation by reason of Section 11:13(c) of the Internal
Revenue Lode of :1954, as amended.
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ARTICLE VII
MODIFICATION OR AMENDMENT OF THE RESOLUTION
Section 7,01. Amendments Permitted. This Resolution and the rights and
obligations of the Agency and of the Owners of the Bonds may be modified or amended
at any time by a Supplemental Resolution and pursuant to the affirmative vote at a
meeting of Bond Owners, or with the written consent without a meeting, of the
Owners of sixty percent (60%) in aggregate principal amount of the Bonds then
Outstanding, exclusive of Bonds disqualified as provided 'in Section 7.04. No such
modification or amendment shall (1) extend the maturity of any Bond or reduce the
interest rate thereon, or otherwise alter or impair the obligation of the Agency to
pay the principal thereof, or interest thereon, or any premium payable on the
redemption thereof, at the time and place and at the rate and in the currency
provided therein, without the written consent of the Owner of such Bond, or (2)
permit the creation by the Agency o'f any mortgage, pledge or lien upon the Tax
Revenues superior to or on a parity with the pledge and lien created for the benefit
of the Bonds (except as expressly permitted by this Resolution), or reduce the
percentage of Bonds required for the affirmative vote or written consent to an
amendment or modification, or• (3) modify any of the rights or obligations of the
Fiscal Agent without its written consent thereto.
This Resolution and the rights and obligations of the Agency and of the
Owners of the Bonds may also be modified or amended at any time by a Supplemental
Resolution, without the consent of any Owners of the Bonds, but only to the extent
permitted by law and only for any one or more of the following purposes:
(a) to add to the covenants and agreements of the Agency in this
Resolution contained, other covenants and agreements thereafter
to be observed, or to surrender any right or power herein reserved
to or conferred upon the Agency;
(b) with the written approval of the Fiscal Agent, to make such
provisions for the purpose of curing any ambiguity, or of curing,
correcting or supplementing any defective provision contained in
this Resolution, or in regard to questions arising under this
Resolution, as the Agency may deem necessary or desirable and not
inconsistent with this Resolution, and which shall not materially
adversely affect the interests of the Owners of the Bonds;
(c) to provide for the issuance of any Additional Bonds, and to
provide the terms and conditions under which such Additional j
Bonds may be issued, subject to and in accordance with the
provisions of Section 3.05 of Article III; and
(d) to add additional provisions deemed necessary or advisable by the
Agency to authorize the Bonds to be issued in coupon form, in the
event the Agency shall 'file with the Fiscal Agent an opinion of
legal counsel acceptable to the Fiscal Agent whose opinions in the
area of municipal bond 'law are nationally accepted, stating that
the issuance of Bonds in such form wil 'I not cause interest on the
Bonds to become subject to federal income taxation.
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Section 7.02. Bond Owners' Meet�.l
(a) Calling Bond Owners' Meeting. If the Agency shall desire to
obtain any such consent it may call a meeting of Bond Owners, by resolution, for the
purpose of considering the action , the consent to vd-Och is desired.
(b) Notice of Meeting. Notice specifying the purpose, place, date and
hour of such meeting shall be published once in a Financial Newspaper, not less
than sixty (60) days and not more than ninety (90) days prior to the date fixed for
the meeting. Such notice shall sci forth the nature of the proposed action,
consent to which is desired. If any of the Bonds shall be so registered as to be
payable otherwise than to bearer, the Secretary of the Agency shall , on or before
the first, publication of such nor,'ice, mail a similar notice, postage prepaid, to
the respective registered Owners thereof a.. their addresses appearing on the Bond
registry books. The place, date and hour of molding such meeting and the dace or
dates of publishing and mailing such notice shall be determined by the Agency, in
its discretion.
The actual receipt by any Bond Owner of notice of any such meeting shall not
be a condition precedent to the holding of such meeting, and failure to receive
such notice shall not affect the validity of the proceedings thereat. A
certificate by the Secretary of the Agency, approved by resolution of the Agency
that the meeting has been called and that notice thereof has been given as herein
provided shall be conclusive as against all parties and it shall not be open to any
Bond Owner to show that he failed to receive notice of such meeting.
(c) Voting qualifications. Any Bond Owner may, prior• to any such
meeting, deliver his Bond or Bends to any agency designated by the Agency for the
purpose, and shall thereupon be entitled to receive an appropriate receipt for the
Bond or Bonds so deposited, calling for the redelivery of such Bond or Bonds at any
time after the meeting. The Treasurer of the Agency shall prepare and deliver to
the chairman of the meeting a list of the names and addresses of the registered
Owners of Bonds, with a statement of the names of Bond Owners so depositing their
Bonds and the maturities and serial numbers of the Bonds so Field and deposited and
no Bond Owner shall be entitled to vote at such meeting unless his name appears on
such list or unless he shall present his Bond or Bonds at: the meeting or a
certificate of deposit thereof, satisfactory to the Agency, executed by a bank,
trust company or other authorized depository. No Bond Owners shall be permitted to
vote with respect to a larger aggregate principal amount of Bonds than is set
against his name on such list, unless he shall produce the Bonds upon which he
desires to vote, or a certificate of deposit thereof as above provided.
(d) Agency-Owned Bonds. 1-he Agency covenants that it will present at
the meeting a certificate, signed and verified by one member of the Agency and by
the Treasurer of the Agency stating the mituri`cies and serial numbers of all Bonds
owned by, or held for account of, the Agency, directly or indirectly. No person
shall be permitted at the meeting to vote or consent with respect to any Bond
appearing upon such certificate, or any Bond which it shall be established at or
prior to the meeting is owned by the Agency, directly or •indirectly, and no such
Bond (in this Section 7.02 referred to as "Agency-owned bonds") shall be counted in
determining whether a quorum is present at the meeting.
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(e) Quorum and Procedure. A representation of at least sixty percent
(60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of
Agency-owned Bonds) shall be necessary to constitute a quorum at any meeting of
Bond Owners, but less than a quorum may adjourn the meeting from time to time, and
the meeting may be held as so adjourned without further notice, whether such
adjournment shall have been had by a quorum or less than a quorum. The Agency
shall , by an instrument in writing, appoint a temporary chairman of the meeting,
and the meeting shall be organized by the election of a permanent chairman and a
secretary. At any meeting each Bond Owner shall be entitled to one vote for every
$5,000 principal amount: of Bonds with respect to which he shall be entitled to vote
as aforesaid, and such vote may be given in persona or by proxy duly appointed by an
instrument in writing presented at the meeting. The Agency, by its duly authorized
representative, may attend any meeting of the Bond Owners, but shall not be
required to do so.
(f) Vote Required. At any such meeting held as aforesaid there shall
be submitted for the consideration and action of the Bond Owners a statement of.
proposed action, consent to which is desired, and if such action shall be consented
to and approved by Bond Owners holding at least sixty percent. (60%) in aggregate
amount of the Bonds then Outstanding (exclusive of Agency-owned Bonds) the chairman
and secretary of the meeting shall so certify in writing to the Agency, and such
certificate shall constitute complete evidence of consent of Bond Owners under the
provisions of this Resolution. A certificate signed and verified by the chairman
and secretary of any such meeting shall be conclusive evidence and the only
competent evidence of matters stated in such certificate relating to proceedings
taken at such meeting.
(g) Written Consent of Bond Owners. If the Agency shall desire to
obtain any such consent in writing, without a Meeting of Bon Owners, the Agency
may, by resolution, propose the action to which consent is desired. A copy of such
resolution, together with a, request to Bond Owners for their consent to the action
proposed therein, shall be published once in <a financial Newspaper. If any of the
' Bonds shall be so registered as to be payable otherwise than to bearer, the
Secretary of the Agency shall , on or before the publication of such resolution and
request, mail a copy thereof to each registered owner at the address appearing on
the Bond registry books.
The actual receipt by any Bond Owner of such resolution and request shall
not affect the validity of the proceedings for the obtaining of such consent. A
certificate by said Secretary, approved by resolution of the Agency, that said
resolution and request has been published and mailed as herein provided shall be
conclusive as against all parties, and is shall not be open to any Bond Owner to
show that: he failed to receive such resolution and consent..
Each written consent shall be accompanied by proof of ownership of the Bonds
for which such consent is given. Proof of ownership shall be made in such manner as
shall be prescribed by the resolution proposing the action. Any such written
consent shall be binding upon the Owner of the Bonds giving such consent and on any
subsequent Owner (whether or not such subsequent Owner has notice thereof) unless
such consent is revoked in writing by the Owner giving such consent or by the
subsequent Owner. to be effective, any revocation of consent must be Filed before
the adoption of the resolution accepting consents as hereinafter provided.
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After the holders of at least sixty percent (60%) . in aggregate principal
amount of the Bonds then Outstanding (exclusive of Agency-owned Bonds) shall have
consented in writing , the Agency shall adopt a resolution accepting such consents
and such resolution shall constitute complete evidence of the consent of Bond
Owners under this resolution.
(h) Publication of Consent. Notice specifying the amendment, waiver
or modification that has received the consent of Bond Owners as required by this
Section shall be published once in a Financial Newspaper not less than sixty (60)
days following the final action in the proceedings for the obtaining of such
consent. Said notice is only for the information of Bond Owners and failure to
publish such notice or any defect therein shall not affect the validity of the
proceedings theretofore taken in the obtaining of such consent:.
Section 7.03. Disqualified Bonds. Bonds owned or held for the account of
the Agency or the City of Palm Springs, excepting any pension or retirement fund,
shall not be deemed Outstanding for the purpose of any vote, consent or other
action or any calculation of Outstanding Bonds provided for, in this Article VII ,
and shall not be entitled to vote upon , consent to, or, take any other action
provided for in this Article VII.
Section 7.04. Effect of Supplemental Resolution. From and after the time
any Supplemental Resolution becomes effective pursuant to this Article VII, this
Resolution shall be deemed to be modified and amended in accordance therewith, the
respective rights, duties and obligations under this Resolution of the Agency and
all Owners of Bonds Outstanding shall thereafter be determined, exercised and
enforced hereunder subject in al respects to such modifications and amendments,
and all the terms and conditions of any such Supplemental Resolution shall be
deemed to be part of the terms and conditions of this Resolution for any and all
purposes.
The Agency may adopt appropriate regulations to require each Bond Owner,
before his consent provided for in this Article VII shall be deemed effective, to
reveal if the Bonds as to which such consent is given are disqualified as provided
in Section 7.03.
Section 7.05. Endorsement or Replacement of Bonds Issued After
Amendments. The Agency may determine that Bonds issued and delivered after the
effective date of any action taken as provided in this Article VII shall bear a
notation, by endorsement or otherwise, in form approved by the Agency, as to such
action. In that case, upon demand of -the Owner of ,any (Bond Outstanding at such
effective date and presentation of the applicable Bond for that purpose at the
office of the Fiscal Agent or at such other° office as the Agency may select and
designate for that purpose, a suitable notation shall be made on such Bond. The
Agency may determine that new Bonds, so modified as in the opinion of the Agency is
necessary to conform to such Bond Owners' action, shall be prepared, executed and
delivered. In that case, upon demand of the Owner of any Bonds then Outstanding,
such new Bonds shall be exchanged at the office of the Fiscal Agent in Los Angeles,
California„ without cost to any Bond Owner, for Bonds then Outstanding, upon
surrender of such Bonds.
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ARTICLE VIII
EVENTS OF DEFAULT AND REMEDIES OF BOND OWNERS
Section 8.01. Events of Default and Acceleration of Maturities. If one or
more of the following events ("events of default") shall happen, that is to say:
(1) if default shall be made in the due and punctual payment of the
principal of or redemption premium (if any) on any Bond when and
as the same shall become due and payable, whether at maturity as
therein expressed, by declaration or otherwi$e, and such default
shal 'I have continued for a period of thirty (30) days;
i
(2) if default shall be made in the due and punctual payment of any
installment of interest on any Bond when and as such interest
installment shall become clue and payable, and such default shall
have continued over• a period of thirty (30) days;
(3) if default shall be made by the Agency in the observance of any of
the covenants, agreements or conditions on its part in this
Resolution or in the Bonds contained, and such default shall have
continued for a period of ninety (90) days;
(4) if the Agency shall file a petition or answer seeking
reorganization or arrangement under the federal bankruptcy laws
or any other applicable law of the United States of America, or if
a court of competent jurisdiction shall approve a petition, filed
with or without the consent of the Agency, seeking reorganization
under the federal bankruptcy laws or any other applicable law of
the United States of America, or if, under the provisions of any
other law for the relief or aid of debtors, any court of competent
' jurisdiction shall assume custody or control of the Agency or of
the whole or any substantial part of its property; or
(5) if there shall occur a default under Section 501 of the
Participation Agreement, or a default under any guaranty executed
in respect of the obligations of the Participant (as defined in
the Participation Agreement) , the Agency or the Participant shall
exercise any right of termination of the Participation Agreement;
then, and in each and every such case during the continuance of such event of
default, the Fiscal Agent, upon notice in writing to the Agency, or the Owners of
not less than a majority in aggregate principal amount of the Bonds at the time
Outstanding, upon notice in writing to the Fiscal Agent and to the Agency, shall be
entitled to declare the principal of all of the Bonds then Outstanding, and the
interest accrued thereon, to be due and payable immediately, and upon any such
declaration the same shall become and shall be immediately due and payable,
anything in this Resolution or in the Bonds contained to the contrary
notwithstanding.
34
3:3(,'
This provision , however, is subject to the condition that if, at any time
after the principal of the Bonds shall have, been so declared due and payable, and
before any judgment or decree for the payment of the moneys due shall have been
obtained or entered, the Agency shall deposit with the Fiscal Agent a sum
sufficient to pay all principal on the Bonds matured prior to such declaration and
all matured installments of interest (if any) upon all the Bonds, with interest at
the rate of twelve percent (3.2%) per annum on such overdue installments of
principal , and the reasonable expenses of the Fiscal Agent, and any and all other
defaults known to the Fiscal Agent (other, than in the payment of principal of and
interest on the Bonds due and payable solely by reason of such declaration) shall
have been made good or cured to the satisfaction of the Fiscal Agent or provision
deemed by the Fiscal Agent to be adequate shall have been made therefor, then, and
in every such case, the Owners of at least a majority in aggregate principal amount
of the Bonds then Outstanding, by written notice to the Agency and to the Fiscal
Agent, may, on behalf of the Owners of all of the Bonds„ rescind and annul such
declaration and its consequences. However, , no such rescission and annulment shall
extend to or shall affect any subsequent default, or shall impair or exhaust any
right or power consequent thereon.
Section 8.02. Application of Funds Upon Acceleration. All of the Tax
Revenues and all sums in the funds and accounts provided for in Sections 3.03, 4.02
and 4.03 upon the date of the declaration of acceleration as provided in Section
8.01, and all sums thereafter received by the Fiscal Agent hereunder, shall be
applied by the Fiscal Agent 'in the order following upon presentation of the several
Bonds, and the stamping thereon of the payment if only partially paid, or upon the
surrender thereof if fully paid:
First, to the payment of the costs and expenses of the Fiscal Agent and of
the Bond Owners in declaring such event of default, including reasonable
compensation to its or their agents, attorneys and counsel ;
Second, in case the principal of the Bonds shall not have become due and
payable, to the payment of the interest in default in the order of the maturity of
the installments of such interest, with interest on the overdue installments at the
rate of twelve percent (12%) per annum (to the extent that such interest on overdue
installments shall have been collected) , such payments to be made ratably to the
persons entitled thereto without discrimination or preference; and
Third, in case the principal of the, Bonds shall have become and shall be
then due and payable, to the payment of the whole amount then owing and unpaid upon
the Bonds for principal and interest, with ,interest on the overdue principal and
installments of interest at the rate of twelve percent (12%) per annum (to the
extent that such interest on overdue installments of principal and interest shall
have been collected) , and in case such moneys shall be insufficient to pay in full
the whole amount so owing and unpaid upon the Bonds, then to the payment of such
principal and interest without preference or priority of principal over interest,
or interest over principal , or of any installment of interest over any other
installment of interest, ratably to the aggregate of such principal and interest.
Section 8.03. Other Remedies of Bond Owners. Any Bond Owner shall have
the right, for the equal benefit and protection of all Bond Owners similarly
situated-
35
:33't
( 1) by mandamus, suit, action or proceeding, to compel the Agency and
its members, officers, agents or employees to perform each and
every term, provision and covenant contained in this Resolution
and in the Bonds, and to require the carrying out of any or all
such covenants and agreements of the Agency and the fulfillment of
all duties imposed upon it by the Law;
(2) by suit, action or proceeding in equity, to enjoin any acts or
things which are unlawful , or the violation of any of the Bond
Owners' rights; or
(3) upon the happening of any event of default (as defined in Section
8.01), by suit, action or proceeding in any court of competent
jurisdiction, to require the Agency and its members and employees
to account as if it and they were the fiscal agents of an express
trust.
Section 8.04. Non-waiver. Nothing in this Article VIII or in any other
provision of this Resolution or in the Bonds, shall affect or impair the obligation
of the Agency, which is absolute and unconditional , to pay the principal of and
interest on the Bonds to the respective Owners of the Bonds at the respective dates
of maturity, as herein provided, or affect or impair the right of action, which is
also absolute and unconditional , of the Owners to institute suit to enforce such
payment by virtue of the contract embodied in the Bonds.
A waiver of any default by any Bond Owner shall not affect any subsequent
default or impair any rights or remedies on the subsequent default.. No delay or
omission of .any Owner of any of the Bonds to exercise any right or power accruing
upon any default shall impair any such right or power or shall be construed to be a
waiver of any such default or an acquiescence therein, and every power and remedy
conferred upon the Bond Owners by the Law or by this Article VIII may be enforced
' and exercised from time to time and as often as shall be deemed expedient by the
Owners of the Bonds.
If a suit, action or proceeding to enforce any right or exercise any remedy
be abandoned or determined adversely to the Bond Owners, the Agency and the Bond
Owners shall be restored to their former positions, rights and remedies as if such
suit, action or proceeding had not been brought or taken.
Section 8.05. Actions by Fiscal Agent as Attorney-in-_Fact. Any suit,
action or proceeding which any Owner of Bonds shall have the right to bring to
enforce any right or remedy hereunder may be brought by the Fiscal Agent for the
equal benefit and protection of all Owners of-,Bonds similarly situated and the
Fiscal Agent is hereby appointed (and the successive respective Owners of the Bonds
issued hereunder, by taking and holding the same, shall be conclusively deemed so
to have appointed it) the true and lawful attorney-in-fact of the respective Owners
of the Bonds for the purpose of bringing any such suit, action or proceeding and to
do and perform any and all acts and things for and on behalf of the respective
Owners of the Bonds as a class or classes, as may be necessary or advisable in the
opinion of the Fiscal Agent as such attorney-in-fact.
36
:3:3 ka
Section 8.06. Remedies Not Exclusive. No remedy herein conferred upon or
reserved to the Owners of Bonds is intended to be exclusive of any other remedy.
Every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing, at law or in equity or by
statute or otherwise, and may be exercised without exhausting and without regard to
any other remedy conferred by the Law or any other law.
37
ARTICLE IX
MISCELLANEOUS
Section 9.01. Benefits of Resolution Limited to Parties. Nothing in this
Resolution, expressed or implied, is intended to give to any person other than the
Agency, the Fiscal Agent and the Owners of the Bonds, any right, remedy, claim
under or by reason of this Resolution. Any covenants, stipulations, promises or
agreements in this Resolution contained by and on behalf of the Agency shall be for
the sole and exclusive benefit of the Owners of the Bonds, and the Fiscal Agent.
Section 9.02. Successor is Deemed Included in All References to
Predecessor. Whenever in this Resolution or any Supplemental Resolution either the
Agency or the Fiscal Agent is named or referred to, such reference shall be deemed
to include the successors or assigns thereof, and all the covenants and agreements
in this Resolution contained by or on behalf of the Agency or the Fiscal Agent shall
bind and inure to the benefit of the respective successors and assigns thereof
whether so expressed or not.
Section 9.03. Discharge of Resolution. If the Agency shall pay and
discharge the entire indebtedness on all Bonds Outstanding in any one or more of
the following ways:
(1) by well and truly paying or causing to be paid the principal of and
interest on all Bonds Outstanding, as and when the same become due and
payable;
(2) by depositing with the Fiscal Agent, in trust, at or before maturity,
money which, together with the amounts then on deposit in the funds and
accounts provided for in Sections 3.03, 4.02 and 4.03, is fully
sufficient to pay all Bonds Outstanding, including all principal ,
interest and redemption premiums, or;
' (3) by depositing with the Fiscal Agent, in trust, Federal Securities or
general obligation bonds of the State of California in such amount as
the Fiscal Agent shall determine will , together with the interest to
accrue thereon and moneys then on deposit in the funds and accounts
provided for in Section 3.03, 4.02 and 4.03, be fully sufficient to pay
and discharge the indebtedness on all Bonds (including all principal ,
interest and redemption premiums) at or before their respective
maturity dates;
and if such Bonds are to be redeemed prior to the maturity thereof notice of such
redemption shall have been given as in this Resolution provided or provision
satisfactory to the Fiscal Agent shall have been made for the giving of such
notice, then, at the election of the Agency, and notwithstanding that any Bonds
shall not have been surrendered for payment, the pledge of the Tax Revenues and
other funds provided for in this Resolution and all other obligations of the Agency
under this Resolution with respect to all Bonds Outstanding shall cease and
terminate, except only the obligation of the Agency to pay or cause to be paid to
the Owners of the Bonds not so surrendered and paid all sums due thereon; and
38
340
thereafter Tax Revenues shall not be payable to the Fiscal Agent. Notice of such
election shall be filed with the Fiscal Agent.
Any funds thereafter held by the Fiscal Agent, which are not required for
said purpose, shall be paid over to the Agency.
Section 9.04. Execution of Documents and Proof of Ownership by Bond
Owners. Any request, declaration or other instrument which this Resolution may
require or permit to be executed by Bond Owners may be in one or more instruments of
similar tenor, and shall be executed by Bond Owners in person or by their attorneys
appointed in writing .
Except as otherwise herein expressly provided, the fact and date of the
execution by any Bond Owner or his attorney of such request, declaration or other
instrument, or of such writing appointing such attorney, may be proved by the
certificate of any notary public or other officer authorized to take
acknowledgments of deeds to be recorded in the state in which he purports to act,
that the person signing such request, declaration or other instrument or writing
acknowledged to him the execution thereof, or by an affidavit of a witness of such
execution, duly sworn to before such notary public or other officer.
Except as otherwise herein expressly provided, the amount of Bonds
transferable by delivery held by any such person executing such request,
declaration or other instrument or writing as a Bond Owner, and the numbers
thereof, and the date of his holding such Bonds, may be proved by a certificate,
which need not be acknowledged or verified, satisfactory to the Fiscal Agent,
executed by a trust company, bank or other depositary wherever situated, showing
that at the date therein mentioned such person had on deposit with such depositary
or exhibited to it the Bonds described in such certificate. Continued ownership
after the date of deposit stated in such certificate may be proved by the
presentation of such certificate if the certificate contains a statement by the
depositary that the Bonds therein 'referred to will not be surrendered without the
surrender of the certificate to the depositary, except with the consent of the '
Fiscal Agent. The Fiscal Agent may nevertheless in its discretion require further
or other proof in cases where it deems' the same desirable. The ownership of
registered Bonds and the amount, maturity, number and date of holding the same
shall be proved by the registry books.
Any request, declaration or other instrument or writing of the Owner of any
Bond shall bind all future Owners of such Bond in respect of anything done or
suffered to be done by the Agency or the Fiscal Agent in good faith and in
accordance therewith.
Section 9.05. Waiver of Personal Liability. No member, officer, agent or
employee of the Agency shall be individually or personally liable for the payment
of the principal of or interest on the Bonds; but nothing herein contained shall
relieve any such member, officer, agent or employee from the performance of any
official duty provided by law.
Section 9.06. Publication for Successive Weeks. Any publication to be
made under the provisions of this Resolution in successive weeks may be made in
39
:34 i
each instance upon any business day of the week and need not be made on the same day
of any succeeding week or in the same newspaper for any or all of the successive
publications, but may be made on different days of the week and in different
newspapers.
Section 9.07. Destruction of Cancelled Bonds. Whenever in this Resolution
provision is made for the surrender to the Agency of any Bonds which have been paid
' or cancelled pursuant to the provisions of this Resolution, a certificate of
destruction duly executed by the Fiscal Agent shall be deemed to be the equivalent
of the surrender of such cancelled Bonds and the Agency shall be entitled to rely
upon any statement of fact contained in any certificate with respect to the
destruction of any such Bonds therein referred to.
Section 9.08. Notices and Demands on Agency. Any notice or demand which
by any provision of this Resolution is required or permitted to be given or served
by the Fiscal Agent to or on the Agency may be given or served by being deposited
postage prepaid in a post office letter box addressed (until another address is
filed by the Agency with the Fiscal Agent) as follows: Secretary, Community
Redevelopment Agency of the City of Palm Springs, City Hall , 3200 Tahquitz-McCallum
Way, Palm Springs, California 92262.
Section 9.09. Partial Invalidity. If any Section, paragraph, sentence,
clause or phrase of this Resolution shall for any reason be held illegal , invalid
or unenforceable, such holding shall not affect the validity of the remaining
portions of this Resolution. The Agency hereby declares that it would have adopted
this Resolution and each and every other Section, paragraph, sentence, clause or
phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective
of the fact that any one or more Sections, paragraphs, sentences, clauses, or
phrases of this Resolution may be held illegal , invalid or unenforceable. If, by
reason of the ,judgment of any court, the Fiscal Agent. is rendered unable to perform
its duties hereunder, all such duties and all of the rights and powers of the Fiscal
' Agent hereunder shall be assumed by and vest in the Treasurer of .the Agency in trust
for the benefit of the Bond Owners. The Agency covenants for the direct benefit of
the Bond Owners that its Treasurer in such case shall be vested with all of the
rights and powers of the Fiscal Agent hereunder, and shall assume all of the
responsibilities and perform all of the duties of the Fiscal Agent hereunder, in
trust for the benefit of the Bonds.
Section' 9. 10. Effective Date of Resolution. This Resolution shall take
effect from and after the date of its passage and adoption. f
40
x 34
SECRETARY' S CERTIFICATE
I, Secretary of the Community
Redevelopment Agency of the City of Palm Springs, hereby certify as follows:
The foregoing is a full , true and correct copy of a resolution duly adopted
at a regular meeting of the members of the Community Redevelopment Agency of the
City of Palm Springs, regularly and legally held at the regular meeting place
thereof on December 6, 1983, of which meeting all. of said members had due notice and
at which at least a majority thereof were present; and at which said resolution was
adopted by the following vote:
AYES:
NOES:
ABSENT:
I have carefully compared the foregoing with the original minutes of said
meetings on file and of record in my office, and the foregoing is a full , true and
correct copy of the original resolution adopted at said meeting; and
Said original resolution has not been further amended, modified and
rescinded, and the same is now in full force and effect.
Dated: December _, 1983
Secretary
Community Redevelopment Agency
of the City of` Palm Springs
41
:i
Res. 181-A
Page 42
ADOPTED this 7th day of December 1983.
AYES: Members Poster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY RECEDEVELOPMENTeAVNCY —
of the City of Palm Springs _
D— �— f
Assi ant Secretary Chairman l'
REVIEWED & APPROVED
34-1
RESOLUTION NO.182
RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
AND DIRECTING THE SALE OF NOT TO EXCEED $8,250,000
PRINCIPAL AMOUNT OF COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS CENTRAL BUSINESS
DISTRICT REDEVELOPMENT PROJECT TAX ALLOCATION
BONDS, 1984 SERIES A, ADOPTING OFFICIAL NOTICE OF
SALE, ADOPTING OFFICIAL STATEMENT AND AUTHORIZING
OFFICIAL ACTION.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
has heretofore duly adopted its resolution authorizing the issuance of
-its Community Redevelopment Agency of the City of Palm Springs Central
Business District Redevelopment Project Tax Allocation Bonds, 1984 Series
A, in the principal amount of not to exceed $8,250,000 (the "Bonds") and
it is desirable that the Bonds be offered for public sale at this time;
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs, as follows:
Section 1 . Authorization of Sale. Tuesday, January 17, 1984, at the hour
of 11 :00 a.m. Pacific Time) is hereby fixed as the time, and
the office of Jones, Hall , Hill & White, A Professional Law
Corporation, Four Embarcadero Center, Suite 1950, San Francisco,
California 94111, is hereby fixed as the place at which bids
will be received for the purchase of the (Bonds, as described
in and subject to the terms and conditions of the Official
Notice of Sale hereinafter set forth.
Section 2. Official Notice of Sale. The Secretary of the Agency is hereby
authorized and directed to publish the Offical Notice of Sale
of the Bonds one time in a newspaper of general circulation
published in the City of Palm Springs, such publication to
be not later than January, 12, 1984. Such notice shall be
substantially in the form attached hereto as Exhibit A and
by this reference incorporated herein,, together with any changes
deemed advisable by the Executive Director, upon consultation
with Birr, Wilson & Co. , Inc. , as financing consultants (the
"Financing Consultant") to the Agency, and Jones, Hall , Hill
& White, A Professional Law Corporation, .as bond counsel to
the Agency.
Section 3. Publication of Notices. Jones, Ila11 , Hi II & White, A
Professional Law Corporation, is hereby authorized and directed
to publish notice of intention to sell the Bonds one time in
The Wall Street Journal or The Bond Buyer on behalf and at
the expense of the Agency, such publication to be no later
than January 2, 1984. Such notice shall be substantially in
the form attached hereto as Exhibit B and by this reference
incorporated herein, together with any changes deemed advisable
by the Executive Director upon consultation with Jones, Hall ,
Hill & White, A Professional Law Corporation.
Section 4. Execution of Documents. The Chairman, the Executive Director,
the Secretary, the Treasurer and any and all other officers
of the Agency are each authorized and directed in the name
and on behalf of the Agency, to make any and all certificates,
requisitions, agreements, notices, consents, warrants, and
other documents, which they or any of them might deem necessary
or appropriate in order to' consummate the lawful issuance ,
sale and delivery of the Bonds to the original purchaser thereof.
}4 C1
Resolution 182
ADOPTED this 7tb day of December 1983
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CA `. ORN,IA
By
As: Secretary CMairman�
REVIEWED & APPROVED: j6C a /
L�
3`tE) 1
EXHIBIT A
OFFICIAL NOTICE OF SALE
NOT TO EXCEED $8,250,000
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
TAX ALLOCATION BONDS, 1984 SERIES A
NOTICE IS HEREBY GIVEN that sealed proposals will be received by a
representative of the Community Redevelopment Agency of the City of Palm Springs
(the "Agency") , at the office of Jones Hall Hill & White, A Professional Law
Corporation, Four Embarcadero Center, Suite 1950, San Francisco, California 94111,
on
TUESDAY, JANUARY 17, 1984
at 11:00 a.m. (Pacific Time) for the purchase of not to exceed $8,250,000 principal
amount of bonds of the Agency designated the "Community Redevelopment Agency of the
City of Palm Springs Central Business District Redevelopment Project Tax Allocation
Bonds, 1984 Series A" (the "Bonds") to be issued under the provisions of Resolution
No. of the Agency adopted on December 7 , 1983 (the "Resolution") and
pursuant to the Community Redevelopment Law of the State of California (being Part
I of Division 24 of the California Health and Safety Code). The Bonds are more
particularly described in the Resolution (which is incorporated herein by
reference) and copies thereof will be furnished to any interested bidder upon
request. The Bonds are described as follows:
ISSUE: The Bonds are to be issued in fully registered form in denominations
of $5,000 or authorized integral multiples thereof, to be dated as provided in the
Resolution. Additional Bonds may be issued pursuant to the Resolution, but only
subject to the limitations and conditions set forth in the Resolution.
MATURITIES: The Bonds will mature on February 1 in each of the years, and in
the amounts, as follows:
Maturity Date Principal Maturity Date Principal
February 1 Amount February 1 Amount
1984 $200,000 1994 $365,000
1985 150,000 1995 405,000
1986 165,000 1996 450,000
1987 185,000 1997 495,000
1988 200,000 1998 545,000
1989 225,000 1999 605,000
1990 245,000 2000 665,000
1991 270,000 2001 735,000
EXHIBIT A - to Resolution 182
1
347
1992 300,000 2002 815,000
1993 330,000 2003 900,000
REDEMPTION: Bonds maturing on or before February 1, 1994, are not subject
to redemption before their respective stated maturities. Bonds maturing on or
after February 1, 1995, are subject to redemption prior to their respective stated
maturities, as a whole, or in part in inverse order of maturity and by lot within a
maturity, from any source of available funds at the option of the Agency, on any
interest payment date on or after February 1, 1994, at the principal amount thereof
together with accrued interest thereon to the date fixed for redemption, plus a
premium (expressed as a percentage of the principal amount of Bonds to be redeemed)
as set forth in the following table:
Redemption Dates Redemption
(Dates Inclusive) Premium
PAYMENT: Both principal and interest are payable in lawful money of the
United States of America at the principal corporate trust office of
, the Fiscal Agent, in Los Angeles, California.
PURPOSE: The proceeds of the sale of the Bonds are to be applied to finance
the cost of redevelopment the Central Business District Redevelopment Project, a
duly designated community redevelopment project in the City of Palm Springs,
California.
SECURITY: The Bonds (together with bonds of any additional series issued
under and subject to the conditions of the Resolution) are special obligations of
' the Agency and are payable solely from and are secured by a first and exclusive
pledge of the Tax Revenues (as such term is defined in the Resolution) and by a
pledge of the Reserve Account established by the Resolution. The Bonds are not
obligations of the City of Palm Springs. The Agency has no direct power of taxation
and cannot control the rate of taxation imposed by taxing agencies upon property in
the project area. Bidders should be aware of certain factors affecting the
availability and amount of the Tax Revenues in amounts and at times sufficient to
pay the Bonds, and bidders are referred to the Resolution and to the official
statement for further particulars.
TAX EXEMPT STATUS: In the opinion of Jones Hall Hill & White, A
Professional_ Law Corporation, bond counsel to the Agency, interest on the Bonds is
exempt from federal and State of California personal income taxation under existing
laws, regulations, rulings and judicial decisions. In the event that prior to the
delivery of the Bonds (a) the interest on other obligations of the same type and
character shall be declared to be taxable (either at the time of such declaration
or at any future date) under any federal income tax laws, either by the terms of
such laws or by ruling of a federal income tax authority or official which is
followed by the Internal Revenue Service, or by decision of any federal court, or
EXHIBIT A - to Resolution 182
2
.348
(b) any federal income tax law is adopted which will have a substantial adverse
effect upon holders of the Bonds as such, the successful bidder may, at his option,
prior to the tender of the Bonds, be relieved of his obligation under the contract
to purchase the Bonds, and in such case the deposit accompanying his bid will be
returned.
LEGAL OPINION: The legal opinion of Jones Hall Hill & White, A Professional
Law Corporation, San Francisco, California, approving the validity of the Bonds,
will be furnished to the successful bidder without cost. A copy of the legal
opinion, certified by the official in whose office the original is filed, will be
printed on each Bond without charge to the successful bidder.
TERMS OF SALE
FORM OF BID; MAXIMUM DISCOUNT: All bids must be for not less than all of the
Bonds hereby offered for sale and for not less than ninety-five percent (95%) of
the par value thereof and accrued interest to date of delivery. The amount of any
discount specified in any bid shall not exceed five percent (5%) of the aggregate
principal amount of the Bonds. Each bid, together with bidder' s check, must be
enclosed in a sealed envelope addressed to the Agency with the envelope and bid
clearly marked "Proposal for Purchase of Community Redevelopment Agency of the City
of Palm Springs Central Business District Redevelopment Project Tax Allocation
Bonds, 1984 Series A" . Each bid must be in accordance with the terms and conditions
set forth in this notice. Bids may be mailed or delivered to the Agency, in care of
the Executive Director of the Agency at the address mentioned above, but must be
received by the date and time of sale set forth above.
INTEREST RATE: The maximum rate bid may not exceed twelve percent (12%) per
annum. Interest on the Bonds is payable on August 1, 1984, and thereafter
semiannually on February 1 and August 1 in :each year. Bidders must specify the rate
or rates of interest which the Bonds shall bear. Bidders will be permitted to bid
different rates of interest; but (i) the maximum differential between the highest
and lowest interest rates specified in any bid shall not exceed two percent per
annum; (ii ) each interest rate specified in any bid must be in a multiple of one-
twentieth of one percent per annum; (iii ) the interest rate bid for any maturity of
the Bonds shall be equal to or greater than the interest rate bid on any preceeding
maturity of the Bonds; (iv) no Bond shall bear more than one rate of interest; (v)
interest on each Bond shall be computed from its date to its stated maturity date at
the interest rate specified in the bid; (vi) all Bonds maturing at any one time
shall bear the same rate of interest; and (vii) any premium must be paid as part of
the purchase price, and no bid will be accepted which contemplates the cancellation
of any coupons, or the waiver of any interest or other concession by the bidder as a
substitute for payment in full of the purchase price.
BEST BID: The Bonds will be awarded to the best responsible bidder,
considering the interest rate or rates specified and the discount bid or premium
offered, if any. The best bid will be determined by deducting the amount of the
premium bid (if any) from, and adding the amount of the discount bid (if any) to,
the total amount of interest which would be required to be paid on all Bonds from
February 1, 1984, to their respective maturity dates at the interest rate or rates
EXHIBIT A - to Resolution 182
3
'34 9
specified in the bid, and the award will be made on the basis of the lowest net
interest cost. The purchaser must pay accrued interest, computed on a 360-day year
basis, from the date of the Bonds to the date of delivery. The cost of printing the
Bonds wi 11 be borne by the Agency.
RIGHT OF REJECTION: The Agency reserves the right, in its discretion, to
reject any and all bids and to waive any irregularity or informality in the bid.
PROMPT AWARD: The Agency has authorized the Executive Director to accept
the best bid for the Bonds, determined in accordance hereiwth, not later than
twenty-six (26) hours after the expiration of the time herein prescribed for the
receipt of bids, unless such time of award is waived by the successful bidder
subject to the right of the Agency to reject all bids within such time. Notice of
the award will be given promptly to the successful bidder.
DELIVERY AND PAYMENT: Delivery of the Bonds will be made to the successful
bidder in Los Angeles, California, as soon as the Bonds can be prepared, which it is
estimated will be within 30 days from the sale date. Payment for the Bonds must be
made in Federal Reserve Bank funds or other funds immediately available to the
Agency in Los Angeles, California. Any expense providing immediately available
funds, whether by transfer of Federal Reserve Bank funds or otherwise, shall be
borne by the purchaser.
RIGHT OF CANCELLATION: The successful bidder shall have the right, at its
option, to cancel the contract of purchase if the Agency shall fail to execute the
Bonds and tender the same for delivery within 60 days from the date of sale thereof,
and in such event the successful bidder shall be entitled to the return of the
deposit accompanying his bid.
BID CHECK: A certified or cashier' s check drawn on a bank or trust company
having an office in Los Angeles, California, in the amount of $80,000 payable to
the order of the Agency, must accompany each proposal as a guaranty that the
bidder, if successful , will accept and pay for the Bonds in accordance with the
' terms of his bid. The check accompanying any accepted proposal shall be applied on
the purchase price. If after the award of the Bonds the successful bidder fails to
complete his purchase on the terms stated in his proposal , the check will be cashed
and the amount thereof retained by the Agency. The check accompanying each
unaccepted proposal will be returned promptly. No interest will be paid upon the
deposit made by any bidder.
STATEMENT OF NET INTEREST COST: Each bidder is requested, but not required,
to state in his bid the total net interest cost in dollars and the percentage net
interest cost determined thereby, which shall be considered as informative only and
not binding on either the bidder or the Agency.
NO LITIGATION: There is no litigation pending concerning the validity of
the Bonds, the corporate existence of the Agency or the City of Palm Springs or the
entitlement of the officers thereof to their respective offices, and the successful
bidder will be furnished a no-litigation certificate certifying to the foregoing as
of and at the time of delivery of the Bonds.
EXHIBIT A - to Resolution 182
4
CUSIP NUMBERS: It is anticipated that CUSIP numbers will be printed on the
Bonds, but neither failure to print such numbers on any Bonds nor any error with
respect thereto shall constitute cause for a failure or refusal by the purchaser
thereof to accept delivery of and pay for the Bonds in accordance with the terms of
the purchase contract. All expenses in relation to the printing of CUSIP numbers
on the Bonds shall be paid for by the Agency; provided, however, that the CUSIP
Service Bureau charge for the assignment of said numbers shall be the
responsibility of and shall be the responsibility of and shall be paid for by the
purchaser.
OFFICIAL STATEMENT: The Agency has adopted an official statement relating
to the Bonds. A copy of said official statement and any other information
concerning the proposed financing will be furnished upon request to the financial
consultants of the Agency, Birr, Wilson & Co. , Inc. „ 155 Sansome Street, San
Francisco, California 94104, telephone (415) 983-7700.
CERTIFICATE: The Agency will deliver to the purchaser of the Bonds a
certificate of an official of the Agency, dated the date of Bond delivery, stating
that as of the date thereof, to the best of the knowledge and belief of said
official , the official statement does not contain an untrue statement of a material
fact or omit to state any material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading, and
further certifying that the signature knows of no material adverse change in the
condition of the Agency which would make it unreasonable for the purchaser of the
Bonds to rely upon the official statement in connection with the resale of the
Bonds. 200 copies of the official statement will be supplied to the purchaser of
the Bonds for this purpose at the expense of the Agency.
Dated: December 7, 1983
Executive Director
Community Redevelopment Agency
of the City of Palm Springs
EXHIBIT A - to Resolution 182
5
EXHIBIT B
NOTICE OF INTENTION TO SELL BONDS
NOT TO EXCEED $8,250,000
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
TAX ALLOCATION BONDS, 1984 SERIES A
NOTICE IS HEREBY GIVEN that sealed proposals will be received by a
representative of the Community Redevelopment Agency of the City of Palm Springs at
the offices of Jones Hall Hill & White, A Professional Law Corporation, Four
Embarcadero Center, Suite 1950, San Francisco, California 94111 , on
TUESDAY, JANUARY 17, 1984
at 11 :00 a.m. (Pacific Time) for the purchase of not to exceed $8,250,000 principal
amount of bonds of said Agency designed the "Community Redevelopment Agency of the
City of Palm Springs Central Business District Redevelopment Project Tax Allocation
Bonds, 1984 Series A" (the "Bonds"). The Bonds will be dated February 1, 1984, and
shall bear interest from their date at the rate or rates to be fixed upon the sale
thereof. The Agency has caused to be prepared an Official Notice of Sale and an
Official Statement for the Bonds, copies of which will be furnished on request made
to Birr, Wilson & Co. , Inc. , 155 Sansome Street, San Francisco, California 94104,
telephone (415) 983-7700, financial consultants to the Agency.
Dated: December 7, 1983
/s/
Secretary
Community Redevelopment Agency of the
City of Palm Springs
EXHIBIT B - to Resolution 182
1
i
352
RESOLUTION NO. 183
RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
LITIGATION TO COMPEL THE SECRETARY Of: THE AGENCY
TO PUBLISH A NOTICE OF THE SALE OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
TAX ALLOCATION BONDS, 1984 SERIES A
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
has heretofore adopted its resolution authorizing and directing the sale
of not to exceed $8,250,000 principal amount of Community Redevelopment
Agency of the City of Palm Springs Central Business District Redevelopment
Project Tax Allocation Bonds, 1984 Series A, pursuant to which the Agency
has directed the Secretary of the Agency to publish the Official Notice
of Sale relating to the Bonds; and
WHEREAS the Secretary of the Agency, although being -in favor of the Agency
proceeding with the issuance of the Bonds, has respectfully refused to
publish the Official Notice of Sale relating to the Bonds on the grounds
that it is, or may be, invalid;
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency it is
hereby found, determined and ordered as Follows:
Section 1 . McDonough, Holland & Allen, legal counsel to the Agency, is
hereby authorized and directed to institute and carry to
conclusion an appropriate legal action to compel the Secretary
of the Agency to publish the Official Notice of Sale referrefd
to herein.
Section 2. This Resolution shall take effect from and after the date of
its passage and adoption.
ADOPTED this 7th day of December 1983.
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
�AsstSecretary Chairm'an '`/
REVIEWED & APPROVED:
-1 l� l
RESOLUTION NO. 184
OF THE REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING AGREEMENTS WITH
OLIVER, STOEVER & LASKIN; DESMOND & MARCELLO;
J. A. GALLAGHER & ASSOCIATES; GEORGE FISHER:
AND MYERS AND ASSOCIATES; ALL IN CONNECTION
WITH THE ACQUISITION OF PROPERTIES AND BUSINESSES
AND RELOCATION OF TENANTS IN THE FASHION PLAZA
EXPANSION PROJECT.
WHEREAS the City Council has designated themselves as a Community
Redevelopment Agency and taken the necessary action in accordance with state
law to initiate a redevelopment program for the downtown area; and
WHEREAS the Agency has entered into a Disposition and Development Agreement
with North Plaza Associates which involves the acquisition and disposition
of land in Block 4 of the Central Business District redevelopment project;
and
WHEREAS there is a need to retain professional services in anticipation
of court action and provide relocation advice to tenants;
NOW THEREFORE BE IT RESOLVED, that the Redevelopment Agency of the City
of Palm Springs hereby approves Agreements with Oliver, Stoever & Laskin;
Desmond & Marcello; J. A. Gallagher & Associates; George Fisher and Myers
' & Associates; for professionsl services related to litigation, appraisal
and relocation activities in connection with the Fashion Plaza Expansion
Project.
ADOPTED this 7th day of December 1983.
AYES: Members Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CAL-1-FO,RNIA
By
Assr�Secretary Chairman
I�
REVIEWED & APPROVED ���.�
T5 I
RESOLUTION NO. 185
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING THE COOPERATIVE
AGREEMENT WITH THE COACHELLA VALLEY WATER DISTRICT
REGARDING THE DISPOSITION OF TAX INCREMENT REVENUE
FROM THE RAMON-BOGIE REDEVELOPMENT PROJECT AREA.
- - - - - - - - - -
WHEREAS, the Agency propose to undertake certain redevelopment activities
in the Ramon-Bogie Redevelopment Project Area pursuant to the Community
Redevelopment Law, in the interests of the health, safety, and general
welfare of the people of the City of Palm Springs; and
WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency ,with teVri,tory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate to
alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS, the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the Ramon-Bogie
Redevelopment Project Area and to alleviate any financial burden or detriment
caused to the District bysuch redevelopment activities; and
WHEREAS, the Agency has found and determined that it would be appropriate
to alleviate any financial burden or detriment caused by the District by
the redevelopment activities by providing that the District shall receive
a portion of the tax revenues generated within the Ramon-Bogie Redevelopment
Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the Coachella Valley Water District
(hereinafter referred to as District) for the allocation of
tax increment from the Ramon-Bogie Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment revenues
generated from the Ramon-Bogie Redevelopment Project Area each
year the District shall receive a percentage of the District
Tax Revenues in the amounts specified as follows:
a. Ten percent ( 10%) of the District Tax Revenue for the first
five million dollars of cumulative Total Tax Increment.
b. Twenty-five percent (25%) of the District lax Revenue for
the second five million dollars of cumulative Total Tax
Increment ($5,000,001-$10,000,000).
c. Fifty percent (50%) of the District Tax Revenue for the
third five million dollars of cumulative Total Tax Increment
($10,000,001-$15,000,000).
d. Sixty percent (60%) of the District Tax Revenue for the
fourth five million dollars of cumulative Total Tax Increment
($15,000,001420,000,000).
i
e. Seventy-five percent ', (75%) of the District Tax Revenue
for the fifth five million dollars of cumulative Total
Tax Increment ($20,000,001425,000,000).
f. One hundred percent ', (100%) of the District Tax Revenue
thereafter.
Section 3. Allocation of lax Revenues from Project Areas . The parties
agree that the allocation of taz revenues under this Agreement
shall apply to the Ramon-Bogie Redevelopment Project Area of
the Redevelopment Plan commencing with the Base Year.
Section 4. Commencement of Payment-,- The obligation of the Agency that
the District sshall rece ive payments under this Agreement shall
commence in the first fiscal year in which tax revenues are
allocated to the Agency.
Section 5. Allocat_ion of Financial Burden. The parties agree that the
amount received by the District pursuant to this Agreement
is appropriate to alleviate any financial burden or detriment
caused to the District by the implementation of the Redevelopment
Plans.
ADOPTED this 21st day of December 1983.
AYES: Members Doyle, Smith, Maryanov and ,Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN : Member Foster
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Chairman
REVIEWED b APPROVED:___Kg -z_ 4 _
RESOLUTION NO. 186
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
THE ISSUANCE OF BONDS OR ENTERING INTO OF FINANCING
AGREEMENTS FOR THE PURPOSE OF FINANCING PARKING
STRUCTURES AND RELATED FACILITIES TO BE CONSTRUCTED
AND DEVELOPED BY NORTH PLAZA ASSOCIATES AND SOUTH
PLAZA ASSOCIATES.
WHEREAS the Community Redevelopment Agency of the City of Palm Springs
is authorized to issue and sell its bonds for the purpose of financing
the improvement of commercial structures located within redevelopment
project areas of the Agency, and to enter into installment sale agreements
for such purposes; and
WHEREAS North Plaza Associates and South Plaza Associates (the "Developers")
have requested the Agency to issue and sell its bonds or enter into
installment sale agreements for the purpose of financing the acquisition ,
construction and improvement of a parking structure, landscaping, landscape
sculpture court, together with related structures and auxiliary facilities
(the "Project") to be acquired, improved and constructed by the Developers
in the Central Business District Redevelopment Project Area of the Agency,
and the Agency wishes to induce the Developers to acquire, construct and
improve the Project in said area; and
WHEREAS it is in the public interest for public benefit and in furtherance
of the public purposes of the Agency that the Agency authorize such
financing for the aforesaid purposes:
NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs that it is hereby found, determined and ordered
as follows:
Section 1 . The Community Redevelopment Agency of the City of Palm Springs
hereby authorizes the financing by the Agency in a principal
amount of not to exceed Twenty Million Dollars ($20,000,000)
for the purpose of providing permanent and/or construction
financing to the Developers, their successors and assigns,
for the acquisition , construction and improvement of the Project
to be located in the City in the area bounded by Amado Road
on the north, Belardo Road and Museum Drive on the west,
Tahquitz-McCallum Way on the south, and North Palm Canyon
Drive on the east.. It is presently proposed that the
obligations of the Agency under any financing shall be payable
solely from the revenues to be derived by the Agency from
the Project. The term "financing" as used herein means any
of the following: (1 ) the issuance of bonds or other
obligations of the Agency under the Community Redevelopment
Law (constituting Part 1 of Division 24 of the California
Health & Safety Code) ; or (2) the entering into of one or
more installment sale agreements under the Community
Redevelopment Law with respect to the Project for the permanent
and/or construction financing thereof pursuant to said Law.
Section 2. Any such financing shall be upon such terms and conditions
as may be mutually agreed upon by the Agency, the Developers
and the purchaser of Agency obligations and shall be authorized
by resolution of the Agency at a meeting duly held and conducted
for such purpose.
35)"i
Resolution 186
Section 3. The proceeds of any such financing shall include such related
' and necessary issuance expenses, administrative costs, debt
service reserves and interest payments as may be required
to accomplish successfully the financing.
ADOPTED this 21st day of December 1983.
AYES: Members Foster,Smith, Maryanov and Chairman Bogert
NOES: None
ABSENT: None
ABSTAIN: Member Doyle
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFO5,NIA
By
ks-- ant Secretary Chairman
REVIEWED & APPROVED
35 S
RESOLUTION NO. 187
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
AN INCREASE IN AGREEMENT NO. 47 WITH IONIC
CONSTRUCTION COMPANY IN THE AMOUNT OF $2560.
WHEREAS the City Council has designated itself as a Community Redevelopment
Agency and taken the necessary action in accordance with State Law to
initiate a redevelopment program in the downtown area; and
WHEREAS by Resolution No. 138 the Agency awarded contract to ionic
Construction Company for demolition of structures in Block Two and at
the corner of Cahuilla Road and West Tahquitz Drive; and
WHEREAS by Resolution No. 164 the Agency amended the contract to Ionic
Construction Company to include the removal of the north driveway at the
Texaco Service Station;
NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA does hereby resolve that the Executive Director be
authorized to approve an increase of the contract with Ionic Construction
Company in the amount of $2,560 for the removal and replacement of the
driveway at the Morrison property.
ADOPTED this 21st day of December 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Assistant Secretary Chairman ,_ 7
REVIEWED & APPROVED Jeg'�-
359
RESOLUTION NO. 188
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE RIVERSIDE
COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT REGARDING THE DISPOSITIION OF TAX
INCREMENT REVENUE FROM THE RAMON-BOGIE
REDEVELOPMENT PROJECT AREA.
WHEREAS the City and Agency propose to undertake certain redevelopment
activities in the Ramon-Bogie Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health, safety,
and general welfare of the people of the City 'of Palm Springs; and
WHEREAS the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate
to alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the Ramon-Bogie
Redevelopment Project Area and to alleviate any financial burden or
detriment caused to the Riverside County Flood Control & Water Conservation
District by such redevelopment activities; and
' WHEREAS the Agency and City have found and determined that it would be
appropriate to alleviate any financial burden or detriment caused to the
District by the redevelopment activities by providing that the District
shall receive a portion of the tax revenues generated within the
Ramon-Bogie Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the Riverside County Flood Control & Water
Conservation District for the allocation of tax increment
from the Ramon-Bogie Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the Ramon-Bogie Redevelopment
Project Area each year the District shall receive a percentage
of the District Tax Revenues in the amounts specified as
follows:
a. For the first five (5) years from the time the Agency
receives its first tax increment allocation, 100% of the
District share shall be allocated to Agency.
' b. Beginning with the sixth year, 50% of the District share,
without regard to Section 33487 of the Health & Safety
Code of the State of California (20% set aside for low
and moderate income housing) shall be allocated to District,
and the remainder shall be allocated to Agency, until
such time as the tax increment received by the Agency
from the District share equals the cost of flood control
improvements to be installed by the Agency.
c. Thereafter, through the life of the Plan, 100% of the
District share shall be allocated to District.
360
Resolution 188
Section 3. Master Drainage Plan Facility Construction. Agency shall
allocate a portion of Project proceeds toward the construction
of critically needed master drainage plan facilities that
benefit the Project area and said funds shall be transferred
to District. District will augment said revenue with Zone
6 and valorem taxes, Zone 6 benefit assessment revenues,
developer fees or other , sources that may be made available
to construct the facilities.
Section 4. Project Maintenance. District shall maintain any flood control
facilities constructed by District.
Section 5. Effective Date and Term. This Agreement shall become effective
upon the effective date of the Ordinance of the City Council
adopting the Redevelopment Plan and shall remain in effect
during the term of the Plan.
ADOPTED this 21st day of ____ December _ 1983.
AYES: Members Doyle, Foster, Maryanov, Smith and Chairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
Y CITY OF PALM SPRINGS,, CAL-YFORNIA,
By �
Assikfant Secretary Chairmafix,
REVIEWED & APPROVED 2
�C
RESOLUTION NO. 189
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE COOPERATIVE AGREEMENT WITH THE RIVERSIDE
COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT REGARDING THE DISPOSITIION OF TAX
INCREMENT REVENUE FROM THE SOUTH PALM CANYON
REDEVELOPMENT PROJECT AREA.
WHEREAS the City and Agency propose to undertake certain redevelopment
activities in the South Palm Canyon Redevelopment Project Area pursuant
to the Community Redevelopment Law, in the interests of the health, safety,
and general welfare of the people of the City 'of Palm Springs; and
WHEREAS the Community Redevelopment Law authorizes redevelopment agencies
to provide that any taxing agency with territory located within a project
area, other than the community which has adopted the project, may receive
an amount of money which in the Agency's determination is appropriate
to alleviate any financial burden or detriment caused to any taxing agency
by a redevelopment project; and
WHEREAS the parties wish to enter into a cooperative agreement to provide
mutual aid and assistance in the redevelopment of the South Palm Canyon
Redevelopment Project Area and to alleviate any financial burden or
detriment caused to the Riverside County Flood Control & Water Conservation
District by such redevelopment activities; and
WHEREAS the Agency and City have found and determined that it would be
' appropriate to alleviate any financial burden or detriment caused to the
District by the redevelopment activities by providing that the District
shall receive a portion of the tax revenues generated within the South
Palm Canyon Redevelopment Project Area;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS does
hereby resolve as follows:
Section 1 . Enter Into Agreement. Direct the Agency Chairman to enter
into agreement with the Riverside County Flood Control & Water
Conservation District for the allocation of tax increment
from the South Palm Canyon Redevelopment Project Area,
incorporating the terms as set forth below.
Section 2. Allocation of Tax Revenues. From the total tax increment
revenues generated from the South Palm Canyon Redevelopment
Project Area each year the District shall receive a percentage
of the District Tax Revenues in the amounts specified as
follows:
a. For the first five (5) years from the time the Agency
receives its first tax increment allocation, 100% of the
District share shall be allocated to Agency.
' b. Beginning with the sixth year, 50% of the District share,
without regard to Section 33487 of the Health & Safety
Code of the State of California (20% set aside for low
and moderate income housing) shall be allocated to District,
and the remainder shall be allocated to Agency, until
such time as the tax increment received by the Agency
from the District share equals the cost of flood control
improvements to be installed by the Agency.
c. Thereafter, through the life of the Plan, 100% of the
District share shall be allocated to District.
Resolution 189
Section 3. Master Drainaqe Plan Facility Construction. Agency shall
allocate a portion of Project proceeds Loward the construction
of critically needed master drainage plan facilities that
benefit the Project area and said funds shall be transferred
to District. District will augment said revenue with Zone
6 and valorem taxes, Zone 6 benefit assessment revenues,
developer fees or other 'sources that may be made available
to construct the facilities.
Section 4. Project Maintenance. District shall maintain any flood control
facilities constructed by District.
Section 5. Effective Date and Term. This Agreement shall become effective
upon the effective date of the Ordinance of the City Council
adopting the Redevelopment Plan and shall remain in effect
during the term of the Plan.
ADOPTED this 21st day of December 1983.
AYES: Members Doyle, Roster, Maryanov, Smith andChairman Bogert
NOES: None
ABSENT: None
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
F(SL�ia)�-D
CITY OF PALM SPRINGS, C RNIA
By
As Secretary Cha,itirian
REVIEWED & APPROVED_���' �