HomeMy WebLinkAboutC33180A - Hotel El Paseo LLC - TOT PymntsCONTRACT NO. C33180A
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZATION TO EXECUTE THE "PLEDGE OF PAYMENTS
UNDER REIMBURSEMENT AGREEMENT" ASSIGNING HOTEL El
PASEO, LLC'S POSITION FOR THE TRANSIENT OCCUPANCY
TAX PAYMENTS TO LAKESIDE CAPITAL, LLC
SUBMITTED BY.- Ruth Ann Moore, Economic Development Manager
DATE: February 11, 2016
CONTENT: Pledge of Payments Under Reimbursement Agreement Contract
No. C33180A
City of Palm Desert/El Paseo Hotel TOT Reimbursement
Agreement Contract No. C33180
Recommendation
By Minute Motion:
Approve the Pledge of Payments Under Reimbursement Agreement, Contract No.
C33180A assigning the Transient Occupancy Tax (TOT) payments and
authorize the City Attorney to make non -substantive changes to the agreement;
and
2. Authorize the Chairman to execute said agreement.
Executive Summary
On December 12, 2013 Contract No. C33180 City of Palm Desert/El Paseo Hotel TOT
Reimbursement Agreement (TOT Agreement) was executed allowing for a reimbursement
of TOT collections back to the project. The TOT Agreement stipulates that 50% of the 9%
TOT generated will be reimbursed up to a maximum of $1.8 million.
Under Section 7A, the TOT Agreement may be assigned as part of its project financing
and capital financing. The TOT Agreement also gave the City Manager approval without
further action by City Council.
Upon the City Attorney's request, staff is instead bringing the agreement to City Council
for approval due to requested modifications that impact portions of the original TOT
Agreement.
G'.Econ Ocvclopment\Rmh Ann Moore`.S FAFF REPORTS\hl Paseo Hotel Assigning Reimbursement Agreement 2-1 I -I t, doe
CONTRACT NO. C33180A
Staff Report
El Paseo Hotel Payment Reimbursement
February 11, 2016
Page 2 of 4
Discussion
The Pledge of Payments Under Reimbursement Agreement (the Assignment Agreement)
assigns the City's reimbursement payments to Lakeside Capital, LLC (Lakeside).
Lakeside has entered into a Joint Venture Agreement with El Paseo Hotel, LLC for capital
financing for a portion of the project. Approval of this agreement will allow for the City to
send the reimbursement payments totaling $1.8 million directly to Lakeside.
The following items within the Pledge of Payments Under Reimbursement Agreement
cause modifications to the original City of Palm Desert/El Paseo Hotel TOT
Reimbursement Agreement and are listed for your review:
• Section 3. Third Party Beneficiary — Lakeside is requesting that The City provide
Lakeside with at least 30 days prior written notice before declaring a default by
Hotel El Paseo under Section 5 of the TOT Agreement, and no default by El Paseo
(except to the extent such default shall result in City not receiving TOT which is the
source of the TOT Payments) shall relieve City's obligation to make TOT Payments
to Lakeside in accordance with Section 2 of the TOT Agreement.
This section extends the default notice from 15 days to 30 days. It also eliminates any
reason for other defaults within the TOT Agreement such as bankruptcy by El Paseo Hotel
or sale of the property. As long as the property continues to operate as a four -star hotel
(see definition below) and is accessible as a cooling station, the City will continue to
reimburse Lakeside 50% of the 9% of TOT collections until $1.8 million is paid.
• Section 3. Third Party Beneficiary — Notwithstanding the foregoing, the parties
reaffirm that the TOT Payments remain at all times subject to the conditions to
reimbursement set forth in Section 2 of the TOT Agreement, as amended below.
Section 2 is hereby amended such that the date "January 31, 2016" is replaced
with the date "December 31, 2017."
This portion of Section 3 replaces the old completion date to the new completion date of
December 31, 2017 but does not affect the reimbursement payments as long as the
property continues to operate as a four -star hotel and is accessible as a cooling station.
• Section 4. Estoppel — The City further acknowledges that the Marriott Autograph
brand meets the definition of "Four Star Hotel" as required by Section 2 of the TOT
Agreement.
This is a clarification on the quality of the hotel. According to the TOT Agreement Section
213, the project must operate as a "Four -Star Hotel" as required by Development
Agreement (DA) 07-02 between the City of Palm Desert and Larkspur Associates, LLC.
Under the definitions in the DA (1.1.10) a Four -Star Hotel is defined as "the hotel has or
will meet the requirements of a brand included within the "Luxury" or Upscale" segments
G `Fcun Deg clopment\Ruth Ann Moore\S PAFF REPORT S I Pasco Hntel Assigning Reimbursement Agreement 2-11-16 doc
CONTRACT NO. C33180A
Staff Report
El Paseo Hotel Payment Reimbursement
February 11, 2016
Page 3 of 4
as defined by J.D. Power and Associates. Further investigation showed that Marriott
Hotels and Resorts are within the "Upscale" segment of the report on the J.D. Power
website. Staff is satisfied with the clarification.
The current modifications listed above protects Lakeside from a default that is not within
their control such as a bankruptcy by El Paseo Hotel, LLC or a sale of the property while
still providing the city with the desired Four -Star Hotel.
Strategic Plan Obiective
The construction of the El Paseo Hotel contributes to both the Economic Development
and Land Use and Housing & Open Space elements of the City Envision Palm Desert
Strategic Plan. Specifically, facilitating a future hotel development contributes to:
• Priority No. 1 of the Economic Development element — Expand Jobs and
Business Creation Opportunities; and
• Priority No. 4 of the Land Use, Housing & Open Space element — Create mixed
use city core integrating shopping, dining, lodging and housing.
Fiscal Impact
The value of the project to the City is in the collection of annual TOT revenue, sales tax
from the restaurant and banquet operations, and property tax. The project is projected to
stabilize in the first five years. Revenue projections for 20 years are as follows:
• TOT $15,412,000
• Sales Tax $ 618,000
• Property Tax $ 191,900
The benefits to the City include both the $14M (subtracting for the $1.8 million tax sharing
agreement approved by City Council on 12/3/13) the project will bring into the General
W.F.con Deeeloptnent Ruth Ann Moore\S"TAFF RUPORTST] Paseo Hotel Assigning Reimbursement Agreement 2-11-16 doc
CONTRACT NO. C33180A
Staff Report
El Paseo Hotel Payment Reimbursement
February 11, 2016
Page 4 of 4
Fund over the next 20 years and the secondary benefit to increase sales for the stores
and restaurants along El Paseo by the guests, therefore staff recommends the above
motion.
Submitted By:
Rib 4hn <Mo io /rq
Economic Development Manager
Approval:
Cx—fi
o n M. Wohlmuth
j C' y Manager
Department Head:
Martin Alvarez
Director of Economic Development
Rudy Acosta
Assistant City Manager
G \F:con Development Ruth Ann Moore\STAFF RFPORTS\EI Pasco Hotel Assigning Reimbursement Agreement 7-11-10 duc
CONTRACT NO. C33180A
PLEDGE OF PAYMENTS UNDER
REIMBURSEMENT AGREEMENT
TII1S PLEDGE OF PAYMENTS UNDER REIMBURSEMENT AGREEMENT (this
"Agreement") is made and entered into as of February _, 2016, by and between EL PASEO
I-IOTEL, LLC, a California limited liability company ("El Paseo"), and the CITY OF PALM
DESERT, a California municipal corporation ("City"), in favor of LAKESIDE CAPITAL, LLC, a
Delaware limited liability company (together with its successors and/or assigns, "Lakeside").
RECITALS:
A. City and El Pasco have heretofore entered into that certain CITY OF PALM
DESERT/EL PASEO HOTEL TOT REIMBURSEMENT AGREEMENT, dated as of
December 12, 2013 (as modified, amended and/or supplemented from time to time, the "TOT
Agreement"), pursuant to which City agreed to reimburse E1 Paseo up to $1.8 million of transient
occupancy taxes in connection with E1 Paseo's development of a hotel.
B. L,akeside has agreed to invest in El Paseo, in exchange for the right to receive the
benefit of the Transient Occupancy Tax ("TOT") reimbursement payments as set forth in Section
1 of the TOT Agreement ("TOT Payments").
C. As a condition of Lakeside's willingness to invest in El Paseo, Lakeside has
requested that City approve El Paseo's pledge of the TOT Payments as permitted by Section 7A of
the TOT Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Assignment. Subject to Lakeside's investment in E1 Paseo as set forth in the Joint
Venture Agreement dated January 1, 2015, El Paseo hereby assigns and pledges to Lakeside all of
El Pasco's right, title and interest in, to the TOT Payments from the City.
2. Consent, TOT Pavments. City, by its execution of this Agreement, hereby (i)
consents to the pledge and assignment set forth in Section 1 and the other terms hereof as required
and expressly contemplated by Section 7A of the Agreement and therefore (ii) agrees to, from and
after the date of this Agreement, make all TOT Payments under the TOT Agreement to Lakeside.
Nothing herein shall relieve El Pasco of its obligations under the TOT Agreement, or obligate
Lakeside to perform E1 Paseo's obligations thereunder.
3. Third Partv Beneficiarv. City and E1 Pasco acknowledge and agree that Lakeside
shall be an express third party beneficiary of the TOT Agreement and of this Agreement.
Accordingly, City and El Paseo shall not modify, amend or terminate the TOT Agreement, or
waive any rights thereunder, without Lakeside's prior written consent. City shall provide Lakeside
with at least 30 days prior written notice before declaring a default by E1 Paseo under Section 5 of
the TOT Agreement, and no default by E1 Paseo (except to the extent such default shall result in
City not receiving TOT which is the source of the TOT Payments,) shall relieve City's obligation
to make TOT Payments to Lakeside in accordance with Section I of the TOT Agreement.
Notwithstanding the foregoing, the parties reaffirm that the TOT Payments remain at all times
CONTRACT NO. C33180A
subject to the conditions to reimbursement set forth in Section 2 of' the TOT Agreement, as
amended below. Section 2 is hereby amended such that the date "January 31, 2016" is replaced
with the date "December 31, 2017."
4. Estoppel. El Paseo represents and warrants that (a) the TOT Agreement is in full
force and effect and has not been modified, amended or assigned (other than pursuant to this
Agreement); (b) neither El Pasco nor, to the best of El Paseo's knowledge, City is in default under
any of the terms, covenants or provisions of the TOT Agreement. The City further acknowledges
that the Marriott Autograph brand meets the definition of "Four Star I lotel" as required by Section
2 of the TOT Agreement.
5. Indemnity. E1 Paseo hereby indemnifies Lakeside for any failure to perform any of
its obligations as set forth in Section 5 of the Agreement, and shall hold Lakeside and its respective
managers, members, guarantors, officers, agents. employees, and representatives harmless from
and against any and all losses, damages, claims, liabilities, penalties, costs and expenses (including
but not limited to reasonable attorneys' fees and costs) suffered or incurred by any such
indemnified person/entity arising out of or related to such failure by El Paseo.
6. Notices. All notices or other communications required or permitted to be given
pursuant to the provisions of this Agreement shall be in writing and shall be considered as properly
given if delivered to the appropriate party at the address set forth below (subject to change from
time to time by written notice to all other parties to this Agreement). Except when otherwise
required by law, any notice which a party is required or may desire to give the other shall be in
writing and may be sent by e-mail (provided that a copy is simultaneously sent by one of the other
permitted means of giving notice hereinafter set forth), personal delivery or by mail or overnight
carrier (either (i) by United States registered or certified mail, return receipt requested, postage
prepaid, or (ii) by Federal Express or similar generally recognized overnight carrier regularly
providing proof of delivery). Any notice so given by e-mail shall be deemed to have been given as
of the earlier of (y) the date on which the sender of such communication shall confirm receipt
thereof by the appropriate parties and (z) the date of delivery of the corresponding notice that is
sent by one of the methods set forth in clauses (i) and (ii) above. Any notice so given by mail shall
be deemed to have been given as of the date of delivery established by U.S. Post Office return
receipt or the overnight carrier's proof of delivery, as the case may be. Any such notice not so
given shall be deemed given upon receipt of the same by the party to whom notice is to be given;
provided, however, that non -receipt of any communication as the result of any change of address
of which the sending party was not notified or as the result of a refusal to accept delivery shall be
deemed receipt of such communication. For purposes of notice, the addresses of the parties shall
be:
El Paseo: c/o Robert Leach
3941 Park Drive, Ste 20-308
El Dorado Hills, California 95762
Fax No. (916) 933-5911
E-Mail: robert cot westriverinc.net
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CONTRACT NO. C33180A
City: Palm Desert Civic Center
473 -5 10 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
Lakeside:
c/o Melvin T. Andrews
2969 Mandeville Canyon Road
Los Angeles, CA 90049
(818) 973-1702
Any party shall have the right to change its address for notice hereunder to any other location
within the continental United States by the giving of thirty (30) days' notice all other parties in the
manner set forth hereinabove.
7. Counterparts. This Agreement may be executed, in multiple counterparts, each of
which shall be deemed an original, and all such counterparts together shall constitute one and the
same instrument. Facsimile and other electronically transmitted signatures shall serve as the
functional equivalent of manually executed signatures for all purposes.
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CONTRACT NO. C33180A
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and
year first above written.
E1 Pasco: EL PASEO HOTEL, LLC a California limited
liability company
By:
Name:
Title:
City: CITY OF PALM DESERT, a California municipal
corporation
By:
Name:
"Title:
CONTRACT NO. C33180
CITY OF PALM DESERTIEL PASEO HOTEL
TOT REIMBURSEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into as of December 12, 2013, by and
between THE CITY OF PALM DESERT, a California municipal corporation, (the "City"), and
El Pasco Hotel, LLC, California Limited Liability Company("El Pasco Hotel").
RECITALS
A. El Pasco Hotel intends to purchase certain real property in the City of Palm
Desert, as more fully described in Exhibit "A" ("Property"), on which El Pasco Hotel intends to
develop and operate an approximately 154 room hotel project ("Project"). El Pasco Hotel
anticipates that the Project, once occupied, will generate transient occupancy taxes ("TOT") to
the City in an amount estimated by El Pasco Hotel to exceed three million dollars ($3,000,000)
during the first six years of the Project's operation, in addition to increased sales taxes generated
by the anticipated increased visitation to the City.
B. The City wishes to provide El Pasco Hotel an incentive to operate the Project in
order that increased visitation will generate additional TOT and sales tax to the City, and to
provide certain emergency services to city residents. The incentive will be in the form of a City
reimbursement to El Pasco Hotel of fifty percent (50%) of the TOT generated by the Project up
to a maximum of $1.8 million
AGREEMENT
NOW, THEREFORE, THE CITY AND EL PASEO HOTEL AGREE AS FOLLOWS:
Section 1. Reimbursement Commitment.
In consideration for El Pasco Hotel's operating the Project on the Property and the other
conditions and covenants provided for herein, if and when the El Paseo Hotel is built and
operated on the Property, the City shall reimburse to El Pasco Hotel fifty percent (50%) of City's
current (9%) TOT, as defined in Section 3.28,030 of the Palm Desert Municipal Code as of the
date of this Agreement, collected from the Project in an amount not to exceed $1.8 million
("Reimbursement TOT"). Payment of Reimbursement TOT by City to El Pasco Hotel shall
commence for the first full quarter during which commercial operation of the Project
commenced and shall continue until $1.8 million has been reimbursed by the City
("Reimbursement Termination Date"). TOT collected prior to the Reimbursement Termination
Date is subject to reimbursement pursuant to this Agreement; TOT collected after the
Reimbursement Date is not. El Pasco Hotel shall at all times remit to City full payment of TOT
as required by the City's Municipal Code. Distributions of Reimbursement TOT by City to El
Pasco Hotel shall be made within sixty (60) days of the receipt by the City of the full amount of
TOT from the Property for each quarter.
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OONTRACT NO. C33180
Section 2. Conditions to Reimbursement. As a condition precedent to payment of
any Reimbursement TOT, El Pasco Hotel shall:
A. Commence commercial operation of the Project by January 31, 2016. If El Pasco
Hotel fails to commence commercial operation prior to that date, then the City, in
its sole discretion, may terminate this Agreement by delivering written notice of
such termination to El Pasco Hotel. Following such termination, neither party
shall have any further rights, duties or obligations hereunder, and the City shall
have no obligation to pay Reimbursement TOT, provided however that if this
Agreement is not so terminated and El Pasco Hotel subsequently commences
operation, the terms of this Agreement shall apply and the City's right to
terminate shall be void; and
B. Be at all times operated as a "Four -Star Hotel" as required by Development
Agreement 07-02 between the City of Palm Desert and Larkspur Associates,
LLC, recorded in the Official Records of the County of Riverside, California as
Document #2009-0419294.
C. Allow the Project to be used as a "cooling station" for the City in the case of a
power outage.
Section 3. No Oblieation to Build or Operate. Both parties acknowledge that the
Project is currently in the proposal stages, and El Pasco Hotel shall have no liability to City for
failure to build or operate a hotel as intended by the parties herein.
Section 4. Indemnification. El Pasco Hotel shall defend, assume all responsibility for
and hold the City, its council members, officers and employees, harmless from all demands,
claims, actions and damages, of whatever type or nature, including all costs of defense and
attorneys' fees, to any person or property arising out of or caused by any of El Pasco Hotel's
activities under this Agreement, whether such activities or performance thereof be by El Pasco
Hotel or anyone directly or indirectly employed or contracted with by El Pasco Hotel and
whether such damage shall accrue or be discovered before or after commencement of operation
of the Project.
Section 5. Default.
A. Defaults.
Any one or all of the following events shall constitute a default by El Pasco Hotel:
Any misleading statement, misrepresentation or warranty of El Pasco
Hotel herein or in any other writing at any time furnished by El Pasco
Hotel to City that materially harms the City or materially diminishes the
Benefit of the Agreement to the City;
72300.00552\8368241.3
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CONTRACT NO. C33180
Nonperformance when due of any of the obligations described herein, or
failure to perform any obligation or covenant contained herein;
The filing by or against El Pasco Hotel of a petition for relief under the
Bankruptcy Reform Act of 1978 or any bankruptcy or debtor relief law;
4. A general assignment by El Pasco Hotel for the benefit of creditors or the
appointment of any receiver or trustee of all or any portion of the assets of
El Pasco Hotel;
The transfer or assignment of this Agreement without approval by the
City;
B. Remedies.
Upon the occurrence of a default, the City, at its option, may declare this
Agreement to be in default and, in such event, the City shall have all of the rights
and remedies prescribed at law or in equity. Following an event of default, the
City shall have no further obligation to disburse all or any portion of
Reimbursement TOT.
C. No Liability of City Member.
No city council member, official or employee of the City shall be personally
liable to El Pasco Hotel, or any successor in interest, in the event of any default or
breach by City under this Agreement or for any amount which may become due to
El Pasco Hotel or any successor or on any obligations under the terms of this
Agreement.
Section 6. Comvliance With Governmental Regulations.
El Pasco Hotel shall, at its sole cost and expense, comply with all applicable municipal,
county, state and federal laws, rules, regulations and ordinances now in force, or which may
hereafter be in force, pertaining to its activities contemplated under this Agreement, including,
but not limited to, Development Agreement 07-02; issuance of building and use permits and
compliance with all federal and state labor laws (collectively, "Laws"). Supplementing the
indemnity set forth in Section 3 above, El Pasco Hotel shall defend, indemnify and hold the City,
its elected officials, officers, members, employees and agents free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or alleged failure of El Pasco
Hotel to comply with such Laws relating to this Agreement
Specifically, by its execution of this Agreement, El Pasco Hotel certifies that it is aware
of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as
California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on
certain "public works" and "maintenance" projects. If the project being performed is an
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CONTRACT NO. C33180
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, El
Paseo hotel agrees to fully comply with such Prevailing Wage Laws. If required, El Paseo Hotel
shall make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the work on the project available to interested parties upon request,
and shall post copies at the El Paseo Hotel's principal place of business and the project site.
Section 7 Miscellaneous Provisions.
A. Transfer or Assimment.
El Paseo Hotel shall not transfer or assign this Agreement without prior written
approval by the City. Approval of any such transfer or assignment shall be at the
sole discretion of the City, provided that, as the parties acknowledge that El Paseo
Hotel will likely monetize this Agreemcnt as part of its project financing City
shall not unreasonably withhold, condition or delay its consent to a pledge or
assignment of this Agreement (or rights under this Agreement) as part of the
capital financing for the project. Such financing approval may be granted by the
City Manager without further action of the City Council.
B. Interest of Members of Citv.
No member of the City Council of City and no other officer, employee or agent of
the City who exercises any functions or responsibilities in connection with the
carrying out of the City's work shall have any personal interest, direct or indirect,
in this Agreement,
C. Governina Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, to the jurisdiction of which the parties hereto submit.
D. Time of the Essence.
Time is of the essence of each and every provision of this agreement.
E. Notices.
Notices or other communications given under this Agreement shall be in writing
and shall be served personally or transmitted by first class mail, postage prepaid.
Notices shall be deemed received either at the time of actual receipt or, if mailed
in accordance herewith, on the third (3rd) business day after mailing, whichever
occurs first. Notices shall be directed to the parties at the following addresses or
at such other addresses as the parties may indicate by notice:
City: The City of Palm Desert
Palm Desert Civic Center
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12/2113
tIONTRACT NO. C33180
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
El Paseo Hotel: El Paseo Hotel, LLC
74048 Alpine Lane
Palm Desert, CA 92211
Attention: David Worlow
F. Headings.
The titles and headings of the various sections of this Agreement are intended
solely for reference and are not intended to explain, modify or place any
interpretation upon any provision of this Agreement.
G. Severability.
Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remainder of such or the remaining provisions of this Agreement.
H. Waiver.
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless
executing in writing by the party making the waiver.
I. Number and Gender.
As used in this Agreement, the masculine, feminine or neuter gender, and the
singular or plural number, shall each include the others whenever the context so
indicates or requires.
J. Further Assurances.
The parties shall execute, acknowledge, file or record such other instruments and
statements and shall take such additional action as may be necessary to carry out
the purpose and intent of this Agreement.
K. Bindine Effect.
This Agreement shall be binding upon and inure to the benefit of the parties'
respective heirs, legal representatives, successors and assigns.
5
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['CONTRACT NO. C33180
L. Entire Agreement.
This Agreement constitutes the entire agreement between the parties and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings of the parties concerning the subject matter contained herein,
written or oral. No change, modification, addendum or amendment to any
provision of this Agreement shall be valid unless executed in writing by each
party hereto.
M. Attornevs' Fees.
In the event of any litigation arising out of this Agreement, the prevailing party in
such action, or the nondismissing party where the dismissal occurs other than by
reason of a settlement, shall be entitled to recover its reasonable costs and
expenses, including, without limitation, reasonable attorneys' fees and costs paid
or incurred in good faith. The "prevailing party," for purposes of this Agreement,
shall be deemed to be that party who obtains substantially the result sought,
whether by settlement, dismissal or judgment.
N. Amendment.
This Agreement may be amended only by a written instrument signed by both
City and the El Pasco Hotel.
6
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CONTRACT NO. C33180
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day
and year first above written.
Dated: December 12, 2013
CITY:
CITY OF PALM DESERT,
a California municipal corporation
By: Cnr 1
Van G. Tiner, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM:
BEST BEST B-KRlEGER LLP
Rac Ile D. Klassen, City Cl
David J. rwi ,City Attorney
EL PASEO HOTEL:
1-20* El Paseo Hotel LLC
. By: --� 4i l/
Its:
7
72500.00552\8368241.3
12/2/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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I certify under PENALTY OF PERJURY under the
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paragraph is true and correct.
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Corporate Officer — Title(s):
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Signer Is Representing:
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•RNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of River ,i.dP
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who proved to me on the basis of satisfactory evidence to
be the person(t) whose name(&) is/44 subscribed to the
within instrument and acknowledged to me that
he/ii3ljr executed the same in hiss authorized
capacity^), and that by his/KKAMW signature(g) on the
instrument the person(lf), or the entity upon behalf of
which the person(K) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and off i al seal.
)R�fi
Piaco Notary seat Above Signature wr oletent
OPTIONALThough the information below is not required bylaw, it may prove 4luable topers srelyin onthe
and could prevent fraudulent removal and reattachment of this form to a other ument.
Description of Attached Document
Title or Type ot Document: C33180 - F,.l Pared Hotel, I.LC T.O.T. Reimbursement Agreement
Document Date: December 12, 2013 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Van G. Tanner
U Individual
I I Corporate Officer — Title(s):
I 1 Partner — [A Limited U General
U Attorney in Fact Noodow
1 ! Trustee Top of ttxrnb here
CJ Guardian or Conservator
[X Other: Mavor
Signer's Na
L! Individual
! j Corporate OHic — Title(s):
t 1 Partner — U Limit t 1 General
[J Attorney in Fact
L7 Trustee
t_� Guardian or Conservator
I-] Other:
Signer Is Representing: Signer Is Representing:
City of Palm Desert
Top of ttxtmb here
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