HomeMy WebLinkAboutRes 2015-04 and SA-RDA 040 DDA Transfer 113 Acres to Trustees of California State University APN 694-200-001 and 694-160-003CITY OF PALM DESERT/
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
JOINT CONSIDERATION
STAFF REPORT
REQUEST: APPROVE A DISPOSITION AND DEVELOPMENT AGREEMENT
AUTHORIZING THE TRANSFER OF APPROXIMATELY 113 ACRES
KNOWN AS A.P.N. 694-200-001 AND A PORTION OF 694-160-003
FROM THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY TO THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY PURSUANT TO THE LONG
RANGE PROPERTY MANAGEMENT PLAN
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: January 8, 2015
CONTENTS: City Resolution No. 2015 - 04 / Successor Agency Res. No. SA -RDA 040
DDA Agreement
Draft Grant Deed
Site Map
Recommendation
Waive further reading and adopt Resolution Nos. 2015 - 04 and SA -RDA 040:
1) Authorizing a Disposition and Development Agreement (DDA) and Grant
Deed authorizing as to form the conveyance of approximately 113 acres
known as A.P.N 694-200-001 and a portion of 694-160-003 from the
Successor Agency to the Palm Desert Redevelopment Agency
(Successor Agency)/City of Palm Desert (City) to the Trustees of the State
of California University (CSU), pursuant to the approved Long Range
Property Management Plan; and
2) Authorizing the City Manager and City Attorney to finalize and execute the
DDA and Grant Deed.
Background
In 1993, the former RDA acquired approximately 201.64 acres located at the northeast
corner of Cook Street and Frank Sinatra Drive for the development of a university master
plan. The site was acquired with the intent to partner with California State University San
Bernardino for the development of a university campus. On November 16, 1999, the former
RDA entered into a Disposition and Development Agreement (DDA) with the Trustees of the
Staff Report
Successor Agency/City Transfer of Reserve Property to CSU
January 8, 2015
Page 2 of 3
California State University (CSU) to facilitate the future development of the California State
University San Bernardino — Palm Desert Campus.
On March 22, 2001, Amendment No. 1 to the DDA was approved authorizing the transfer of
approximately 55 acres of the 201.64 acres to CSU to facilitate the construction of
infrastructure and facilities for the establishment of the CSU—Palm Desert Campus. The
First Amendment to the DDA also reserved approximately 125 acres (Reserve Property) for
ten years for the future implementation of the remaining Palm Desert Campus Master Plan
and reserved 20 acres for a future University of California -Riverside campus (UCR). The 20
acres are currently under the control of UCR.
CSU has built five education buildings on the 55 acres and has a student enrollment of
1,100 students. CSU continues its efforts to expand the CSU-Palm Desert Campus and
has requested approval of the transfer of approximately 113 acres to facilitate the future
development of the CSU-Palm Desert Campus master plan.
On June 2, 2014, the State Department of Finance approved the Successor Agency's Long
Range Property Management Plan (LRPMP). The LRPMP authorizes the Successor
Agency to transfer the remaining CSU Reserve Property (approximately 113 acres) to CSU
for governmental purpose (university educational facilities). In addition, the LRPMP
authorizes the transfer of 2.67 acres to the City of Palm Desert for a future fire station
(government use) within the CSU master plan. Previous transfers occurred prior to the
dissolution of the redevelopment agency, which included the dedication of the ring road
(Berger Circle) to CSU and additional public right-of-way to the City located on the Frank
Sinatra Drive frontage (see attached map).
Disposition and Development Agreement:
Staff has worked with CSU to develop the attached DDA allowing the transfer of the
remaining land to CSU for the implementation of the future CSU — Palm Desert Campus
master plan. Staff is in the process of finalizing a Grant Deed to transfer approximately 113
acres to CSU.
The attached DDA includes several key conditions to be adhered to by CSU as part of the
transfer and the Grant Deed. The conditions are as follows:
1. CSU agrees that it shall use the Reserve Property only for educational purposes as
part of the CSU mission until 25 years after the conveyance. CSU may lease or
license the operation of retail, commercial, restaurant and service uses as defined by
CSU's mission and Education Code 89046 that are incidental to and directly
supportive of CSU's post -secondary education operations.
2. CSU agrees the words "Palm Desert" shall be included in perpetuity, in the name of
the CSU post -secondary education operations of the property.
3. CSU shall not convey, sell, encumber or lease the property without the written
consent from the Successor Agency or the State Department of Finance.
4. CSU will provide the City with the opportunity to review and comment on any
proposed change in access points from the Reserve Property to any City public
\\srv-fi12k3\groups\Econ Development\Martin Alvarez\SA Property Sales\Cal State\Cal-State-TransferSR 1-8-15-Revised 12-30-14 VT doc
Staff Report
Successor Agency/City Transfer of Reserve Property to CSU
January 8, 2015
Page 3 of 3
right-of-way. Construction related to new access within the City right of way will
require written consent from the Director of Public Works.
5. CSU shall provide the City with the opportunity to review and comment on concept
design plans for major capital facilities on the CSU Reserve Property. All future
landscape plans shall be reviewed by the City and the Coachella Valley Water
District and be consistent with applicable water efficiency ordinances.
6. CSU will continue to work cooperatively with all regional educational partners to
advance higher learning opportunities for the Coachella Valley.
Staff recommends that the City Council/Agency Board approve the attached DDA and
authorize the execution of a Grant Deed authorizing the transfer of approximately 113 acres
to CSU pursuant to the approved LRPMP.
Fiscal Analysis
There is no fiscal impact to the General Fund.
M
By:
Martin Alvarez
Director of Economic Development
ReZedd:
a u I
Gibson, Director of Finance
roved:
n M. Wohlmuth, City Manager
Department Head:
Rudy Acosta
Assistant City Manager
\\srv-h12K3\groups\Econ DevelopmentWartin Alvarez\SA Property Sales\Cal State\Cal-State-TransferSR 1-8-15-Revised 12-30-14 VT doc
RESOLUTION NO. 2015-04
A RESOLUTION OF THE CITY OF PALM DESERT (CITY)
APPROVING A DISPOSTION AND DEVELOPMENT AGREEMENT
BETWEEN SUCCESSOR AGENCY AND THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY (CSU) ALLOWING THE
CONVEYANCE OF APPROXIMATELY 113 ACRES OF THE
PROPERTY KNOWN AS A.P.N. 694-200-001 AND PORTION OF 694-
160-003 TO CSU PURSUANT TO THE APPROVED LONG RANGE
PROPERTY MANAMGEMENT PLAN
RECITALS:
A. On May 5, 2014, Oversight Board of the Successor Agency to the Palm
Desert Redevelopment Agency took action to approve the Successor Agency's Long
Range Property Management Plan. On June 2, 2014, the State Department of Finance
approved the LRPMP. The approved LRPMP allows the conveyance of up to 126.32
acres of property referenced as Properties 10(a), 10(b) of the LRPMP to CSU.
Pursuant to the attached Disposition and Development Agreement (DDA), there
has been presented to this Successor Agency Board for approval of the DDA and the
conveyance of real property approximately 113 acres to the Trustees of the California
State University for the expansion of educational programs at the CSU-Palm Desert
Campus.
NOW, THEREFORE, THE CITY OF PALM DESERT HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The City hereby adopts Resolution No. 2015-04 approving the
attached DDA and the transfer of 113 acres to the Trustees of the California State
University as public use land pursuant to the Successor Agency's approved LRPMP.
The DDA is made a part hereof and attached hereto as "Exhibit 'A;".
Section 3. The officers and staff of the City are hereby authorized and
directed, jointly and severally, to do any and all things which they may deem necessary
or advisable to effectuate this Resolution.
RESOLUTION NO. 2015-04
PASSED, APPROVED AND ADOPTED this day of , 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELL D. KLASSEN, CITY CLERK
SUSAN MARIE WEBER, MAYOR
4
EXHIBIT A
CITY OF PALM DESERT
• DISPOSITION AND DEVELOPMENT AGREEMENT
• FORM OF GRANT DEED
RESOLUTION NO. SARDA 040
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY (SUCCESSOR AGENCY)
APPROVING A DISPOSTION AND DEVELOPMENT AGREEMENT
BETWEEN SUCCESSOR AGENCY AND THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY (CSU) ALLOWING THE
CONVEYANCE OF APPROXIMATELY 113 ACRES OF SUCCESSOR
AGENCY PROPERTY KNOWN AS A.P.N. 694-200-001 AND PORTION
OF 694-160-003 TO CSU PURSUANT TO THE LONG RANGE
PROPERTY MANAMGEMENT PLAN
RECITALS:
A. On May 5, 2014, Oversight Board of the Successor Agency to the Palm
Desert Redevelopment Agency took action to approve the Successor Agency's Long
Range Property Management Plan. On June 2, 2014, the State Department of Finance
approved the LRPMP. The approved LRPMP allows the conveyance of up to 126.32
acres of property referenced as Properties 10(a), 10(b) of the LRPMP to CSU.
Pursuant to the attached Disposition and Development Agreement (DDA), there
has been presented to this Successor Agency Board for approval of the DDA and the
conveyance of real property approximately 113 acres to the Trustees of the California
State University for the expansion of educational programs at the CSU-Palm Desert
Campus.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND
ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The Successor Agency hereby adopts Resolution No. SARDA 15-
approving the attached DDA and the transfer of 113 acres to the Trustees of the
California State University as public use land pursuant to the Successor Agency's
approved LRPMP. The DDA is made a part hereof and attached hereto as "Exhibit 'A;".
Section 3. The officers of the Successor Agency and staff of the Successor
Agency are hereby authorized and directed, jointly and severally, to do any and all
things which they may deem necessary or advisable to effectuate this Resolution
subject to approval by the State Department of Finance.
RESOLUTION NO. SARDA 040
PASSED, APPROVED AND ADOPTED this day of 12015.
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, CHAIR
ATTEST:
RACHELL D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
2
EXHIBIT A
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
• DISPOSITION AND DEVELOPMENT AGREEMENT
• FORM OF GRANT DEED
DISPOSITION AND DEVELOPMENT AGREEMENT
AND ESCROW INSTRUCTIONS
REGARDING PALM DESERT RESERVE PROPERTY
This DISPOSITION AND DEVELOPMENT AGREEMENT ("Reserve Property
DDA") is entered into on , 2015, by and between the
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a
public body, corporate and politic, ("Agency"), CITY OF PALM DESERT, a municipal
corporation ("City") and THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY,
an agency of the State of California ("CSU").
RECITALS
A. Agency is the duly authorized successor to the Palm Desert
Redevelopment Agency, a public body exercising governmental functions and powers
and organized and existing under the Community Redevelopment Law of the State of
California.
B. CSU is an arm of the State of California and is governed by its Board of
Trustees. It receives it authority from the California Education Code.
C. CSU's primary mission is offering undergraduate and graduate instruction
through the master's degree in the liberal arts and sciences and professional education,
including teacher education as stated in Section 66010.4(b) of the California Education
Code. Regional access for students to this instruction is an integral part of CSU's
mission.
D. Agency and CSU are parties to that certain DISPOSITION AND
DEVELOPMENT AGREEMENT dated November 16, 1999 ("Agreement") with respect
to certain real property located within the City of Palm Desert, County of Riverside,
State of California. The Agreement provided for the conveyance of approximately 40
acres of certain real property owned by the Agency to CSU for educational purposes.
The Agreement also provided that CSU may request an increase in the size of the
subject real property and reserved approximately 160 acres of real property adjacent to
the real property conveyed by the Agency to CSU for use by CSU in future expansion.
("Reserve Property").
E. Agency and CSU amended the Agreement by entering into a FIRST
AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT dated March
22, 2001 ("First Amendment"). The First Amendment documented a modification of the
size of the real property conveyed by Agency to CSU pursuant to the Agreement by
increasing the conveyed real property to approximately 55 acres and reducing the
Reserved Property to approximately 145 acres. The First Amendment also released its
option rights on 20 acres of the Reserve Property for the purposes of development by
UCR, resulting in a reduction of the size of the Reserve Property to approximately 125
acres.
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F. Pursuant to the terms of the Agreement and First Amendment, CSU has
developed the real property adjacent to the Reserve Property previously convey by
Agency to CSU and continues to operate post -secondary educational programs on such
property in accordance with its mission.
G. On or about July 28, 2008, CSU agreed to release its option rights on an
additional approximately 3 acres of the Reserve Property in order to permit the
construction of a fire station on such property by the City of Palm Desert ("Fire Station
Parcel").
H. Agency's Long Range Property Management Plan, approved by the
California Department of Finance on June 2, 2014, authorizes conveyance of the
Reserve Property to CSU for government use.
I. The City and the Agency seeks to accommodate the expansion of CSU's
presence and operation of post -secondary educational programs in the City of Palm
Desert, thereby assisting in the elimination of blight, providing additional jobs, and
substantially improving the economic and physical conditions in accordance with the
purposes and goals of the Redevelopment Plan.
J. The City and the Agency and CSU desire to enter into this Reserve
Property DDA in order to establish commitments for the development of public uses
related to the development of the Reserve Property by CSU. The City and the
Agency recognizes the benefit to the region and its citizens of having CSU acquire and
develop the Reserve Property. CSU recognizes that it is in the best interests of the
state and its citizens to develop the Reserve Property for purposes of its higher
education mission.
K. The City and the Agency served as co -lead agencies for the
Environmental Impact Report ("the EIR") on the proposed uses of certain real
property, including the Reserve Property. The City and Agency duly considered
and certified the EIR as completed on April22, 1999.
L. The Agency has completed the report previously required by California
Health and Safety Code Section 33433.
M. The Agency and the City held the public hearings previously required by
California Health and Safety Code Sections 33433 on October 14, 1999.
N. The City and the Agency now desire to convey to CSU the Reserve
Property.
O. CSU has determined that accepting the Agency/City('s) conveyance of the
Reserve Property will aid in carrying out the primary mission and functions of the CSU
as specified in Section 66010.4(b) of the California Education Code.
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AGREEMENT
NOW, in consideration of the above recitals, the mutual covenants contained in this
Reserve Property DDA, and for other good and valuable consideration, the parties
agree as follows:
ARTICLE 1. DEFINITIONS.
The following terms as under in this DDA shall have the meanings given unless
expressly provides to the contrary:
1.1. Agency means the Successor Agency to the Palm Desert Redevelopment
Agency, a California public body, corporate and politic, exercising
governmental functions and powers and organized and existing under the
Community Redevelopment Law of the State of California.
1.2. Agreement means the Disposition and Development Agreement between
the Palm Desert Development Agency and the Trustees of the California
State University dated November 16, 1999.
1.3. CSC means the City of Palm Desert, a municipal corporation acting in its
capacity as a California chartered city.
1.4. City Council means the City Council of the City of Palm Desert.
1.5. Close of Escrow is as defined in Section 2.9.
1.6. CSU means the Trustees of the California State University, an arm of the
State of California.
1.7. DDA means this DISPOSITION AND DEVELOPMENT AGREEMENT
REGARDING PALM DESERT RESERVE PROPERTY.
1.8. Escrow Holder means a licensed escrow company mutually selected by the
Agency and CSU.
1.9. Hazardous Materials means any chemical, material or substance now or
hereafter defined as or included in the definition of "hazardous substances,"
"hazardous wastes," "hazardous materials," "extremely hazardous waste,"
"restricted hazardous waste," "toxic substances;" "pollutant or contaminant,"
"imminently hazardous chemical substance or mixture," "hazardous air
pollutant," "toxic pollutant," or words of similar import under any local, state
or federal law or under the regulations adopted or publications promulgated
pursuant thereto applicable to the Site, including, without limitation: the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 U.S.C. §9601,et seq. ("CERCLA"); the Hazardous Materials
Transportation Act, as amended, 49 U.S.C.§1801, et seq.; the Federal
Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and
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the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901,
et seq. The term "Hazardous Materials" shall also include any of the
following: any and all toxic or hazardous substances, materials or wastes
listed in the United States Department of Transportation Table (49 CFR
172.101) or by the Environmental Protection Agency as hazardous
substances (40 CFR Part 302) and in any and all amendments thereto in
effect as of the date of the close of any escrow; oil, petroleum, petroleum
products (including, without limitation, crude oil or any fraction thereof),
natural gas, natural gas liquids, liquefied natural gas or synthetic gas
usable for fuel, not otherwise designated as a hazardous substance under
CERCLA; any substance which is toxic, explosive, corrosive, reactive,
flammable, infectious or radioactive (including any source, special nuclear
or by-product material as defined at 42 U.S.C. § 2011, et seq.),
carcinogenic, mutagenic, or otherwise hazardous and is or becomes
regulated by any governmental authority; asbestos in any form; urea
formaldehyde foam insulation; transformers or other equipment which
contain dielectric fluid containing levels of polychlorinated biphenyl's; radon
gas; or any other chemical, material or substance (i) which poses a hazard
to the Site, to adjacent properties, or to persons on or about the Site, (ii)
which causes the Site to be in violation of any of the aforementioned laws or
regulations, or (iii) the presence of which on or in the Site requires
investigation, reporting or remediation under any such laws or regulations.
1.10. Improvements means any and all buildings, landscaping, infrastructure,
utilities, and other improvements to be built on the Reserve Property, or any
part of it.
1.11. Opening of Escrow means the date upon which Escrow Holder receives a
fully executed copy of this DDA pursuant to Section 2.4.
1.12. Reserve Proeerty means certain real property composed of approximately
123 acres as more particularly depicted and described in Exhibit A, attached
hereto and incorporated herein by reference, which is contemplated to be
developed by CSU.
1.13. Reserve Property Master Plan means a planning process to be undertaken
by CSU after conveyance of the Reserve Property for the purpose of
determining short and long term land uses to occur on the Reserve Property.
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ARTICLE 2. PURCHASE AND SALE OF RESERVE PROPERTY
Section 2.1 Transfer of the Reserve Property. Subject to and in accordance
with the terms and conditions set forth in this DDA, the Agency/City agrees to transfer
to CSU, and CSU agrees to accept from the Agency/City, fee simple title to the
Reserve Property, including all water, mineral, oil, gas, and geothermal rights to said
parcel, and including the right to extract the same from said parcel, to the extent such
mineral rights are owned by the Agency/City. The parties shall cooperate with each
other to develop a mutually acceptable legal description of the Reserve Property prior to
the date it is transferred by Agency/City to CSU.
Section 2.2 Purchase Price. The purchase price for the Reserve Property to
be paid by CSU shall be the sum of $0.
Section 2.3 Condition of the Reserve Property.
2.3.1 Prior to and during the escrow period, CSU is granted permission
to enter onto the Reserve Property for the purpose of inspecting the Reserve
Property, including testing the soil. CSU shall indemnify, hold harmless, and defend
the Agency/City against and hold the Agency and the City harmless from, all losses,
costs, damages, liabilities, liens, and expenses, including, without limitation,
reasonable attorneys' fees, arising out of such entry and activities by CSU and its
agents, employees, or contractors, prior to the Close of Escrow, except to the extent
any such losses, costs, damages, liabilities, and expenses arise out of the gross
negligence or willful acts of the Agency and/or the City. At any time during its
inspection of the Reserve Property, but within 55 calendar days of the Opening of
Escrow, CSU shall approve or disapprove of the condition of the Reserve Property. If
CSU disapproves the condition of the Reserve Property, this DDA and the Escrow
shall terminate. CSU shall provide to the Agency/City its approval or disapproval in
writing.
2.3.2 The Agency/City shall convey the Reserve Property to CSU in an
"as is" "where is" condition, without any warranty whatsoever to CSU as to the
condition of any portion of the Reserve Property, including whether the Reserve
Property contains any Hazardous Materials. CSU shall rely upon its own inspection
of the Reserve Property and CSU's own determination as to whether the physical
condition of the Reserve Property shall be suitable for CSU's purposes. CSU
acknowledges and agrees that:
2.3.2.1 The Agency/City has made no representation or
warranty with respect to the Reserve Property except for those representations
and warranties contained in this DDA, and that prior to the Close of the
Escrow, the Agency/City will make no representations and warranties with
respect to the Reserve Property, other than those contained in this DDA.
2.3.2.2 CSU is acquiring the Reserve Property with the ultimate
objective of constructing improvements on the Reserve Property.
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2.3.2.3 CSU's decision to acquire the Reserve Property shall
be based on the results of CSU's analysis and the reports it shall obtain prior
to the Close of Escrow.
2.3.2.4 The Agency/City has made no representation or
warranty as to the accuracy or completeness of any reports and other
materials prepared by any persons, and CSU is not relying on the accuracy
and completeness of any reports and other materials prepared by persons
other than CSU, its agents, or contractors.
2.3.2.5 Except as specifically provided in this DDA, the
Agency/City has made no representation or warranty with respect to the use,
fitness for a particular reason, zoning, value, improvements, square footages
or any other condition of the Reserve Property.
Except for the Agency/City's representations, warranties and covenants contained in
this DDA, CSU is acquiring the Reserve Property in "AS -IS," "WHERE -IS" condition
"WITH ALL FAULTS." CSU agrees that the Agency/City has no obligation to remedy
any faults, defects, or other adverse conditions described in any report or other
material obtained by CSU or delivered by the Agency/City to CSU, including the
remediation of any Hazardous Material on the Reserve Property.
Section 2.4 Or)enina of Escrow. Within 10 days after CSU's approval of this
DDA, the parties shall cause escrow to be opened with Escrow Holder for the transfer of
the Reserve Property by the Agency/City to CSU. The Agency/City and CSU shall
deposit with Escrow Holder a fully executed duplicated original of this DDA, which shall
serve as escrow instructions. The parties shall provide such additional escrow
instructions as shall be necessary and consistent with this DDA. Escrow Holder is
authorized to act under this DDA and to carry out its duties as Escrow Holder.
Section 2.5 Condition of Title: Title Insurance.
2.5.1 Promptly following the execution of this DDA by both Parties, CSU
shall order a title report from a title company for delivery to CSU and to the
Agency/City at CSU's expense setting forth all liens, encumbrances, easements,
restrictions, conditions, pending litigation, judgments, administrative proceedings, and
other matters affecting the Agency/City's title to the Reserve Property, together with
copies of all documents relating to title exceptions referred to in the Preliminary Report
(collectively, the "the Reserve Property Preliminary Report.") CSU shall approve or
disapprove each exception shown on the Reserve Property Preliminary Report within
55 calendar days following the receipt of the Reserve Property Preliminary Report.
Notwithstanding the foregoing, the Agency/City shall be under no obligation to remove
any encumbrance to title, but the Agency/City agrees to cooperate in good faith with
CSU in CSU's efforts to eliminate any encumbrance to title, provided the Agency/City is
not obligated to pay any sums to the holder of such encumbrance to obtain the release
of such matters.
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2.5.2 Subject to the terms of Section 2.5.1 above, CSU shall approve or
disapprove each encroachment, overlap, or boundary line dispute, or any other matter
that materially and adversely affects title to the Reserve Property or that violates any
law, rule, or regulation reflected on the Survey (each an "Exception") within 30 days
after receiving said ALTA Survey or after the Opening of the Escrow, whichever is
later. Any such Exception that CSU disapproves is termed a "Disapproved
Exception." If CSU is unable to obtain a discharge, satisfaction, release, or termination
of a Disapproved Exception, or if the Agency/City does not elect to do so, then CSU
shall have the right, within 60 days of the Opening of Escrow, to do one of the
following:
2.5.2.1 Waive the Disapproved Exception and proceed with closing
the escrow, accepting title to the Site subject to the Disapproved Exception; or
2.5.2.2 Terminate this DDA, in which event both CSU and the
Agency/City shall be relieved of all further obligation and liability to each other
under this DDA and all the funds and documents deposited with Escrow
Holder shall be promptly refunded or returned, as the case may be, by
Escrow Holder to the depositing party, less reasonable escrow cancellation
fees; or
2.5.2.3 Request from Agency/City an extension of time to do further
investigation prior to making a decision, which request shall not be
unreasonably withheld by Agency/City.
2.5.3 Upon satisfaction of the conditions to convey title to the Reserve
Property, the Agency/City shall convey title of the Reserve Property to CSU by Grant
Deed. Title to the Reserve Property shall be conveyed subject to (i) all title exceptions
affecting the Reserve Property shown on the Preliminary Title Report for the Reserve
Property approved by CSU, (ii) the covenants, conditions and restrictions benefiting
and burdening the Reserve Property as described in this DDA, and (iii) any other
matters which arise out of the actions of CSU or its agents and representatives
("Permitted Exceptions") but including all water, mineral, oil, gas, and geothermal
rights to the Reserve Property, including the right to extract the same from the Reserve
Property held by the Agency/City, if any. The Agency/City shall use reasonable efforts
to cause any disapproved exceptions to be removed by the Close of Escrow (so long
as such exception may be removed without the Agency/City being obligated to pay any
sums to the holder thereof), but if the Agency/City is unable to remove any disapproved
non -monetary title exceptions, then the Agency/City shall not be in breach of this DDA
but CSU shall have the right to terminate this DDA.
2.5.4 At the Close of Escrow, CSU may, at CSU's sole cost and
expense, purchase a CLTA or an ALTA Owner's Standard Coverage Policy of Title
Insurance, issued by the Title Company, in favor of CSU, insuring that title is vested in
CSU free and clear of all liens, easements, covenants, conditions, restrictions, and
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other encumbrances of record, other than the Permitted Exceptions for the Reserve
Property. CSU may obtain one or more extended coverage policies of title insurance or
special endorsements at its own cost.
Section 2.6 Escrow Charges. CSU shall be responsible for paying (i) all
Escrow charges, and (ii) all recording fees, documentary and local transfer taxes that
are legally applicable to a transaction wherein CSU is the transferee.
Section 2.7 Conditions to Close of Escrow. The obligations of the Agency/City
and CSU under this DDA to close the escrow for the conveyance of the Reserve
Property shall be subject to the satisfaction or waiver of each of the following
conditions:
2.7.1 Agency/City's Oversight Board has approved this DDA and/or the
conveyance of the Reserve Property, and the California Department of Finance has
approved this DDA and/or the conveyance of the Reserve Property.
2.7.2 CSU's (a) Chancellor or (b) Board of Trustees shall each have
approved the transaction contemplated by this DDA and the acquisition of the Reserve
Property.
2.7.3 The representations and warranties of the Agency/City and CSU
contained in this DDA shall be true and correct as of the Close of Escrow.
2.7.4 The Agency/City shall have delivered all documents required to be
delivered by the Agency/City pursuant to Section 2.8 of this DDA.
2.7.5 The Title Company shall have issued a commitment to issue a
Policy of Title Insurance, as required herein, on the Close of Escrow, subject only to
the Permitted Exceptions on the Reserve Property, with liability equal to such sum as
requested by CSU, showing the Reserve Property vested in CSU.
If the foregoing conditions are not satisfied, and Escrow has not closed, by April 30,
2015 then either the Agency/City or CSU shall have the right to terminate this DDA
subject to parties' ability to extend the closing date by mutual agreement as discussed
in Section 2.9.
Section 2.8 Deposit into Escrow. The Agency/City agrees to deliver to Escrow
Holder prior to the Close of Escrow, the following instruments and documents, the
delivery of each of that shall be a condition of the Close of the Escrow:
2.8.1 A Grant Deed, duly executed and acknowledged by the
Agency/City, conveying a fee simple interest in the Reserve Property to CSU, subject
to the restrictions specified in Sections 3.1 through 3.6.
2.8.2 The Agency/City's affidavit as contemplated by California
Revenue and Taxation Code §18662 ("Withholding Affidavit");
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2.8.3 A Certification of Non -Foreign Status in accordance with I.R.C.
Section 1445 ("FIRPTA Certificate"); and
2.8.4 Such proof of the Agency/City's authority and authorization to
enter into this transaction as the Title Company may reasonably require in order to
issue CSU's policy of title insurance for the Reserve Property.
Section 2.9 Escrow's Closing Actions. The recordation of the Grant Deed
conveying the Reserve Property to CSU shall constitute the Close of Escrow. Escrow
shall close within 60 days after Department of Finance approval, unless an extension of
time is mutually agreed to. Escrow Holder shall take the following actions to
effectuate and finalize the Close of Escrow:
2.9.1 Record the Grant Deed (marked for return to CSU) with the
Riverside County Recorder;
2.9.2 Obtain conformed copies of all instruments so records, bearing
the County Record's file marks, and deliver a copy of the same to both the
Agency/City and CSU;
2.9.3 Issue the Title Policy to CSU, or cause the Title Company to
issue the Title Policy, with CSU as the insured;
2.9.4 If applicable, prorate any taxes, assessments, rents, and other
charges, if any, as of the Close of Escrow, if and to the extent CSU shall be liable
for payment of such matters after the Close of Escrow;
2.9.5 Charge CSU for those costs and expenses to be paid by CSU
under the terms of the Escrow and disburse any net funds remaining after such
disbursements to CSU;
2.9.6 Prepare and deliver to both CSU and the Agency/City one
signed copy of Escrow Holder's closing statement showing all receipts and
disbursements of Escrow; and
2.9.7 Deliver to CSU a FIRPTA Certificate and Withholding Affidavit.
Section 2.10 Additional Provisions. The Agency/City and CSU may execute
additional appropriate escrow instructions if necessary as prepared by the Escrow
Holder, which are consistent with this DDA. If there is any inconsistency between the
terms of this DDA and the terms of the additional escrow instructions, the terms of this
DDA shall control unless an intent to amend the terms of this DDA is expressly stated
in such instructions. Any amendment of these escrow instructions shall be in writing
and signed by both the Agency/City and CSU. At the time of any amendment, Escrow
Holder shall agree to carry out its duties as escrow holder under such amendment.
Escrow Holder is instructed to send copies of notices, demands and communications
between the Agency/City and CSU to or from the Agency/City or to or from CSU, to
both parties to the addresses and in the manner established in Section 6.1 of this
DDA.
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ARTICLE 3. USE, MAINTENANCE, AND NON-DISCRIMINATION OBLIGATIONS
Section 3.1 Use of Reserve Property. CSU agrees that it shall use the
Reserve Property only for educational purposes as part of CSU mission until the date
that is 25 years after the conveyance of the Reserve Property to CSU, and for no other
purpose whatsoever, except as provided in this DDA. Notwithstanding the foregoing,
CSU may lease or license the operation of retail, commercial, restaurant and service
uses as defined by CSU's mission and Education Code 89046 that are incidental to
and directly supportive of CSU's post -secondary education operations, as
applicable, and to the extent that are customarily associated with similar universities.
Such permitted uses include, but are not limited to, a student union, university
related housing, bookstore, and food concessionaires and/or restaurants.
Section 3.2 Name. CSU agrees (i) that the words "Palm Desert" shall be
included, in perpetuity, in the name of the CSU post -secondary education operations
upon the Reserve Property, and (ii) if a separate campus of the CSU is built upon the
Reserve Property, that the name of the CSU Campus shall be "California State
University, Palm Desert," unless the City and CSU negotiate a mutually agreeable
alternative or unless a different name is designated beyond CSU's control.
Section 3.3 Restrictions on Transfer of Reserve Property. Except as
provided in Section 3.1, CSU shall not convey, sell, encumber, hypothecate, lease or
otherwise transfer (collectively, "Transfer") the Reserve Property or any portion
thereof, or this DDA, or any interest therein, without the prior written consent of the
City, which consent may or may not be given in the sole and absolute discretion of the
City. Except as specifically permitted in Section 3.1 and Section 89046 of the
California Education Code, CSU shall comply with the provisions of Sections 89720
and 89720.5 of the California Education Code.
Section 3.4 Expiration of Covenants and Conditions. Notwithstanding the
foregoing, however, any and all covenants and conditions set forth in Sections 3.1 and
3.4 of this DDA shall terminate as to Reserve Property on the date that is 25 years
after conveyance of the Reserve Property, unless specified to terminate sooner.
Section 3.5 Obligations to Refrain from Discrimination. CSU covenants and
agrees for itself and its successors and assigns, and for every successor in interest to the
Reserve Property, or any part thereof, and to its rights under this DDA, that there shall be no
discrimination against or segregation of any person, or group of persons, on account of sex,
marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Reserve
Property, and CSU shall not establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, subleases, or vendors of any portion of the
Reserve Property or the whole.
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Section 3.6 Form of Nondiscrimination and Non -Segregation Clauses. CSU
shall refrain from restricting the rental, sale or lease of the Reserve Property or any portion
thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed,
ancestry or national origin of any person. All deeds, leases or contracts shall contain or be
subject to substantially the following nondiscrimination or non -segregation clauses:
1. In deeds: "The grantee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on
account of sex, marital status, race, age, handicaps color, religion, creed, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
land herein conveyed, nor shall the grantee himself or any person claiming under or through
him, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, subleases or vendors in the land herein conveyed. The foregoing covenants
shall run with the land."
2. In leases: "The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through him, and
this lease is made and accepted upon and subject to the following conditions:
`That there shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, age, handicap, color, religion, creed,
national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of
the land herein leased, nor shall the lessee himself, or any person claiming under or
through him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy, of
tenants, lessees, sublessees, subtenants or vendees in the land herein leased'."
3. In contracts relating to the sale or transfer of the Reserve Property, or
any interest therein:
"There shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, age, handicap, color, religion, creed,
national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the land, nor shall the transferee himself or any person claiming under
or through him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy, of
tenants, lessees, subtenants, sublessees or vendees of the land."
Section 3.7 Restrictive Covenants. CSU agrees that the covenants and restrictions
set forth in Sections 3.1 through 3.6 shall burden the Reserve Property and shall run with the
land for the benefit of the Agency/City and its successors and assigns, and that the same
shall remain in effect in perpetuity, unless otherwise specifically set forth in connection with
the such covenants and restrictions. The Agency, the City and their successors -in -interest
may obtain by appropriate legal action specific performance of these covenants and
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restrictions and injunctive relief prohibiting the breach of such covenants and restrictions. The
Grant Deed regarding the Reserve Property shall set forth the restrictive covenant as required
by Sections 3.1 through 3.6, above, restricting and burdening the Reserve Property as
set forth in this Article. Such restrictive covenants shall be in a form and in substance
that shall be subject to the approval of CSU and the Agency/City; shall provide that the
restrictive covenants shall remain in effect in perpetuity (unless stated otherwise within
the specific terms set out above); and shall provide that the restrictive covenant shall be
enforceable by the Agency, the City and their successors -in -interest by appropriate
legal action for specific performance of their covenants and restrictions and for
injunctive relief prohibiting the breach of their covenants and restrictions.
Section 3.8. Development of Site.
a. CSU will provide the City with the opportunity to review and comment on
any proposed change in access points from the Reserve Property to the
City of Palm Desert right of way. The City will have 60 days upon receipt of
proposed change to provide comments in writing to the CSU. Construction
related to new access within the City of Palm Desert right of way will
require written consent of the Director of Public Works; such consent shall
not be unreasonably withheld or delayed.
b. CSU will provide the City with the opportunity to review and comment on
schematic design plans (including landscape plans) for new major capital
facilities, and signage along major arterial streets, for the Reserve
Property. The City will have 60 days upon receipt of the concept plans to
provide comments in writing to the CSU.
c. CSU is committed to sustainable landscaping, where appropriate, for the
Reserve Property. It is intended for landscape plans to be sensitive to
local water conservation efforts.
Section 3.9: Higher Educational Opportunities. CSU will continue to work
cooperatively with all regional educational partners to advance higher learning
opportunities for the Coachella Valley. CSU acknowledges that it has received the
Reserve Property as a gift from the citizens of the City of Palm Desert intended to
augment higher educational opportunities for the residents of the City, the Coachella
Valley and the State of California.
ARTICLE 4. EVENTS OF DEFAULT; REMEDIES AND TERMINATION
Section 4.1 Defaults - Definition. The occurrence of any or all of the following
shall constitute a default ("Event of default") under this DDA:
4.1.1 A breach of any material term of this DDA by any Party not
involving the payment of money, and failure of such Party to cure such breach within
the time period stated, or if no cure period is stated, then within thirty (30) days after
the non -defaulting Party has given written notice to the defaulting Party; provided,
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however, if such breach is not reasonably curable within such thirty (30) day period,
then such Party shall be deemed in Default only if such Party does not commence to
cure such breach within such thirty (30) day period and thereafter fails to diligently
pursue a cure of such breach to completion unless the provision breached provides
otherwise;
4.1.2 The Agency/City's failure or refusal to provide any requested
approvals without good faith, legitimate reason which could cause CSU to be deemed
in breach of this DDA or default or threat thereof;
4.1.3 Any breach of this DDA by any Party involving the payment of
money, and the continuance of such breach for a period of thirty (30) days after the
non -defaulting Party has given written notice to the defaulting Party, as specified in
Section 6.1.
Section 4.2 Remedies in the Event of Default. In the event of a Default by any
Party, the non-- defaulting Party shall have the right to terminate this DDA by
delivering written notice thereof to the defaulting Party and to Escrow Holder, subject
to the rights of the defaulting Party to cure such Default as provided above. Such
Party may also seek against the defaulting Party any available remedies at law or
equity, including but not limited to, the right to receive damages or to pursue an action
for specific performance.
Section 4.3 No Personal Liability. No representative, agent, attorney,
consultant, or employee of the Agency/City shall personally be liable to CSU or any
successor in interest of CSU, in the event of any Default or breach by the Agency/City,
or for any amount which may become due to CSU or any successor in interest, on
any obligation under the terms of this DDA. No representative, agent, attorney,
consultant, or employee of CSU shall personally be liable to the Agency/City or any
successor in interest of the Agency/City, in the event of any Default or breach by CSU,
or for any amount which may become due to the Agency/City or any successor in
interest, on any obligation under the terms of this DDA.
Section 4.4 Rights and Remedies are Cumulative. The rights and remedies of
the parties are cumulative, and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same time or different
times, of any other rights or remedies for the same default or any other default by the
non -defaulting Party.
Section 4.5 Inaction Not a Waiver of Default. Any failures or delays by either
Party in asserting any of its rights and remedies as to any default shall not operate as
a waiver of any default or of any such rights or remedies, or deprive either such Party
of its rights to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies. The acceptance
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by a Party of less than the full performance from the other Party shall not constitute a
waiver of such Party's right to demand and receive the full amount due, unless such
Party executes a specific accord and satisfaction.
ARTICLE 5. INDEMNITY
Section 5.1 CSU's Indemnity. From and after the date of recordation of a
grant deed to CSU with respect to of the Reserve Property, CSU shall indemnify,
defend, protect, and hold harmless the Agency and the City, and their agents,
employees, attorneys, and representatives, from and against all losses, liabilities,
claims, damages, costs and expenses (including all reasonable out-of-pocket litigation
costs and reasonable attorney's fees) and demands of any nature whatsoever, related
directly or indirectly to, or arising out of or in connection with:
(i) The development of or Improvements on Reserve Property or
the use, ownership, management, occupancy, or possession of the
Reserve Property,
(ii) Any of CSU's activities on of the Reserve Property (or the
activities of CSU agents, employees, lessees, representatives,
licensees, guests, invitees, contractors, subcontractors, or independent
contractors on of the Reserve Property),
except to the extent such losses or liabilities are caused by the negligence or conduct
of the Agency or the City or its agents or contractors. CSU shall defend, at CSU's
expense, including attorneys' fees and, costs, the Agency and the City, and the
Agency's and the City's council members, board members, officers, employees,
agents, attorneys, and consultants, in any legal action or threatened legal action
(including arbitrations and mediations) based upon such alleged acts or omissions.
The Agency and the City may in their discretion participate in the defense of any such
legal action.
Section 5.2 Agency/City's Indemnity. The Agency/City shall indemnify,
defend, protect, and hold harmless CSU, and its agents, employees, attorneys, and
representatives, from and against all losses, liabilities, claims, damages, costs and
expenses (including all reasonable out-of-pocket litigation costs and reasonable
attorney's fees) and demands of any nature whatsoever, related directly or indirectly
to, or arising out of or in connection with of the Reserve Property with respect to
matters occurring on the Reserve Property prior to the recordation of the grant deed
transferring the Reserve Property to CSU, except to the extent such losses or
liabilities are caused by the negligence or conduct of CSU or its agents or contractors.
The Agency/City shall defend at the Agency/City's expense, including attorneys' fees
and costs, CSU and CSU's board members, officers, employees, agents, attorneys,
and consultants, in any legal action or threatened legal action (including arbitrations
and mediations) based upon such alleged negligence. CSU may in its discretion
participate in the defense of any such legal action.
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ARTICLE 6. GENERAL PROVISIONS
Section 6.1 Notices. All notices and demands shall be given in writing by
certified mail, postage prepaid, and return receipt requested, or by personal delivery.
Notices shall be considered given upon the earlier of (a) personal delivery or (b) 2
business days following after deposit or delivery shown on the return receipt in the
United States mail, postage prepaid, certified or registered, return receipt requested. A
copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as
provided below for the respective Party; provided that if any Party gives notice in
writing of a change of name or address, notices to such Party shall thereafter be given
as demanded in that notice:
The Agency/City: Successor Agency to the Palm Desert Redevelopment
Agency/City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92660
Attn.: Executive Director
Facsimile: 760-341-6372
With a Copy to: Best Best & Krieger LLP
74-760 Highway 111, Suite 200
Indian Wells, CA 92210
Facsimile: 760-340-6698
Attn.: David Erwin
CSU: Dr. Douglas Freer
Vice President for Administration & Finance
California State University, San Bernardino
5500 University Parkway
San Bernardino, California 92407
Telephone: 909-537-5130
Facsimile: 909-537-7032
With a copy to: Dr. Steven Lohr
Chief of Land Use Planning & Environmental Review
California State University
Office of the Chancellor
401 Golden Shore, 2nd Floor
Long Beach, California 90802-4210
Telephone: 562-951-4120
Facsimile: 562-951-4924
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Section 6.2 Construction. The Parties agree that each Party and its counsel
have reviewed and revised this DDA and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting Party shall not apply in the
interpretation of this DDA or any amendments or exhibits. This DDA shall be
construed as a whole according to its fair language and common meaning to achieve
the objectives and purposes of the Parties.
Section 6.3 Force Majeure. Notwithstanding anything to the contrary in this
DDA, a party's nonperformance shall be excused when performance is prevented or
delayed by reason of any of the following forces reasonably beyond the control of
such party: (i) war, insurrection, riot, flood, severe weather, earthquake, fire, casualty,
acts of public enemy, governmental restriction, litigation, acts or failures to act of any
governmental Agency/City or entity, including the Agency/City, or (ii) inability to secure
necessary labor, materials or tools, strikes, lockouts, delays of any contractor,
subcontractor or supplier. In the event of an occurrence described in clauses (i) and
(ii) above, such nonperformance shall be excused and the time of performance shall
be extended by the number of days the matters described in clauses (i) and (ii) above
prevent or delay performance.
Section 6.4 Interpretation In this DDA, the neuter gender includes the feminine
and masculine, and singular number includes the plural, and the words "person" and
"party" include corporation, partnership, governmental entity, firm, trust, or association
wherever the context so requires.
Section 6.5 Time of the Essence. Time is of the essence of this DDA.
Section 6.6 Warranty Against Payment of Consideration for DDAA. CSU, the
Agency and the City, warrant that they have not paid or given, and will not pay or
give, to any third person, any money or other consideration for obtaining this DDA,
other than normal costs of conducting business and costs of professional services
such as architects, engineers and attorneys.
Section 6.7 Entire Agreement: Waivers and Amendments. This DDA may be
executed in duplicate originals. Escrow Holder may accept escrow instructions in
counterparts. This DDA, together with all attachments, exhibits, and other agreements
executed pursuant to the terms of this DDA, constitutes the entire understanding and
agreement of the Parties. This DDA integrates all of the terms and conditions
mentioned or incidental to this DDA, and supersedes all negotiations or previous
agreements between the Parties with respect to the subject matter of this DDA. No
subsequent agreement, representation or promise made by either Party, or by or to
any employee, officer, agent or representative of either Party, shall be of any effect
unless it is in writing and executed by the Party to be bound. No person is authorized
to make, and by execution of this DDA CSU and the Agency/City acknowledge that no
person has made, any representation, warranty, guaranty or promise except as
specifically set forth in this DDA; and no agreement, statement, representation or
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promise made by any such person which is not contained in this DDA shall be valid or
binding on CSU or the Agency/City.
Section 6.8 Severability. Each and every provision of this DDA is, and shall
be construed to be, a separate and independent covenant and agreement. If any
term or provision of this DDA or its application shall to any extent be held to be invalid
or unenforceable, the remainder of this DDA, or the application of such term or
provision to circumstances other than those to which it is invalid or unenforceable,
shall not be affected, and each term and provision of this DDA shall be valid and shall
be enforced to the extent permitted by law.
Section 6.9 Headings. All section headings and subheadings are inserted for
convenience only and shall have no effect on the construction or interpretation of this
DDA. The references to "Section" shall refer to the sections of this DDA unless it is
clear from the context that another meaning is intended.
Section 6.10 No Third Party Beneficiaries other than the City. The parties
specifically acknowledge that the City is intended to be a third party beneficiary of this
DDA with the right to enforce the terms thereof. This DDA is made and entered into for
the sole protection and benefit of the Agency and CSU, the City and their successors
and assigns. No other person, including individual residents of City, shall have any
right of action based upon any provision of this DDA.
Section 6.11 Governing Law: Jurisdiction: Service of Process. This DDA and the
rights of the Parties shall be governed by California law. The Parties consent to the
exclusive jurisdiction of the California Superior Court for the County of Riverside. If any
legal action is commenced by CSU against the Agency/City, or by Agency/City against
CSU, service of process on the Agency/City shall be made by personal service upon the
executive director or secretary of the Agency/City, or in such other manner as may be
provided by law. If any legal action is commenced by Agency/City against CSU, service
of process on CSU shall be made by personal service on the President of the Board of
Trustees of CSU, or in such other manner as may be provided by law. CSU agrees, for
the benefit of the Agency/City, that it shall designate an agent for service of process in
the State of California in the manner prescribed by law, and if it fails to do so, the State
Attorney General of the State of California is designated as agent for CSU, with full
authority to receive such service of process on its behalf, which designation and
authorization shall survive the Close of Escrow and be irrevocable.
Section 6.12 Survival. The provisions of this DDA shall not terminate but rather
shall survive any conveyance and the delivery and performance of all consideration.
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IN WITNESS WHEREOF, the parties have executed this DDA as of the day and
year first written above
AGENCY
SUCCESSOR AGENCY TO
THE PALM DESERT REDEVELOPMENT
AGENCY
By:
Printed Name:
Title:
CITY
CITY OF PALM DESERT
By:
Printed Name:
Title:
CSU
TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY
By:
Printed Name: Elvyra F. San Juan
Title: Assistant Vice Chancellor of
Capital Planning, Design & Construction
RECOMMENDED BY CAMPUS:
California State University, San
Bernardino
By:
Printed Name: Tomas D. Morales
Title: President
For California State University, San
Bernardino
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CAILIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL OD
KsCN. v. .fN.f<.f .f .f .ft f<� .f<.f t!L�<.f .'T< �\<.f .f<.fi.f<�T �<.S�i.fi{ <.'A<✓Tt..\ .L\L.A�< T .r<,S\�:\t: \� :'�' ' '\ .T<.fi.G�<.L�t�<.f�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
Date
personally appeared
before me,
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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 official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — F1 Limited i-1 General
Individual F1 Attorney in Fact
Trustee ( 1 Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
l Partner — C Limited C General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
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Successor Agency to CSU Transfer
Date: ?1�9
12/2014 VICINITY MAP