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HomeMy WebLinkAbout1982-03-11MINUTES PALM DESERT REDEVELOPMENT AGENCY THURSDAY, MARCH 11, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Wilson called the meeting to order at 7:36 p.m. II. ROLL CALL Present: Excused Absence: Vice Chairman Alexis D. Newbrander Member Walter H. Snyder Chairman S. Roy Wilson Member James E. McPherson Member Romeo S. Puluqi III. CONSENT CALENDAR A. MINUTES of the Redevelopment Agency Meeting of February 25, 1982. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the Redevelopment Agency of February 26, 1982. Rec: Approve as presented. C. MINUTES of the Adjourned Meeting of the Redevelopment Agency of March 4, 1982. Rec: Approve as presented. D. REQUEST FOR APPROVAL OF AGREEMENT WITH' THE CITY OF INDIAN WELLS for the Construction of Flood Control Facilities. Rec: Approve the Agreement and authorize the Chairman and Secretary to sign. Upon motion by Newbrander, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Members present. IV. PUBLIC HEARINGS None V. RESOLUTIONS None VI. NEW BUSINESS None YII. OLD BUSINESS None M. CONSENT ITEMS HELD OVER None MINUTES PALM DESERT REDEVELOPMENT AGENCY MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. ORAL COMMUNICATIONS None X. REPORTS AND REMARKS A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI. ADJOURNMENT Member Snyder moved to adjourn the meeting to Closed Session. Member Newbrander seconded the motion; carried by unanimous vote of the Members present. Chairman Wilson adjourned the meeting to Closed Session at 7:37 p.m. Chairman Wilson reconvened a Joint Meeting of the City Council and Redevelopment Agency from Closed Session at 7:47 p.m. He announced that the Council/Agency had been in Closed Session to discuss an Agreement that the Council and Agency must either ratify or reject. It is an Agreement that has been signed by the City and the Agency and the Vintage Properties Associates. He read portions of the Agreement noting that if anyone would like to see it in its entirety, they could do so after the meeting. "The first part addresses itself to the suit and names the legal specifics of the suit and so forth and tells when it was filed and those sort of things. Then it goes on to say 'the parties have negotiated a settlement of the controversies existing between them with respect to the above referenced' which was the lawsuit." "Wherefore, the parties hereto agree as follows: 1) The City of Palm Desert will assume all obligations and costs and hold Vintage harmless as to the Vintage obligation under Provision 3(b) and Exhibit D, Item 3, of the April 27th, 1979, agreement between Indian Wells Associates and the Coachella Valley Water District pertaining to the construction of a culvert or box section under Portola Avenue. A copy of the agreement between Indian Wells Associates and Coachella Valley Water District is hereby attached as Exhibit A." Chairman Wilson stated that this translates out to the fact that the City of Palm Desert will assume the responsibility for building the culvert under Portola where currently a dip in the road exists — a very temporary condition. "The City of Palm Desert agrees to immediately process and approve the application for three real property parcels which are within the Vintage Club development and which are within the boundaries of the City of Palm Desert." He explained these are three small parcels that are part of the Vintage development that happen to be in Palm Desert, and we would process a deannexation so that the entire development would now lie within Indian Wells. "Upon execution of this Agreement by all parties, Vintage will file with the Superior County of the State of California, County of Riverside, a dismissal with prejudice of the above referenced lawsuit." "In the event of any litigation arising out of this agreement, the prevailing party in such litigation shall be entitled to its reasonable attorney's fees and costs. The effective date of this Agreement shall be March 11, 1982." Member Snyder moved to ratify the Agreement. Member Newbrander seconded the motion. Motion carried unanimously by vote of the members present. -2- MINUTES PALM DESERT REDEVELOPMENT AGENCY MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chairman Wilson announced that on the faith that this Council and Agency would ratify this Agreement, the Notice of Dismissal had been filed that afternoon. The lawsuit had been dropped and this Agreement is in effect. Councilman/Member Newbrander moved to adjourn the City Council meeting to 2:15 p.m. on Tuesday, March 16, 1982, and adjourn the Redevelopment Agency period. Councilman/Member Snyder seconded the motion. Motion carried by unanimous vote of the members present. Mayor/Chairman Wilson adjourned the meeting at 7:56 p.m. ATTEST: SHEILA R. GILLIG J SECRET PALM DESERT REDEVELOP „ AGENCY -3-