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Home My WebLink AboutSA-RDA 071RESOLUTION NO. SA-RDA 071 A RESOLUTION OF THE BOARD DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING THE ASSIGNMENT OF THE SUCCESSOR AGENCY'S INTERESTS AND OBLIGATIONS UNDER A COOPERATIVE AGREEMENT AND RELATED DOCUMENTS FOR THE SHERIFF STATION PROPERTY AND TAKING OTHER RELATED ACTIONS RECITALS: A. In 2008, the former Palm Desert Redevelopment Agency (the "Former Agency") and the County of Riverside (the "County") conveyed a property, consisting of approximately 10.87 acres located on Gerald Ford Drive (the "Property"), to the County for the development and use of the Property as a sheriff station; and B. Such conveyance was pursuant to a Cooperative Agreement Between The Palm Desert Redevelopment Agency and the County of Riverside Concerning the Construction Financing and Acquisition of Sheriff Station, dated as of July 29, 2008 (the "Cooperative AgreemenY'); and C. Pursuant to the Cooperative Agreement, there were also executed a Grant Deed for the transfer of the Property, a Landscape Maintenance Agreement, and a Restrictive Covenant Agreement (collectively, with the Cooperative Agreement and other documents executed in connection therewith, the "Sheriff Station Documents"); and D. The Sheriff Station Documents contain terms and provisions which continue to bind and benefit the County and the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") as the successor to the Former Agency; and E. Contained in the Sheriff Station Documents are certain restrictive covenants including, among others, a covenant by the County to maintain the Property as a sheriff station, so long as the County is under contract to provide sheriff services to the City of Palm Desert (the "City"); and F. As such, the Former Agency's interests under the Sheriff Station Documents (which are now the Successor Agency's interests) are assets used for governmental purposes; and G. HSC Section 34181(a)(1) sets forth certain requirements for the Oversight Board to direct the Successor Agency to dispose of the Former Agency's assets, but provides that the Oversight Board may direct the Successor Agency to transfer ownership of an asset that was constructed and used for a governmental purpose (including, among others, police stations) to the appropriate public jurisdiction; and G:`,rda`.Vcrunica'I apia\ti'ord I�ilcs\Staff Rcports\Succcssc�r Agcnc}\Palm Descrt - SA reso rc Shcriff Station intcrest assi�nment >-2�-I R doc� RESOLUTION NO. SA-RDA 071 H. In furtherance of the Successor Agency's task to wind-down the Former Agency's affairs, there has been prepared the form of an Assignment and Assumption "" Agreement (the "Assignment Agreement"), to be entered into by the Successor Agency and the City, whereby the Successor Agency will assign all of its obligations, rights and '' interests under the Sheriff Station Documents to the City; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. A�proval of Assignment. The assignment of the Successor Agency's obligations, rights and interests under the Sheriff Station Documents to the City is hereby approved. Each of the Chair of this Board, the Vice Chair of this Board and the Executive Director of the Successor Agency (each, an "Authorized Officer"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Assignment Agreement in substantially the form attached hereto as Exhibit A, with changes therein as the Authorized Officer may approve (such approval to be conclusively � evidenced by the execution and delivery thereofl. � Section 3. Oversiqht Board Action. The Oversight Board is hereby requested to approve and direct: (i) the Successor Agency's assignment of its obligations, rights and interests under the Sheriff Station Documents to the City; and (ii) the Successor Agency's execution and delivery of the Assignment Agreement. The Agency Secretary is hereby directed to transmit this Resolution to the Oversight Board for consideration at the earliest possible date. Section 4. Other Acts. The Authorized Officers and other officers and Staff members of the Successor Agency are hereby authorized, jointly and severally, to do all things (including but not limited to the execution of any certificates or other instruments) which they may deem necessary or proper to effectuate the purposes of the Assignment Agreement and this Resolution, and any such actions previously taken are hereby ratified and confirmed. .�. �.�, -2- G Uda\Veronica Tapia\Word f'ilcs\Staff Reports\Successor Agency\Palm Dcscrt - SA reso re Sheriff Station intcrest assignment 5-24-18 docx RESOLUTION NO. SA-RDA 071 PASSED, APPROVED and ADOPTED this 24th day of May, 2018. AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN NOES: NONE ABSENT: rroNE ABSTAIN: NONE � ""- �,� �\ SABBY J ATHAN, CHAIR ATTEST: R HEL E D. KLASS , SECRETA Y SUCCESSOR AGENCY TO PALM DESERT REDEVELOPMENT AGENCY -3- G\rda`•Vcronica I apia\��'ord Gilcs\Staff Reports\Successor A�ency\Palm D�sert - SA reso re Sheril�f Station interest assignment �-24-1R duc� RESOLUTION NO. SA-RDA 071 [This page has intentionally been left blank.] � L : ] f`� � . +r EXHIBIT A ASSIGNMENT AND ASSUMPTION AGREEMENT (substantial final form) (� \rda'.Veronica I apia'�1'ord l�iles�.Stafl ftepurts�5uccessor Agenc�'�Palm Dcsert - SA r�so re Sheriffi Station interest assi��nment �-2�1-18 di�c� RESOLUTION NO. SA-RDA 071 . .� [This page has intentionally been left blank.] ...� � � RESOLUTION NO. SA-RDA 071 RLCORDING KI�QiJI:S"I�F,I) BY: ('itv of�Palm I)escrt 73-5 ] 0 }�red �Varing Uri��e Palm i�cscrt, CA 92660 And «-hen recorded return to: Cit�� of Palm Dcscrt 73-510 Fred Waring Urive Palm neserl. CA 92660 �ttn: Cit� Manager V�'ith a cop}' to: Richards, Watson & Gershon 355 S. Grand Ave., 40th Ploor Los Angeles, CA 90071 nttn: Jim G. Gra��son, Esq. ------.- --- -- ----- - - - - - -- _ ---- ------- SP.9C'l: :1130I "(; 7�flI.S l./.\'1: 1•OR RF_('OIZ/)I:R'.S ( .S'!: This Assignment and Assumption Agreement is eaempt from ltecording Fees pursuant to California Go��ernment Code Sections 6103 and 27383 ASSI(�NMENT Al�l) ASSUMPTION AGREEMENT (Sheriff Station) 'I�his ASSIGNMI.:NT A?�iD ASSiJMP"1'IO'�' AGR�:f:MCi�'�I' (the `'Agrecment"), is dated as of' , 2018, and is entered into by and bet�veen the SUCCESSOIZ A(iLNCY "1�O "1'I-IE PAI.,M UESER"I' RL;[)I:VI;LOPMI�I�'�T AGI=NCY (the `'Successor Agency'�), and thc CITY O}= PAI.M DESF,R'1�, a California municipal corporation (thc '`City�''). RECI7�AI,S A. The former Palm I)esert Redevelopment Agency (the "Former Agency'�). and the County of Riverside, a political subdi��ision of the State of California (the `'Count}�"), entercd into that certain Cooperative Agreement Concerning the Construction Financing and Acquisition of Sheriff Station, dated as of July 29, 2008 (the `Cooperative Agreement"j. t3. Pursuant to the Cooperative Agreement, the Fornler Agency entered llli0 that certain Landscape; Maintenance Agreement with the County, dated as of October 28, 2008 and recorded as I)ocument No. 2008-0�77�37 in the Official Records of the Count}' Rccorder of Riverside Count�� (the "I,aildscape Agreemciit"). C. Pursuant to the Cooperati��e Agreement, the Former Agency entered into that certain Restrictive Co�enant Agreement ��ith the Count}�, dated as of October 28. 2008 and izstz-000i�,ziszoai�� a,�� RESOLUTION NO. SA-RDA 071 recorded as llocument 1�To. 2008-0�77�36 in the Official Records of the County Recorder of Ri��crside County (the `'Kestrictive Co��enant"). U. Pursuant to the Cooperati��e Agreement, the Former Agency executed and delivered that certain Grant Ueed to County, dated as of October 28, 2008 and recorded as Document �10. 2008-0577�35 in the Official Records of the County recorder of Ri��erside County (the "Grant Deed"). F.. I'ursuant to AE3 X1 26 (enacted in June 2011, as modified b�� the California Supremc Court's decision in Calif )Yi91Q RL'CIL'i'L'I0�7171Ci1( ASSOCIpIIOYI, et ul. 1•. Af�u Matosnntos, et nl., 53 Cal.4`h 231(2011) ("Mntosantos"), the Former Agency �vas dissol��ed as of February 1, 2012, the Successor Agenc}� �i'as established, and an o��ersight board to the Successor Agenc}' ��as established. F. Pursuant to California l�ealth and Safet}� Code ("}-ISC") Section �417�(b) and the California Supremc Court's decision in Mutosa�ztos. on February l, 2012, propertics of the I�ormer Agenc}� transferred to the control of the Successor Agency by operation of la��, including the Former Agenc}''s rights and obligations under the Cooperative Agreement, Landscape Agreement, Restrictive Covenant, and the Grant Deed, and all other documents pertaining to and executed b}' the Former Agency in connection there��ith. NOV�', "I'I�I�RI:FORE, for and in consideration of the following agreements of the parties hereto the City� and the Successor Agency hereby agree as follo��s: AGREEMENT . ..,,, �� 1. Assignment. f1s of the date hereof; the Successor Agency assigns to the Cit}�: (i) all .,,,,, of the Successor �gency's rights and interests in, under and to the Cooperati��e Agreement, I.andscape Agreement, Restrictive Co��enant, Grant Deed, and all other documents pertaining to and executed by the Former Agenc}� in connection therew�ith; and (ii) all ofthe Successor Agenc}�'s obligations under the documents described in (i) above arising after the date hereof; it being agreed among the parties hereto that the Successor Agency shall retain the obligations or liabilit�� under such documents that arose prior to the date hereof. 2. Assumption. As of the date hereof; the City accepts the assignment ot� the Successor Agency's rights, interests in, under and to the Cooperative Ag►-eement, the Landscape Agreement, the Restricti��e Covenant, the Grant Deed and all other documents pertaining to and executed b} the Former Agency in connection there�vith as described in Section 1(i), and assumes t}le obligations of Successor Agency thereunder arising after the date hereof. 3. Governin� Law�. This Agreement shall be go��erned by, and construed in accordance w�ith, the laws of the State of California. 4. Further Assurances. The parties hereto hereb}� agree to execute such other documents and perform such other acts as may be necessar}' or desirable to carry out the purposes of this Agreement. r-w 5. Successors and Assigns. I�his Agreement shall inure to the benefit of. and be binding upon, the parties hereto and their respective successors and permitted assigns. ._ 12812-OOQ 1'•21820d 1 � 3.doc -2- RESOLUTION NO. SA-RDA 071 6. �,ttorne�-s' Fees. Should an}� action be brou��ht arisin� out of this :��recment. includin��. �� ithout limitation, anv action for declarator� or injuncti��c; relief�_ cach part� shall hear I�ICIC (11�I1 attorne�s� fees and costs and espenses of in��cstigation as ma� b� incurrcd. 7. �;��cution in Counterparts. �l�his :�grcement ma� be exccutcd in one or morc counterparts, each of ��hich shall be dremed as original but all of ��hich to�ether shall constitut� OI1C �l1]C� lI1C Stlllle 1I1S1CL1171CI1L. I\ �'�'I"I�\f�:SS �l�I{I�:R��(�I=. the parties hercto ha�c etltcrecl i»to this ��ree:mcnt as c�f t}l� �late tirst set torth abo� c. S�CCESSOR �►GI�;\Cl': SUCCF�:SSOR �1GF\CY �f0 "I�l ll-: Ri�:f)EVEI.O1'�il�:\�I� :1GL;\CY Ol� "I�f f� CI�I YO}� I'�11,�1 I)ESI�:It�l f3��: I.auri A� laian. l;zccuti�� Uirector CI'1'Y': C1"I�Y OI� F'.��I_�1 I�f.:SI:IZ�I�. a C'aliiornia municipal co�poration E3� : �abb� .ic�nathan. '�ta��or :�ttCst: Rachclle I). Klassen. ('it�� (.'lerk ��I'I'KOV1�,U :�S �1�C) I�OR;�1: IZIC'II�1RI)S. ��':�"l�SO:�' & GI:IZSIfO\. .� I'rulcssional Cc�rporation f3��: - -- -_ _. . . _ — ----lim (ira�son Special Counscl to th� Succcssor ��cnc�� , i�si�-�,��ui �ir�c�:i,=�i�� -_�-