HomeMy WebLinkAboutResolution 581 and 2011-12 Delegation and Conveyance Ageement between City and Redevelopment AgencyCITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY
JOINT CONSIDERATION STAFF REPORT
REQUEST: AGENCY HOLD A PUBLIC HEARING, AND THE AGENCY AND
CITY COUNCIL ADOPT RESOLUTION NOS. 581 AND 2011-12
APRROVING THE DELEGATION AND CONVEYANCE
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE
PALM DESERT REDEVELOPMENT AGENCY
SUBMITTED BY: Catherine Walker, Senior Management Analyst
DATE: February 24, 2011
CONTENTS: Resolution No. 581
Resolution No. 2011-12
Delegation and Conveyance Agreement contract No. R30610
Recommendation
1) That the Agency Board hold a public hearing on the attached
Delegation and Conveyance Agreement; and
2) Following public testimony, the City Council and Agency Board,
waive further reading and adopt Resolution Nos. 581 , and
2011-12 approving the attached Delegation and Conveyance
Agreement; and authorizing the City Manager/Executive Director to
execute the Agreement and any and all documents necessary to
facilitate the Agreement; and
3) By Minute Motion, authorize the Mayor/Chairman to execute any and
all documents necessary for the conveyances.
Background
Resolution Nos. and , in conjunction with the Delegation and Conveyance
Agreement (Agreement), provide for the transfer of several Palm Desert
Redevelopment Agency (RDA) properties to the City of Palm Desert (City) and the
delegation by the Agency to the City of the Agency's powers and functions with respect
to the planning and undertaking of the redevelopment of these properties.
Redevelopment of the properties by the City could include, without limitation, the
elimination of blight through future community planning, economic development,
preservation of open space, and the installation and construction of infrastructure, public
facilities, and higher education facilities. The Resolutions also allow for assignment of
Staff Report
Property Transfer
February 24, 2011
Page 2 of 2
existing agreements with respect to such redevelopment activities from the Agency to
the City. The property transfers and the delegation of the powers and functions of the
Agency to the City are authorized by, among other sections, Sections 33205 and 33220
of the Redevelopment Law.
Section 33205 of the Redevelopment Law, authorizes the Agency to delegate to the
City any of the powers or functions of the Agency with respect to the planning or
undertaking of redevelopment projects. Section 33220(g) of the Redevelopment Law
authorizes the City, for the purpose of aiding and co-operating in the planning,
undertaking, construction, or operation of redevelopment projects located within the
area in which the City is authorized to act, to acquire land in a project area from the
Agency for redevelopment in accordance with the redevelopment plan for such project
area.
Staff recommends approval of the Delegation and Conveyance Agreement between the
Palm Desert Redevelopment Agency and the City of Palm Desert.
Fiscal Analysis
No appropriation is required.
Submitted By: Department Head:
Catherine WpkdS,�anagement Analyst Jus, rin McCarthy; ACIV��edevelopment
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Approval: NOES: l ..�..,....____
ABSENT:
ABSTAIN: 2
VERIFIED BY:
Jo . Wohlmuth, City Manager/ExecutierWiinreRour le with Ci terk's Office
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VERIFIED BY —(-)-OK &I
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G:\rda\Cathy Walker\Word Data\STAFF REPORTS\RDHStaffProperty Resolution (2).DOC
RESOLUTION NO. 2011-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT APPROVING A DELEGATION AND
CONVEYANCE AGREEMENT BETWEEN THE CITY AND THE
PALM DESERT REDEVELOPMENT AGENCY
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Redevelopment Agency (the "Agency") is a duly
constituted redevelopment agency under the laws of the State of California and pursuant to such
laws is responsible for the administration of redevelopment activities within the City of Palm
Desert ("City").
Section 2. Pursuant to the Community Redevelopment Law (California Health and
Safety Code Section 33000, et seq.) (the "Redevelopment Law"), the Agency is undertaking a
program to redevelop its redevelopment project areas known as Project Area No. 1, Project Area
No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and
collectively, the "Project Areas").
Section 3. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency.
Section 4. Pursuant to Section 33220(g) of the Redevelopment Law, any public
entity, for the purpose of aiding and co-operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area.
Section 5. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary).
Section 6. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property.
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Section 7. The Agency owns the fee interest in each of the real properties (each
individually, a "Property"; and collectively, the "Properties") described in Exhibit A of the
Delegation and Conveyance Agreement attached hereto as Exhibit 1 and incorporated herein by
reference (the "Agreement").
Section 8. The City of Palm Desert ("City") desires to aid, and cooperate with, the
Agency in the planning, undertaking, construction and operation of redevelopment projects, and
in that regard the Agency has determined to convey the Properties to the City and to delegate to
the City the powers and functions of the Agency with respect to the planning and undertaking of
redevelopment projects in accordance with the Redevelopment Plans, and the City has
determined to accept the conveyance of the Properties and the Agency's delegation of its powers
and functions and in that regard, the Agency and City wish to enter into the Agreement.
Section 9. On February 24, 2011, the Agency held a duly -noticed public hearing
regarding the Agreement.
Section 10. The Agency hereby finds that it can be seen with certainty that there is no
possibility that the approval of the Agreement may have a significant effect on the environment.
The approval of the Agreement does not authorize construction and will not result in a direct or
indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ("CEQA") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 11. The Agreement is hereby approved in the form attached hereto as
Exhibit 1 and the Mayor (and any other officer of the City authorized to sign agreements
pursuant to an ordinance adopted in accordance with Government Code Section 40602) (each, an
"Authorized Officer") is hereby authorized, acting singly, to execute and deliver the Agreement
in substantially said form with such changes therein as the Authorized Officer executing the
same may approve (such approval to be conclusively evidenced by the execution and delivery
thereof).
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Section 12. The officers of the City are herby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents, and, if
appropriate, record documents, which they may deem necessary or advisable in order to
effectuate the purposes of this Resolution, and any such actions previously taken by such officers
are hereby ratified and confirmed.
PASSED, APPROVED AND ADOPTED this day of
, 2011.
Mayor
ATTEST:
City Clerk
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EXHIBIT 1
Delegation and Conveyance Agreement
Exhibit 1
P6402-0001\1327749vLdoc
Contract No. R30610
DELEGATION AND CONVEYANCE AGREEMENT
This DELEGATION AND CONVEYANCE AGREEMENT (this "Agreement"), dated
as of , 2011 (the "Effective Date") is entered into by and between the PALM
DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"),
and the CITY OF PALM DESERT, a municipal corporation (the "City").
RECITALS
A. Pursuant to the Community Redevelopment Law (California Health and Safety
Code Section 33000, et seq.) (the "Redevelopment Law"), the Agency is undertaking a program
for the redevelopment of blighted areas in the City.
B. Redevelopment Plans (each individually, a "Redevelopment Plan"; and
collectively, the "Redevelopment Plans") for four redevelopment project areas known as Project
Area No. 1, As Amended, Project Area No. 2, Project Area No. 3 and Project Area No. 4 (each
individually, a "Project Area"; and collectively, the "Project Areas") have been duly approved
and adopted by the City.
C. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect
to the planning or undertaking of a redevelopment project in the area in which such community
is authorized to act, and such community is authorized to carry out or perform such powers or
functions for the redevelopment agency.
D. Pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for
the purpose of aiding and co-operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act,
may, with or without consideration, acquire land in a project area from a redevelopment agency
for redevelopment in accordance with the redevelopment plan for such project area.
E. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to
any of the powers granted by the Redevelopment Law or any other law (and such agreement may
extend over any period, notwithstanding any law to the contrary).
F. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise
dispose of any real or personal property or any interest in property.
G. The Agency owns the fee interest in each of the real properties described in
Exhibit A attached hereto and incorporated herein by reference (each individually, a "Property";
and collectively, the "Properties").
H. The City desires to aid, and cooperate with, the Agency in the planning,
undertaking, construction and operation of redevelopment projects, and in that regard the Agency
has determined to convey the Properties to the City and to delegate to the City the powers and
functions of the Agency with respect to the planning and undertaking of redevelopment projects
P6402-000 l \ ] 3260000. doc
Contract No. R30610
in accordance with the Redevelopment Plans, and the City has determined to accept the
conveyance of the Properties and the Agency's delegation of its powers and functions.
NOW, THEREFORE, in reliance upon the foregoing Recitals, in consideration of the
mutual covenants in this Agreement, the parties hereto agree as follows:
Section 1. Conveyance of Properties. The Agency shall convey all of its right, title
and interest in and to the Properties to the City. The City shall accept such conveyance. The
Agency shall execute and deliver a Grant Deed or Grant Deeds, substantially in the form
attached hereto as Exhibit B, evidencing the conveyance of the Properties. The City shall
execute the Certificate of Acceptance(s) attached to the Grant Deed(s), evidencing the City's
acceptance of the conveyance.
Section 2. Delegation of Redevelopment Functions and Powers. The Agency hereby
delegates to the City all of the Agency's functions and powers conferred by law with respect to
the planning and undertaking of redevelopment projects with respect to the Properties, including
but not limited to, planning, development, replanning, redesign, clearance, reconstruction, or
rehabilitation, or any combination thereof, of the Properties; developing building sites on the
Properties; providing residential, commercial, industrial, public, or other structures or spaces on
the Properties or with respect to the Properties; altering, improving, modernizing, reconstructing,
or rehabilitating, or any combination of these, of existing structures on the Properties; providing
for open -space types of use on the Properties or with respect to the Properties; continuing
existing buildings or uses on the Properties; selling or leasing the Properties or any
improvements thereon; insuring the Properties and any improvements thereon; and renting,
maintaining, managing, operating, and repairing the Properties and any improvements thereon.
The City hereby accepts this delegation and agrees to undertake the redevelopment of the
Properties in a manner consistent with all applicable laws and the respective Redevelopment
Plans (as they may be amended hereafter from time to time). It is hereby acknowledged and
agreed that, upon acceptance of this delegation, so long as the City is not in violation of the law
or the respective Redevelopment Plans, the City shall have absolute discretion regarding the
exercise by the City of the functions and powers delegated to it pursuant to this Agreement,
including, without limitation, the determination of specific actions to be undertaken by the City
with respect to the redevelopment of the Properties, and the manner and timing of undertaking
such actions. Prior to commencement of work on any redevelopment project, all necessary
environmental review required by the California Environmental Quality Act ("CEQA") shall be
completed. This Agreement in no way limits the discretion of the Planning Commission of the
City, the Agency Board or the City Council of the City in completing environmental review of
such projects.
Section 3. Payments b tAgency.
(a) The Agency and the City agree that the Agency shall bear, and reimburse
the City for, all costs of the acquisition, condition, use, possession, ownership, operation,
maintenance, and redevelopment of the Properties by the City pursuant to this Agreement
(including, without limitation, costs incurred by the City in the performance of any contractual or
other obligations either imposed by operation of law or expressly or impliedly assumed by the
City and arising from (i) the acceptance of the delegation of the functions and powers of the
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Agency hereunder, or (ii) the ownership, use or possession of the Properties) and the costs, if
any, incurred by the City in connection with the enforcement of this Agreement. To the extent
that the City incurs any such costs, the City may advance its own funds to pay for such costs, and
from time to time submit invoices (including itemized statements) showing the costs due to be
paid by the Agency. Such amounts may include progress payments.
(b) The Agency shall pay to the City all amounts due hereunder within a
reasonable time after the submission of each statement to the Agency pursuant to Section 3(a).
(c) Notwithstanding the foregoing, to the extent that another agreement
entered into by the Agency and the City also provides for the reimbursement by the Agency of
certain costs incurred with respect to the redevelopment of a Property, the City may elect to
receive reimbursement for such costs under either this Agreement or the other agreement.
(d) For any and all amounts due to the City under this Agreement, the Agency
shall make such payments from (i) tax increment generated in the applicable Project Area related
to the Property for which reimbursement is requested, and eligible to be allocated to the Agency
pursuant to the Redevelopment Law, or to any successor agency or entity of the Agency and/or
any entity established by law to expend tax increment or pay indebtedness of the Agency; (ii)
available proceeds of tax allocation bonds or other obligations of the Agency; (iii) available
proceeds from loans or other obligations which constitute indebtedness of the Agency repayable
from tax increment (as described in the foregoing clause (i)); or (iv) any other available funds of
the Agency. Amounts not paid by the Agency to the City within 30 days of demand therefor
pursuant to this Agreement shall bear interest at the rate then paid to the City on its funds
invested in the Local Agency Investment Fund ("LAIF"), plus one and one-half percent per
annum from the date of such demand to the date of repayment. In any event, all amounts due
hereunder shall be due and payable to the City by the date established in the applicable
Redevelopment Plan, or the Redevelopment Law, or other law, as the time limit for the
repayment of indebtedness with respect to the applicable Project Area related to the Property for
which reimbursement is requested.
(e) Proceeds from the sale or lease of the Properties, if any, received by the
City shall be retained by the City and applied by the City to pay for, or reimburse the City for,
the costs incurred by the City pursuant to this Agreement, as described in paragraph (a) of this
Section 3, and/or, at the discretion of the City to repay existing indebtedness of the Agency to the
City.
(f) The payment obligations of the Agency under this Agreement (including
without limitation, reimbursements to the City with respect to the redevelopment of each
Property or in connection with enforcement of this Agreement, or payments relating to the
Agency's indemnification obligations contained herein) shall constitute an indebtedness of the
Agency for the purpose of carrying out the Redevelopment Plan for each applicable Project
Area. The parties acknowledge and agree that the Agency's obligation to pay to or for the
benefit of the City all amounts due hereunder, shall, without the necessity of further action by the
Agency or the City, be junior and subordinate to all other obligations or indebtedness heretofore
or hereafter voluntarily incurred by the Agency, including bonds or loans secured by a pledge of
tax increment revenues derived from the applicable Project Area, and to all pre-existing statutory
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obligations of the Agency pursuant to Section 33607.5 or 33606.7 of the Redevelopment Law (or
successor statutes).
Section 4. Nondiscrimination. The City covenants by and for itself, its 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 any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code,
as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the City, or any person claiming under or through it, establish or permit any
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises
herein conveyed.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to each Property shall contain or
be subject to substantially the following nondiscrimination/nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her 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 any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming
under or through him or her, establish or permit any practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
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or her, 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 any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or
enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, 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 premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by and for
himself or herself and their respective successors and assigns, that there shall be no
discrimination against or segregation of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those
bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting
party or parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
Section 5. Indemnification.
(a) The Agency agrees, to the fullest extent permitted by law but subject to
Section 5(b) below, to indemnify, defend and hold harmless the City and its council members,
officers, employees and agents from and against any and all losses, claims, damages, liabilities,
penalties, fines, forfeitures or expenses (including all reasonable out-of-pocket litigation costs
and reasonable attorney's fees), of every kind, character and nature whatsoever, including, but
not limited to, those arising out of, resulting from or in any way connected with (a) the
acquisition, condition, ownership, use, possession or redevelopment of the Properties or any part
thereof, (b) the implementation of the Redevelopment Plans related to such redevelopment of the
Properties; (c) any other action taken by the City in the exercise of the functions and powers
delegated to it by the Agency under this Agreement or to carry out the purpose of this
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Agreement; (d) any breach or default by the Agency hereunder; (e) any of the Agency's
activities on the Properties (or the activities of the Agency's agents, employees, lessees,
representatives, licensees, guests, invitees, contractors, subcontractors, or independent
contractors on the Properties), regardless of whether such losses and liabilities shall accrue or are
discovered before or after termination or expiration of this Agreement; and (f) the presence or
clean-up of hazardous substances on, in or under the Properties. The Agency further agrees, to
the fullest extent permitted by law, to pay or to reimburse the City and its council members,
officers, employees and agents for any and all costs, reasonable attorney's fees, liabilities or
expenses incurred in connection with investigating, defending against or otherwise in connection
with any such losses, claims, damages, liabilities, expenses or actions.
The Agency shall defend, at its expense, including attorney's fees, the City and its
council members, officers, employees and agents in any legal action based upon such alleged
acts or omissions. The City may in its discretion participate in the defense of any such legal
action.
The Agency's indemnity obligations contained in this Section 4(a) shall survive the
termination or expiration of this Agreement.
(b) In contemplation of the provisions of California Government Code
Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government Code
Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by negligent or wrongful acts or
omissions occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Government Code Section 895.2. To achieve the above -
stated purpose, each party indemnifies, defends and holds harmless the other party for any
liability, losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
Section 6. Default.
(a) If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice from the
non -defaulting party, the party failing to perform or adequately perform shall be in default
hereunder. All notices of defaults shall clearly indicate a notice of default under this Agreement.
(b) In the event of default, the non -defaulting party will have all the rights and
remedies available to it at law or in equity to enforce the provisions of this Agreement, including
without limitation, the right to sue for damages for breach of contract. The rights and remedies
of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the
non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or
deny any right or remedy, at law or in equity, existing as of the date of the Agreement or
hereinafter enacted or established, that may be available to the non -defaulting party against the
defaulting party.
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(c) 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 by a party of less than the full amount due 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.
Section 7. Nonliability of Officials and Employees. No Agency member,
Councilmember, and no official, agent, or employee of the Agency or the City shall be
personally liable to the other parties, or any successor in interest, in the event of any default or
breach by the Agency or the City, or for any amount which may become due to the City or
Agency, or successor thereto, or on any obligations under the terms of this Agreement.
Section 8. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State of California, and is to be so construed.
Section 9. Severability. Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
Section 10. Entire Agreement, Waivers and Amendments. This Agreement, together
with all attachments and exhibits hereto, constitutes the entire understanding and agreement of
the parties. This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties
with respect to the subject matter hereof. No subsequent agreement, representation or promise
made by either party hereto, 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 thereby.
No person is authorized to make, and by execution hereof the City and the Agency acknowledge
that no person has made, any representation, warranty, guaranty or promise except as set forth
herein; and no agreement, statement, representation or promise made by any such person which
is not contained herein shall be valid or binding on the City or the Agency.
Section 11. Future Cooperation. The City and the Agency agree to take all
appropriate actions and execute and, if appropriate, record any documents which may reasonably
be necessary or convenient to implement the intent of this Agreement.
Section 12. Survival. The provisions hereof shall not terminate but rather shall
survive any conveyance hereunder.
Section 13. Binding on Successors. The covenants established in this Agreement
shall, without regard to technical classification and designation, be binding on the parties hereto
and their successors and assigns.
-7-
P6402-000 h 13260000. doc
Contract No. R30610
Section 14. No Third Party Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of, and shall be binding upon, the parties and their respective
successors and assigns. No other person shall have any right of action based upon any provision
of this Agreement.
Section 15. Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
PALM DESERT REDEVELOPMENT
AGENCY
C
ATTEST:
Secretary
Chairperson
CITY OF PALM DESERT
I3
Mayor
ATTEST:
City Clerk
-8-
P6402-0001 \ 13260000.doc
EXHIBIT A
DESCRIPTION OF PROPERTIES
ADDRESSES AND ASSESSOR'S PARCEL NUMBERS, TO BE REPLACED WITH LEGAL
DECRIPTIONS.
(SEE ATTACHED)
Exhibit A-1
P6402-000 h 1326000v6.doc
ADDRESS APN
RDA - Land
44887 San Antonio Circle
627-071-012
44870 San Antonio Circle
627-071-015
44850 San Antonio Circle
627-071-016
44889 San Clemente Cir
627-071-025
Vacant lot on San Clemente Circle
627-074-013
Vacant lot on SanBenito Circle
627-092-043
44845 San Clemente Circle
627-071-023
73697 Santa Rosa
627-102.019
44215 San Pascual
627-102-017
Haystack"Open Space"
630-250-022
42135 Kansas Street
637-033-001
Hillside "Open Space"
628-120-001
Adobe Villas - 45330 Ocotillo Drive
6 1-br units; 6 2-br units
627-232-005
East of Cook betw Gerald Ford & Frank Sinatra - Cal State San Bernardino, Coachella
Valley Campus
694-160.003
694-200-001
42135 Kansas Street
637-033-001
Public Facilities Expansion
San Pablo betw Fred Waring Dr.
& Santa Rosa Way
627-101-002
627-101-017
627-101-033
627-101-038
627-101-039
Vacant Land -Larkspur Lane & Shadow Mountain Dr NEC
627-262-008
627-262-011
12 AC Project - "Entrada del Paseo"
SW Corner El Paseo/Hwy 111
640-370-016
170 AC - Vacant Lot - North End
North of Frank Sinatra, East of Portola
694-190-005
694-190-006
694-190-007
694-190-013
694-190-014
694-190-016
694-200-003
694-200-004
694-200-005
694-200-006
694-200-007
694-200-011
694-200-012
Vacant Lot - North End South of
Gerald Ford, West of Portola
694-300-001
694-300-002
694-300-005
694-300-006
694-300-007
"120 AC Project"
Vacant Lot - North End South of
Gerald Ford, East of Monterey
694-310-002
694-310-003
694-310-005
Desert Willow:
Vacant Land Portola north of Maint. Facility
620-400-003
620-400-025
620-400-008
620-420-010
620-450-011
620-450-012
620-450-015
620-450-020
620-450-021
Vacant Lots South of Desert
Willow on Country Club Drive
620-430-024
620-430-025
Lot Pad E
Desert Willow Drive &
Country Club Drive NEC
620-370-002
620-370-003
620-370-004
620-370-017
620-370-018
620-370-020
620-370-033
620-370-043
42455 Washington St.
Part of
637-071-002
43915 Portola Avenue
622-200-053
43895 Portola Avenue
622-200-054
43845 Portola Avenue
622-200-056
EXHIBIT B
FORM OF GRANT DEED
(attached hereto)
Exhibit B-1
P6402-0001\13260000.doc
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn.: Executive Director
APN: [SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant
to California Government Code Section 27383 and exempt from Documentary Transfer Tax
pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic
("Grantor") hereby grants to CITY OF PALM DESERT, a municipal corporation
("Grantee"), certain real property located in the County of Riverside, State of California, more
particularly described on Exhibit A attached hereto and incorporated herein by reference.
SUBJECT TO:
General and special real property taxes and assessments and supplemental assessments
for the current fiscal year;
All liens, encumbrances, easements, covenants, conditions and restrictions of record; and
All matters which would be revealed or disclosed in an accurate survey of the property.
Exhibit B-2
P6402-0001\13260000.doc
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: , 20
PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Name:
Title:
Exhibit B-3
P6402-0001 \ 13260000.doc
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On , before me, , a
notary public, personally appeared
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.
Notary Public
SEAL:
Exhibit B-4
P6402-0001\1326000v6.doc
Exhibit A
to Grant Deed
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS:
Exhibit B-5
P6402-0001\1326000v6.doe
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Palm Desert by that
certain Grant Deed dated , 2011, executed by the Palm Desert Redevelopment
Agency is hereby accepted by the undersigned office on behalf of the City of Palm Desert
pursuant to the authority conferred by the City of Palm Desert at the City Council meeting held
on , and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: , 2011
CITY OF PALM DESERT,
a municipal corporation
By: ,
Name:
Title:
Exhibit B-6
P6402-0001\ 13260000.doc
PALM DESERT REDEVELOPMENT AGENCY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Section 33431 of the California Community
Redevelopment Law (Health and Safety Code Section 33000, et sec .) that on February 24, 2011,
at 4:00 p.m., or as soon as practical thereafter in the City Council Chambers located at Palm
Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, a public hearing will be
held before the Palm Desert Redevelopment Agency ("Agency"). At this public hearing, the
Agency will receive public comment and testimony concerning a proposed Delegation and
Conveyance Agreement between the City of Palm Desert ("City") and the Agency
("Agreement"). The Agreement provides (i) for the transfer from the Agency to the City of
certain real properties presently owned by the Agency, as described in the Agreement,
("Property"); (ii) for the Agency to reimburse the City for costs associated with the Property,
including the costs to redevelop the Property; and (iii) for the Agency to delegate to the City
powers and functions of the Agency in connection with the planning and undertaking of the
redevelopment of the Property. The Agreement will be presented to the Agency at the public
hearing, and a copy of the proposed Agreement will be available for public inspection and
copying (at a cost not to exceed the cost of duplication) at the office of the Secretary of the Palm
Desert Redevelopment Agency, located at 73-510 Fred Waring Drive, Palm Desert, California,
no later than February 18, 2011.
All interested persons are invited to attend and provide testimony and comments to the
Agency concerning the proposed Agreement. You are hereby advised that should you desire to
legally challenge any action taken by the Agency with respect to the proposed Agreement, you
may be limited to raising only those issues and objections which you or someone else raised at or
prior to the time of the public hearing.
Dated: February 8, 2011
LLE D. KLASSEN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
(760) 346-0611
Publication Dates: February 10, 2011
February 17, 2011
P6402-0001 \ 13265R6v Ldoc
Martinez, Gloria
From: Moeller, Charlene [CMOELLER@paimspri.gannett.coml
Sent: Tuesday, February 08, 2011 11:43 AM
To: Martinez, Gloria
Subject: RE: Legal Notice - Public Hearing 02/24/2011 - Transfer of Properties
Ad received and will publish on date(s) requested.
Charlene Moeller ( Media Sales Legal Notice Representative
The Desert Sun Media Group
750 N. Gene Autry Trail, Palm Springs, CA 92262
t 760.778.4578 ( f 760.778.4731
legalsCEDthedesertsun.com I dpwlegals@thedesertsun.com
The Coachella Valley's #1 Source in !News & Advertising!
1A 1Y A _ltl`, dCSiPI`Lit,tll ( Im iller 1EtCt',t. o4
From: gn1al_tinc'z <a cityofp ir1idesc rt,c7rg [rna ito;.gmartirie zLd)cityofp 111) -s_ert. rc (
Sent: Tuesday, February 08, 2011 11:39 AM
To: tds-legals
Cc: tnloredoCacityc�fpalmci sert.org; plE. bcitynfp In desert.org, c�va.Ikertu�cityofpa!md sera carg
Subject: Legal Notice - Public Hearing 02/24/2011 - Transfer of Properties
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Concerning a Proposed Delegation and Conveyance Agreement Between the City of Palm Desert and the
Agency.
TWICE IN THE DESERT SUN
Thursday, February 10, 2011
Thursday, February 17, 2011
If you have any questions or require additional information, please give me a call.
Thank you, Charlene!
Records Technician
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
(760) 346-0611 Ext. 354
rti rtirl�}_r( ci!y_caf�a9r7a,deser_t.,_org,
RESOLUTION NO. 581
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT
AGENCY APPROVING A DELEGATION AND CONVEYANCE
AGREEMENT BETWEEN THE AGENCY AND CITY OF PALM
DESERT
THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Redevelopment Agency (the "Agency") is a duly
constituted redevelopment agency under the laws of the State of California and pursuant to such
laws is responsible for the administration of redevelopment activities within the City of Palm
Desert ("City").
Section 2. Pursuant to the Community Redevelopment Law (California Health and
Safety Code Section 33000, et seq.) (the "Redevelopment Law"), the Agency is undertaking a
program to redevelop its redevelopment project areas known as Project Area No. 1, Project Area
No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and
collectively, the "Project Areas").
Section 3. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency.
Section 4. Pursuant to Section 33220(g) of the Redevelopment Law, any public
entity, for the purpose of aiding and co-operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area.
Section 5. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary).
Section 6. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property.
-1-
P6402-0001 \ 1327634v Ldoc
Section 7. The Agency owns the fee interest in each of the real properties (each
individually, a "Property"; and collectively, the "Properties") described in Exhibit A of the
Delegation and Conveyance Agreement attached hereto as Exhibit 1 and incorporated herein by
reference (the "Agreement").
Section 8. The City of Palm Desert ("City") desires to aid, and cooperate with, the
Agency in the planning, undertaking, construction and operation of redevelopment projects, and
in that regard the Agency has determined to convey the Properties to the City and to delegate to
the City the powers and functions of the Agency with respect to the planning and undertaking of
redevelopment projects in accordance with the Redevelopment Plans, and the City has
determined to accept the conveyance of the Properties and the Agency's delegation of its powers
and functions and in that regard, the Agency and City wish to enter into the Agreement.
Section 9. On February 24, 2011, the Agency held a duly -noticed public hearing
regarding the Agreement.
Section 10. The Agency hereby finds that it can be seen with certainty that there is no
possibility that the approval of the Agreement may have a significant effect on the environment.
The approval of the Agreement does not authorize construction and will not result in a direct or
indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ("CEQA") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 11. The Agreement is hereby approved in the form attached hereto as Exhibit
1 and the Executive Director, the Chair of the Agency, or any other officer of the Agency
designated by them in writing (each, an "Authorized Officer") is hereby authorized, acting
singly, to execute and deliver the Agreement in substantially said form with such changes therein
as the Authorized Officer executing the same may approve (such approval to be conclusively
evidenced by the execution and delivery thereof).
-2-
P6402-0001 \ 1327634v Ldoe
Section 12. The officers of the Agency are herby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents, and, if
appropriate, record documents, which they may deem necessary or advisable in order to
effectuate the purposes of this Resolution, and any such actions previously taken by such officers
are hereby ratified and confirmed.
APPROVED AND ADOPTED this day of 12011.
Chair
ATTEST:
Secretary
-3-
P6402-0001 \1327634v 1.doc
EXHIBIT 1
Delegation and Conveyance Agreement
Exhibit 1
P6402-0001\1327634vLdoc