HomeMy WebLinkAboutContract 1809 Effective Date April 13,2016
TRANSIENT OCCUPANCY TAX SHARING AGREEMENT
[MIRAGE BOB HOPE VARNER, LLC]
This Transient Occupancy Tax Sharing Agreement ("Agreement") is entered into
by and between the CITY OF CATHEDRAL CITY, a municipal corporation within the
State of California ("City") and MIRAGE BOB HOPE VARNER, LLC., a California
limited liability company, ( "Owner"), and is dated for reference purposes as of April 13,
2016. Each of the foregoing parties may be referred to hereafter as a "Party," and
jointly as the "Parties."
RECITALS
A. The City Council, recognizing that the general welfare and material well-
being of the residents of the City depends in substantial measure upon the growth and
expansion of the tourism and travel industries in the City, added Chapter 3.25 to Title 3
of City's Municipal Code authorizing Economic Incentive Payments, as defined below,
to a qualifying hotel in an amount equal to a percentage of the Transient Occupancy
Tax Increment, as defined below, received by City and derived from the new, expanded
or renovated hotel (the "Program"), in order to incentivize the operation, maintenance,
renovation and expansion of hotel facilities within the City.
B. By adoption of Resolution No. 2016-14, on April 13, 2016, based on
substantial evidence in the record before it, the City Council determined that providing
Economic Incentive Payments to Owner would: (i) contribute to the growth and
expansion of tourism and travel opportunities in the City; (ii) provide employment
opportunities for the residents of the City; (iii) provide additional transient occupancy tax
revenues to the City; and (iv) promote and enhance the economy of the City.
C. Owner intends to complete construction of and operate a New Hotel, as
defined below, and commonly known as the "Best Western Plus " within the City and
seeks assistance from City under the Program for that purpose.
D. Owner represents to City that the New Hotel will be Under Construction,
as defined in Section 3.25.020 of the Municipal Code, and that upon completion and
operation will result in a new source of Transient Occupancy Tax for City and is
anticipated to result in Transient Occupancy Tax Increment, as defined below.
E. By adoption of Resolution No. 2016-14, the City Council found the
provision of assistance in the form of an Economic Incentive Payment meets all of the
requirements set forth in Chapter 3.25 of Title 3 of the Municipal Code and the City
Council's desire to assist Owner as provided for under the Program and this Agreement.
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OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants of
the Parties set forth herein, and for other good and valuable consideration, the value
and receipt of which are hereby acknowledged by the Parties, the Parties agree as set
forth hereinafter.
SECTION 1. Incorporation of Recitals.
The Parties agree that each of the foregoing Recitals is true and correct and
incorporate each of the Recitals in this Agreement by reference thereto.
SECTION 2. Definitions.
The terms used in this Agreement shall be given the meaning expressly defined
in this Agreement or where not defined herein then in Chapter 3.25 of Title 3 of City's
Municipal Code.
a. "Economic Incentive Payment" shall mean payments by City to Owner
implementing Transient Occupancy Tax Sharing as provided for in the Program. For
this Agreement the Economic Incentive Payment is an amount equal to fifty percent
(50%) of the Transient Occupancy Tax Increment derived from the New Hotel over a
period of ten (10) years, but not to exceed One Million Four Hundred Thirty-eight
Thousand Eight Hundred Dollars ($1,438,800.00) ("Maximum Payment"). In no event
shall Owner be entitled to payments from City beyond the ten (10) year term, or in
excess of the Maximum Payment consistent with the Program.
b. "Effective Date" shall mean the date upon which all of the following have
occurred: (i) The City Council has approved the Agreement; (ii) The City Manager has
executed the Agreement; and (iii) Owner's authorized representative(s) have executed
the Agreement. The Effective Date will be presumed to be April 13, 2016, unless the
City Clerk has provided for a different date in the top header on the first page of this
Agreement, in which case that date shall govern.
c. "Completion Date" shall mean the date upon which Owner receives a
certificate of occupancy for the New Hotel from City or, if City issues a temporary
certificate of occupancy, then the date upon which Owner lets rooms to guests and is
required by law to charge and collect transient occupancy tax from such guests.
d. "New Hotel" as defined in Section 3.25.020 of the Municipal Code shall
mean the Best Western Plus hotel, or equivalent brand of upper midscale or higher
quality hotel located at the southeast corner of Bob Hope Drive and Varner Road (TPM
36619, Parcel 8) in Cathedral City that is owned and operated by Owner. The hotel
shall be an upper midscale or higher quality hotel brand, consisting of a four-story
tower, ninety (90) guest rooms, designed and intended as transient occupancy
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accommodations, together with an outdoor swimming pool and related recreational and
hospitality facilities on the Property.
e. "Property" shall mean that parcel or parcels of real property comprising
approximately 2.34 acres located at the southeast corner of Bob Hope Drive and Varner
Road upon which Owner intends to construct and operate the New Hotel. The legal
description of the Property is attached hereto as Exhibit "A," and is incorporated herein
by reference.
f. "Transient Occupancy Tax Increment" as defined in Section 3.25.020
of the Municipal Code shall mean, on an annual basis, all of the transient occupancy tax
actually generated by the New Hotel and received by City after the Completion Date as
determined from City's records.
SECTION 3. Prerequisites for Receipt by Owner of Tax Sharing.
The following are conditions precedent to City's obligation to provide the
Economic Incentive Payment to Owner:
a. Secure Title Property. On or before the Completion Date, Owner shall
have acquired fee title to the Property as evidence by a recorded deed for fee title in
Owner's name and a policy of title insurance for fee title issued by a reputable title
company in Owner's. In the alternative Owner may satisfy this condition by recordation
of a ground lease with a term of at least thirty (30) years, granting Owner exclusive use
(necessary utility, drainage and similar necessary easements excepted) of the Property
for the purpose of operating the New Hotel.
b. Secure Franchise Rights. On or before the Completion Date, Owner shall
have entered into a franchise agreement or agreement of similar effect with either Best
Western entitling Owner to operate a Best Western Plus on the Property, or the Owner
may seek an equivalent upper midscale or higher quality hotel brand entitling Owner to
operate that hotel brand on the Property.
c. Complete New Hotel. Owner shall timely undertake all work reasonably
necessary to timely complete the New Hotel as provided herein:
(i) Deadline. Owner agrees to have substantially completed all
material improvements for the New Hotel reasonably required for City to
issue a Certificate of Completion for the New Hotel not later than twelve
(12) months after issuance of building permits for the New Hotel by City
unless such deadline is extended by operation of Section "9.n" of this
Agreement by reason of a force majeure event, or City, in its absolute and
sole discretion, issues Owner a Temporary Certificate of Occupancy for
the New Hotel.
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(ii) Improvement Standards. The New Hotel shall have been
constructed in accordance with all City zoning and building requirements
and Owner shall have procured all necessary permits from City and any
other local governmental entity having jurisdiction over the Work of
Improvement or material aspect thereof. City shall, in addition to its normal
requirements and processes, have discretionary approval of the design of
the Work of Improvement, which approval shall not be unreasonably
withheld. Owner is solely responsible for undertaking and completing the
Work of Improvement and obtaining all necessary permits at its sole cost.
d. Recordation of Operating Covenants. Owner shall have fully executed,
and obtained such other signatures as may be necessary for recording, the Operating
Covenants attached hereto and incorporated herein as reference as Exhibit "B", and
recorded the document against the Property with the Riverside County Recorder's
Office.
e. Continued Operation. Owner shall remain in continuous operation during
current normal business hours and days for the duration of the ten (10)-year period of
Economic Incentive Payments or until receipt of the Maximum Payment, whichever
occurs first. Owner will be considered to be in continuous operation, even if closed, on
all recognized California and federal holidays, and during times of temporary closure for
planned repairs or renovations for which Owner notified City in writing at least thirty (30)
days in advance. No closure shall operate to extend the period during which Owner
may be entitled to receive the Economic Incentive Payment from City.
f. Good Standing. Owner shall otherwise remain in good standing and not
in default of its performance of this Agreement and the Operating Covenants.
g. Transient Occupancy Tax Information and Reports. Owner shall timely
provide City with accurate semi-annual reports relating to occupancy and collection of
transient occupancy tax at the New Hotel in accordance with Section 4.e of the
Agreement, and shall at all times charge, collect and remit to City all transient
occupancy tax required to be charged, collected, and remitted to City by law.
SECTION 4. City's Obligation to Make the Economic Incentive Payment
a. Obligation of City. City shall be obligated to make Economic Incentive
Payments to Owner, at the times and as provided in this Section, provided Owner has
satisfied the conditions precedent to payment set forth in Section 3 of this Agreement
and otherwise remains in good standing and is not in default under this Agreement.
Owner shall provide written notice to City specifying the name of the person or entity to
which payment is to be directed and the name of the person or entity to which City's
check or warrant for payment is to be payable.
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b. Transient Occupancy Tax Sharing Period. Calculation of the Transient
Occupancy Tax Increment shall commence the day after the Completion Date. The
period during which City shall receive Transient Occupancy Tax Increment which forms
the basis of the Economic Incentive Payment shall commence on the first day following
the Completion Date and shall continue for a period of not to exceed ten (10) years
thereafter or until Owner has received the Maximum Payment, whichever is the first to
occur. In the event that Transient Occupancy Tax Increment received by City during the
ten (10) year period is insufficient to yield the Maximum Payment to Owner, then Owner
shall not be entitled to further payments or assistance from City. The 'yearly' period for
measurement of Transient Occupancy Tax Increment shall be in accordance with the
normal processes of City. If the Completion Date is on a date other than the first day of
the year, then the partial year shall be prorated based upon the number of full months of
operation of the New Hotel which occur in the partial year. If necessary to reach the full
ten (10) year term of the Transient Occupancy Tax Sharing period, the final month or
months shall likewise be prorated.
c. Making Payment. The Economic Incentive Payment is payable to Owner
by City in annual installments within 120 days subsequent to the end of the City's fiscal
year and in accordance with the City Finance Department's procedures as they may
change from time to time.
d. Exclusions from Transient Occupancy Tax Increment. Transient
Occupancy Tax Increment not actually received by City, for reasons not within City's
control, are not subject to sharing under this Agreement unless and until actually
received by City.
e. Transient Occupancy Tax Information and Reports. The Parties
acknowledge that the information, from which City Finance calculates the Transient
Occupancy Tax Increment and the Economic Incentive Payments, is based upon
reports filed by the Owner or Owner's designated operator of the New Hotel.
Accordingly, Owner agrees to provide City with accurate occupancy reports, at such
frequency as the City's procedures may from time to time require of the Owner and/or
operator of the New Hotel. City may adopt such procedures, audits or required reports
as are reasonable or necessary to enable City to accurately calculate the Transient
Occupancy Tax Increment and Economic Incentive Payment. The Transient
Occupancy Tax Increment and payment of Economic Incentive Payment installments
shall be based on information which is as accurate as can be obtained by the Parties.
The Parties agree that past Economic Incentive Payments are subject to adjustment if
further information indicates that any payment was inaccurate.
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SECTION 5. Owner's Payment of Cost of Tax Sharing Report.
In accordance with Section 3.25.020 of the Code, Owner has paid to City, as a
condition precedent to City's obligations hereunder, the amount of eight thousand five
hundred dollars ($8,500.00) as and for the cost of the preparation of the Tax Sharing
Report.
SECTION 6. Operating Covenants.
In accordance with Sections 3.25.030 and 3.25.050 of City's Municipal Code,
Owner agrees as a condition precedent to City's obligations under this agreement, to
record against the Property the Operating Covenants attached hereto as Exhibit "B."
Said Covenants shall be recorded upon approval and recordation of Tentative Parcel
Map 36619, but no later than 60 calendar days after the Effective Date. The Operating
Covenants shall survive the termination for any reason of this Agreement and shall run
with the Property for the periods specified in Exhibit "B."
SECTION 7. Indemnification; Release.
a. Code Requirements Satisfied. Section 3.25.030 of the Code requires that
Owner provide City with an indemnification agreement. The Parties agree that this
Section 7 shall satisfy the requirement of that section.
b. Survival. The indemnification provided in this section shall survive the
termination of, and/or the expiration of the term of, the Agreement for a period of three
(3) years from the termination of the Agreement by City pursuant to Section "8" of this
Agreement and for a period of six (6) months from the expiration of the term of the
Transient Occupancy Tax Sharing Period as provided in Section "4.b" of this
Agreement.
c. Indemnity. Owner agrees to indemnify, defend, and hold City, and its
elected officials, officers, employees, agents, and attorneys harmless from and against
all liabilities, damages, claims, causes of action, judgments, orders, rulings, costs,
expenses and fees, including attorneys' fees (collectively, the "Claims") arising from or
related to any act or omission of Owner in performing its obligations hereunder or from
any claim, writ, or other action at law or equity challenging this Agreement or the
Program by a third party.
d. Release. Owner releases City from any Claims arising from any inability
of City to legally collect transient occupancy tax, share transient occupancy tax as
provided in this Agreement, or any other act or omission, including any state statute or
regulation to which City is subject, which is beyond City's sole control.
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e. Waiver. Owner waives any right which it might have or accrue at any time
during the effective period of any provision of this Agreement, including these
indemnification provisions, or any of its various exhibits, to pursue any legal or equitable
remedy or Claim against City, other than for non-payment of Owner's share of Transient
Occupancy Tax Increment calculated under and otherwise due under the provisions of
this Agreement.
SECTION 8. Termination of Agreement by City.
a. City's Right to Terminate. City shall have the right to terminate its
obligations under this Agreement if Owner breaches any promise, obligation, covenant
or duty under this Agreement or the Operating Covenants, including, without limitation,
the failure of Owner to timely construct the New Hotel, the failure of Owner to timely
commence operation of the New Hotel within 45 days following the Completion Date,
the failure of Owner to accurately and timely charge, collect, remit transient occupancy
tax information to City, the failure of Owner to timely and accurately report occupancy
and transient occupancy tax information to City, the failure of Owner to operate the New
Hotel continuously during the term of the Agreement, and / or the failure of Owner to
otherwise satisfy the requirements of Chapter 3.25 of title 3 of the Municipal Code or the
terms and conditions of this agreement.
b. Notice of Termination and Cure. In order to terminate this Agreement,
City shall first provide notice to Owner, given in accordance with the notice
requirements set forth in Section "9.j." hereof, specifying Owner's failure to perform the
Agreement in reasonable detail and indicating what steps Owner must take to cure the
referenced failure to perform. Owner will be afforded thirty (30) calendar days from the
date of the notice to cure the specified failure(s) to perform.
c. Repayment Upon Termination. If, at the end of the thirty (30) calendar
day cure period, any correctible breaches have not been corrected, City shall have the
right, at its sole option, to deem the Agreement terminated without further notice or
action by City. In such case, Owner (or any other person or entity receiving any portion
of the Economic Incentive Payments directly from City) shall be obligated to
immediately repay all installments of the Economic Incentive Payments made by City,
together with interest thereon at the highest rate permitted by law, from the date of the
initial payment made by City to Owner. Notwithstanding the foregoing, in the event that
termination of the Agreement is due to Owner's failure to continuously operate the New
Hotel for the duration of the Transient Occupancy Tax Sharing Period provided in this
Agreement and Owner's failure to operate is caused by a Force Majeure event
described in Section "9.n" of this Agreement, then Owner shall only be obligated to
repay the last Economic Incentive Payment received by Owner.
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SECTION 9. Miscellaneous Provisions.
a. Council Action. All findings and decisions of the City Council taken in
connection with the application of Owner to participate in the Program shall be deemed
to be reasonable and supported by an adequate and appropriate record. No such
findings or decisions shall be subject to challenge or be the subject of any Claim by
Owner. Any action taken by City, including, but not limited to, the termination of this
Agreement under the provisions hereof, shall be at the sole option of City and in its sole
and absolute discretion, unless a different standard is otherwise specifically indicated.
Owner acknowledges that City would not have entered into this Agreement in the
absence of this covenant by Owner.
b. Integration. All exhibits attached to this Agreement are deemed to be
incorporated into this Agreement by reference.
c. Further Documents. Owner agrees to execute any additional documents,
forms, notices, applications or other documents which City reasonably determines to be
necessary to carry out the intent of this Agreement and/or the intent and provisions of
applicable portions of the Code.
d. Partial Invalidity; Severance. The Parties agree that, should any
provision, section, paragraph, sentence or word of this Agreement be rendered or
declared invalid by any final court action in a court of competent jurisdiction or by
reason of legislation, the remaining provisions, sections, paragraphs, sentences and
words of this Agreement shall remain in full force and effect and the Parties agree in
good faith to immediately amend this Agreement in such a way as to provide alternative
provisions, sections, paragraphs, sentences or words as necessary to carry out the
intent of this Agreement and/or the Code.
e. Payment of Taxes and Encumbrances. Owner shall keep current and in
good standing and pay prior to delinquency all lawful real property taxes, assessments
mortgages payments, loan payments, rents, lease payments, liens, and other monetary
encumbrances on or against the Property and / or New Hotel the repayment of which is
secured by the Property and / or the New Hotel, at all times during the term of the
Agreement.
f. Assignments and Transfers. Owner shall not, without prior written
approval of City, which approval may be given or withheld at the absolute discretion of
City: (i) assign or attempt to assign this Agreement or any right herein; or (ii) make any
total or partial sale, transfer, conveyance, lease, leaseback, or assignment of the whole
or any part of the New Hotel and/or the Property or the improvements thereon; or (iii)
transfer control of Owner through whatever mechanism, including, without limitation,
sales of stock, a sale of Owner en toto to any other person or party, or any agreements
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giving voting control to persons not holding an interest in Owner at the date of this
Agreement. This prohibition shall not apply to: (1) an assignment or transfer to a new
entity comprised entirely of Mirage Bob Hope Varner, LLC., or the principles or
shareholders thereof, or an entity in which the foregoing retain at least fifty-one percent
(51%) of the ownership or voting shares of the new entity and the right to direct
business affairs of new entity; or (2) the reasonable grant of limited easements or
permits to facilitate the development of the Property. Notwithstanding the foregoing,
City agrees that it will consider an assignment of this Agreement in connection with a
sale of the New Hotel to a third party, provided that said third party provides City with
such financial or other information as City deems necessary in its sole discretion to
enable it to adequately evaluate the experience and ability of the third party to operate
the Approved Hotel and said third party unconditionally agrees assume all obligations
under, and agrees to the terms and conditions of this Agreement and the Operating
Covenants. All decisions made by City in connection with such an assignment shall be
made at City's sole discretion and in its sole judgment, and shall not be subject to
challenge.
g. Remedies. With respect to any default by the other Party occurring after
the Effective Date, whether with regard to any default during the period of Transient
Occupancy Tax Sharing, the term of the indemnification provided in this Agreement to
City by Owner, or the life of the Operating Covenants, the non-breaching Party may
institute legal action to cure, correct or remedy any default, providing that such action is
not otherwise prohibited or restricted by the provisions of this Agreement, to recover any
damages arising from such breach, to collect repayment of Economic Incentive
Payments provided by City, to obtain any other remedy consistent with the purposes of
this Agreement, and further provided that notice is given in accordance with this
Agreement. Any legal actions brought concerning this Agreement must be instituted in
the Superior Court of the County of Riverside, State of California, in any other
appropriate court in that County, or in the Federal District Court in the Central District of
California.
h. Governing Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
i. Rights are Cumulative; Wavier. Except with respect to any rights and
remedies expressly declared to be exclusive in this Agreement, 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 or different times, of
any other rights or remedies for the same default or any other default by the other Party.
A waiver of a requirement shall not constitute an ongoing waiver of that requirement in
the future.
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j. Notices. Any and all notices, demands or communications submitted by
any Party to the other Party pursuant to, or as required by, this Agreement shall be
proper if in writing and dispatched by messenger for immediate personal delivery, or by
registered or certified United States mail, postage prepaid, return receipt requested, to
the principal office of City and Owner, as applicable, as designated below. Any such
notice, demand or communication shall be deemed to be received by the addressee,
on the date set forth on such return receipt, or in the event no return receipt is received
by sender then three (3) business days after sender's placement of the item in the
United States mail, if sender has also faxed or emailed Owner's representative as
indicated below; or on the day that a messenger dispatched by sender for immediate
personal delivery attests to the item's delivery. Any notices to any Party required to be
given under this Agreement, or given by a Party for other reasons, shall be sent to:
Owner: Mirage Bob Hope Varner, LLC
567 San Nicolas Dr., Suite 130
Newport Beach, CA 92660
Attn: Brent Ogden and Cody Small
Fax: 949-718-0067
Email: radiusretail@gmail.com
City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
Fax: (760) 770-0399
Email: cmcclendon@cathedralcity.gov
With a copy to: Burke, Williams, & Sorensen, LLP
1600 Iowa Avenue, Suite 250
Riverside, CA 92507
Attn: Eric S. Vail
Fax: (951) 788-5785
Email: evail@bwslaw.com
k. Conflict of Interest. No elected official, officer, employee or agent of City
having any conflict of interest, direct or indirect, related to this Agreement and/or the
development of the Work of Improvement or the Improved Business shall participate in
any decision relating to this Agreement.
I. No Third Party Consideration. Owner warrants that it has not paid or
given, and will not pay or give, any third party any money or other consideration for
obtaining this Agreement. Third parties, for the purposes of this Section, shall not
include persons to whom fees are paid for professional services if rendered by
attorneys, financial or other consultants, accountants, engineers, architects and the like
when such fees are considered necessary by Owner. For the purposes of this
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paragraph, third parties shall include any officer, employee, agent or elected official of
City.
m. No Personal Liability of Officials. No elected official, official or officer,
employee, agent or attorney of City shall be personally liable to Owner, its shareholders
or principals, or any successor in interest, or any other party or person whatsoever, in
the event of any default or breach by City or for any amount which may become due to
Owner or to its successors, or on any obligations under the terms of this Agreement,
except for gross negligence or willful acts of such member, officer, employee or
attorney.
n. Force Majeure. In addition to specific provisions of this Agreement,
performance by either Party hereunder shall not be deemed to be in default where
delays or defaults are due to war; insurrection; strikes; lockouts; riots; floods;
earthquakes; fires; casualties; acts of God; acts of public enemy; epidemics; quarantine
restrictions; freight embargoes or lack of transportation; weather-caused delays; inability
to secure necessary labor, materials or tools; acts of the other Party other than as
permitted or required by the terms of this Agreement; acts or failure to act of any public
or governmental agency or entity other than as permitted or required by the terms of this
Agreement (except that action or failure to act by City shall not extend the time for City
to act unless such extension is otherwise expressly authorized herewith) unless such
action or failure to act is the result of a lawsuit or injunction, or any other causes beyond
the control or without the fault of the Party claiming an extension of time to perform.
Any extension of time for any such cause hereunder shall be for the period of the
enforced delay and shall commence to run from the time of the commencement of the
cause, if notice by the Party claiming such extension is sent to the other Party within
thirty (30) calendar days of the commencement of the cause. If notice is not timely
given, such extension shall not commence until and if the other Party has actual
knowledge of the cause. Times of performance under this Agreement may be extended
by mutual agreement in writing by and between City and Owner.
o. Inspection of Records / Audits. City shall have the right, once per year, or
upon cause due to Owner's failure to perform this Agreement, at the City's sole cost
and expense, to inspect and/or audit the books and records of Owner pertaining to the
calculation of Transient Occupancy Tax Increment, and/or a breach or suspected
breach of this Agreement. Matters learned by City in the course of such inspections
shall not be disclosed to third parties unless required by law or unless otherwise
resulting from or related to the pursuit of any remedies or the assertion of any rights by
City hereunder.
p. City Administration. The City Manager of City is authorized to sign on his
own authority amendments to this Agreement which are of routine or technical nature.
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q. Independent Review. Each Party represents and warrants the following:
they have carefully read this Agreement, and in signing this Agreement are agreeing to
be bound by the same, they have received independent legal advice from legal counsel
as to the matters set forth in this Agreement, or have knowingly chosen not to consult
legal counsel as to the matters set forth in this Agreement, and they have freely signed
this Agreement and agreed to be bound by it without any reliance upon any agreement,
promise, statement or representation by or on behalf of the other Party, or its respective
agents, employees, or attorneys, except as specifically set forth in this Agreement, and
without duress or coercion, whether economic or otherwise. This Agreement shall be
interpreted as though prepared jointly by both Owner and City.
r. Prevailing Party. If either Party hereto files any action or brings any action
or proceeding against the other arising out of this Agreement, seeks the resolution of
disputes, or is made a party to any action or proceeding brought by a third party with
respect to the Agreement, the Program or the participation in either by either Party, then
as between Owner (and any successor in interest thereof) and City, the prevailing Party
shall be entitled to recover as an element of its costs of suit or resolution of disputes,
and not as damages, its reasonable attorneys' fees as fixed by the Court or other forum
for resolution of disputes as may be agreed upon by the Parties in such action or
proceeding or in a separate action or proceeding brought to recover such attorneys'
fees.
s. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the Parties hereto and their respective heirs, executors, administrators,
legal representatives, successors and assigns.
t. Time Frames. Unless otherwise indicated with respect to a requirement,
all time frames for performance of an act required or permitted by this Agreement shall
be calendar days. Time frames measured in months shall be calculated with reference
to the actual number of days in the relevant months. Annual time frames shall mean a
period of 365 days.
u. Duplicate Originals. This Agreement shall be executed in four (4)
duplicate originals each of which is deemed to be an original. This Agreement
constitutes the entire understanding and agreement of the Parties. The Parties may
sign this Agreement in counterparts.
v. Integration. 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 all or any part of the subject matter
hereof.
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w. Waivers. All waivers of the provisions of this Agreement and all
amendments hereto must be in writing and signed by the appropriate representatives of
City and/or Owner. Other than minor or technical amendments which the City Manager
may approve on his own authority, any amendment to this Agreement must be
approved by the City Council of City.
WHEREFORE, the Parties, intending to be bound hereby, have affixed their
authorized signatures to this Transient Occupancy Tax Sharing Agreement.
CITY: OWNER:
City of Cathedral City Mirage Bob Hope Varner, LLC
a municipal corporation a California limited liability company
B , By:
Charles P. McClendon Brent Ogden
City Manager Title: Managing Member
Date: N'/3-/49 Date: `'K`
By: .4Z
Cos- mall
Attest: itle: Managing Member
L) Date: y/ #
---Try Howell
City Clerk
Approved as to form:
By:
Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
13 1RIGINAL Nult
CERTIFICATE OF ACKNOWLEDGMENT
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
VAUDI1Y OF THAT DOCUMENT.
State of Ca l!-rat r'j a, )
nn `` )
County of f�) V?Y"Si d1/4k )
On -A-0(;) 1-3) 2,049 , before me .JDSttj ne _ )i (/)vrf-OVL- P'/ i c.
Date ere 1 ert Name d Title of the Ofric
personally appeared .✓'►'�• 'V aOth d La ..
v\ fir cke6=_ biwiL - tli d'arl
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
.Nall il$ entity upon behalf of which the person(s) acted, executed the
028915 instrument.
$ ,a NOTARY PIJLIC•CALFORNIAS
`;.»., / RN�ECOUNTY
3 Y> > 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.
-' I
'-2‘,>
Signa re '/�. /
Place Notary Seal Above L
1892181.7
21469-930
HRGIAL
CERTIFICATE OF ACKNOWLEDGMENT
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.
n
State of (i (,>_Q_, )
County of 0 bZ CL4 )
On kss,e ( IUf5?before me, pnne Mart9ot�r, Notary Pubr .,Insert Name and Title of the Officer
personally appeared COm SWere
, -•
Names) f Signer(s)
who proved to me on the b of satisfactory evidence to be the
person(1) whose namet9Fe- subscribed to the within
instrument a a •cknowledged to me th.40 - - executed
the same i '0 - • authorized capac (is* and that by
- •-. signature(/)on the instrumen1the person(, or the
- tity upon behalf o{f which the person acted, executed the
instrument.
ANNE OJIANJ30UR
r
r .sCommission 12115955 I certify under PENALTY OF PERJURY under the laws of the State
j Nellry P II,-Calllernia of California that the foregoing paragraph is true and correct.
o i N 11 2019 WITNESS my hand and official seal.
.
Signature 01O A.CJkja'""
Place Notary Seal Above
1892181.7
21469-930
EXHIBIT "A"
To Transient Occupancy Tax Sharing Agreement
Legal Description of Property
Parcel 8 of TPM 36619 as per map recorded in Book 244, of Parcel Maps,
of pages 21 thru 27 inclusive, Records of Riverside County.
ORIGINAL
RIV 44813-8418-7183 v4
EXHIBIT "B"
To Transient Occupancy Tax Sharing Agreement
Operating Covenants
ORIGINAL
RIV#4813-8418-7183 v4
RECORDING REQUESTED BY: ) 2019-0174842
CITY OF CATHEDRAL CITY )
05/20/2019 08:23 AM Fee: $ 0.00
) Page 1 of 25
AND WHEN RECORDED RETURN TO: Recorded in Official Records
County of Riverside
Peter Aldana
CITY OF CATHEDRAL CITY ) Assessor-County Clerk-Recorder
68-700 Avenida Lalo Guerrero )
Cathedral City, CA 92234 )
Attn: City Clerk ) #046
)
(Space Above for Recorder's Use)
Exempt from Recording Fees Per Government Code Section 27383
OPERATING COVENANTS
This document, entitled Operating Covenants ("Covenants"), is made by
MIRAGE BOB HOPE VARNER, LLC, a California limited liability company ("Owner"),
as of April 13, 2016, for the benefit of the CITY OF CATHEDRAL CITY, a municipal
corporation within the State of California ("City"). Said entities may be individually
referred to herein as a "Party" or jointly as the "Parties."
1. Relation to Tax Sharing Agreement. These Covenants are executed by
Owner and recorded in connection with that certain Transient Occupancy Tax Sharing
Agreement (the "Agreement") entered into between the Parties of more or less
concurrent date herewith, and is required under the provisions of the Agreement. The
Agreement is attached hereto and incorporated herein by reference as Exhibit "A".
Defined terms not otherwise defined herein shall have the meaning ascribed in thereto
in the Agreement or, if not defined therein, then in Chapter 3.25 of title 3 of City's
Municipal Code.
2. Covenants Run with the Land. These Covenants shall run with the land
legally described in Exhibit "B" attached hereto, and incorporated herein by reference
(the "Property"), and shall constitute equitable servitudes thereon, and shall, without
regard to technical classification and designation, be binding for the benefit and in favor
of City. The Covenants shall be for the duration as specified in the Agreement, and all
sales or long-term leases of the Property and New Hotel constructed there upon shall
likewise be governed by the Agreement.
3. Intended Use of Property. Owner covenants and agrees for itself, its
successors, its assigns, and every successor in interest to the Property, or any portion
thereof, that upon Completion of the New Hotel (both as defined in the Agreement),
Owner shall cause the Property to be used as a manner consistent with the definition of
New Hotel in the Agreement, and consistent with the services and amenities required to
be provided by Owner pursuant to the Franchise Agreement entered into between
Owner and Best Western, or the owner of an equivalent upper midscale or higher
1
O K1 AL
RIV#4850-4555-3199 v2
quality hotel brand, with respect to operating of the New Hotel as such hotel brand ,
together with all necessary or desirable ancillary uses, including, without limitation,
parking (together, the `Intended Use"), except for such exceptions to such covenant as
may be provided under the terms of the Agreement. Owner covenants and agrees for
itself, its successors, its assigns, and every successor in interest to the Property, or any
portion thereof, or of the New Hotel that upon completion of the New Hotel, Owner shall
devote the Property to the Intended Use for a period of ten (10) years commencing the
day after the Completion Date. No other use of the Property shall occur, and Owner
shall suffer no other use to exist, without the prior written approval of the City, which
approval shall be given or withheld at the sole discretion of the City.
4. Maintenance of Property. Owner covenants and agrees for itself, its
successors, its assigns, and every successor in interest to the Property, or any part
thereof, that Owner, such successors and such assigns, shall maintain in good
condition, or such better condition specified in the Franchise Agreement or that is
commonly accepted in the hotel industry, the Property and all improvements thereon,
shall keep the Property free from any accumulation of debris or waste material, shall
remove any and all graffiti, shall maintain the Property in compliance with all applicable
local, state, and federal regulations, and shall maintain in a neat, orderly, healthy and
good condition any landscaping required by the City during its normal approval
processes to be planted on the Property, or placed on the Property by Owner in its own
determination.
5. Non-Discrimination. Owner covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Property or any part thereof, 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 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
Government Code, or on the basis of domestic partnership status or arrangement,
sexual orientation, or gender identify in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property; nor shall Owner itself or any person
claiming under or through it, 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 Properties.
Notwithstanding any provision of this paragraph, none of the cited statutes shall apply to
the extent that they deal with housing of any kind.
6. Existing and Future Assessment Districts. City may review the creation of
a landscape and lighting district in the area where the Property is to be located, or,
alternatively, the annexation of the Property into an existing City district. Such a district
would assist the City in paying for the lighting and landscaping in the area, thus
enabling it to install and maintain such amenities to the general benefit of the area and
the specific benefit of the Property. Such a district would equitably apportion the costs
among the benefited land owners. Owner covenants and agrees, for itself and its
successors and assigns, and on behalf of any and all tenants, that it will participate in
2
RIV
#4850-4555-3199 v2 I OR
IGINAL
1
such a district for the life of the district, will vote in favor of its formation, or for
annexation into an existing district, as applicable, if a vote is required, will otherwise
support and not oppose the formation of the district or the annexation, and will pay
when due the assessments apportioned to it. Owner agrees to include a similar
provision to every lease of any portion of the Property to another entity such that the
entity's obligations are essentially identical to the Owner's. Notwithstanding any
provision in the Covenants to the contrary, the Owner shall retain all rights under the
district to appeal the amount of the assessment allocated to the Owner's property
and/or business.
7. Existing and Future Business Improvement Districts. City may also review
the formation of a business improvement district in the area where the Property is to be
located. Such a district would provide assistance to all businesses within the district for
a variety of purposes, each of which would be designed to generate patronage for such
businesses. Such a district would assess business owners in the district on an
equitable basis for its share of the costs expended for the mutual benefit of the business
in the area. Owner covenants and agrees, for itself and its successors and assigns,
that it will participate in such a district for the life of the district, will vote in favor of its
formation if a vote is required, will otherwise support and not oppose the formation of
the district and will pay when due the assessments apportioned to it. The Owner
agrees to include a similar provision to every lease of any portion of the Property to an
entity such that the entity's obligations are essentially identical to the Owner's.
Notwithstanding any provision in these Covenants to the contrary, the Owner shall
retain all rights under the district to appeal the amount of the assessment allocated to
the Owner property and/or business.
8. Continuation of Certain Covenants. The covenants established against
discrimination, those regarding maintenance of the Property, and the covenants related
to landscape and lighting or business districts shall remain in effect in perpetuity. The
covenants related to the Intended Use shall remain in effect for ten (10) years,
calculated as indicated above.
9. City is Express Beneficiary of Covenants. The City is deemed the
beneficiary of the terms and provisions of this Agreement and of the covenants running
with the land for an in its own rights and for the purposes of protecting the interests of
the community. The City shall have the right, if such covenants are breached, to
exercise all rights and remedies and to maintain any actions or suits at law or in equity
or such other proper proceedings to enforce the curing of such breaches to which it or
any other beneficiary of such covenants may be entitled, including, without limitation, to
specific performance, damages and injunctive relief. In addition, at the City's sole
discretion, any breach of these covenants shall be deemed a material breach of the
Agreement, permitting the City to terminate the Agreement.
10. Repayment upon Termination. Owner covenants and agrees for itself, its
successors, its assigns and every successor in interest to the Property or any part
thereof, that if City terminates the Agreement due to Owner's uncured breach thereof,
RIV#4850-4555-3199 v2
then Owner, its successor, and its assigns immediately repay all installments of the
Economic Incentive Payments made by City, together with interest thereon at the
highest rate permitted by law, from the date of the initial payment made by City to
Owner, its successors, or its assigns. Notwithstanding the foregoing, in the event that
termination of the Agreement is due to Owner's failure to continuously operate the New
Hotel for the duration of the Transient Occupancy Tax Sharing Period provided in this
Agreement and Owner's failure to operate is caused by a Force Majeure event
described in Section "9.n" of the Agreement, then Owner shall only be obligated to
repay the last Economic Incentive Payment received by Owner.
WHEREFORE, Owner, intending to be bound hereby, has executed this
document, entitled Operating Covenants, on the date first above-written.
OWNER: CITY:
MIRAGE BOB HOPE VARNER, LLC CITY OF CATHEDRAL CITY
a California limited liability company a municipal corporation
B di_a-da-----"
Brent?denManaging -mber Charles P. McClendon
City Manager
B :
I ,,ody all, anaging Member
4
ORIGINAL
RIV'485-)-4.;55-3755 v2
CERTIFICATE OF ACKNOWLEDGMENT
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 QTS% LUZ-at__
County of )
Anne Mansour, Notary Public
J
On . Trio( before me,
Date ere Jp�e ame d Title of the Officer
personally appeared �/l '
Name(s)of Sign -r
who pr ed to me on the basis of satisfactory evidence to be the
person whose name() �'i• subscribed to the within
instrument and acknowledged to me thaaa-he}they-exectited
the same i e•r'authorized capacity(ies); and that by
(Ober/their-signatu s) on the instrumen the person, or the
entity upon behalf of which the person acted, executed the
instrument.
ANNE MANSOUR
WI!"; 01101111b#1111 i 2115555 I certify under PENALTY OF PERJURY under the laws of the State
• t NsWy Pone-Califf of California that the foregoing paragraph is true and correct.
Ormle Co*
Jai 12019
WITNESS my hand and official seal.
f
Signature CWA °�"-111
Place Notary Seal Above
1892181.7
21469-930 OR
CERTIFICATE OF ACKNOWLEDGMENT
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 oflh
L )
County ofCATZER-062&
r-AC/LW-a-01
— q Anne Mansour, Notary Public
On AC/L -a-011 �11, before me, r 15 N and T'le of the ice
Date �/ ,��g r
personally appeared CO CI U L UC�" � �( l�
Name(s) Signer(s) -_
who proved to me on the basof satisfactory evidence to be the
person( ) whose namecb) ,� subscri to the within
instrument an. acknowledged to me that( e heq'executed
the same inei erftheir-authorized capacity(ies), and that by
- • Ignaturt on the instrument he person(,d(`, or the
entity upon behalf of which the person acted, executed the
ANS MANSOUR
2115355
.Ir" CMUI�tiOl instrument.
• *NANO o County
California I certify under PENALTY OF PERJURY under the laws of the State
Ow. 1,2019 of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature � 1
�,
Place Notary Seal Above
1892181.7
21469-930 Y�____.._.
ORIGINAL
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.
ALL-PURPOSE ACKNOWLEDGEMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
V
On Awl 1 I , 2019, before me, Tracey R. Martinez, Notary Public,
personally appeared CV ( vlt-`) P c( (CV)(1 Vl ,
Name 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
,� � TRACEY R. MARTINEZ entityupon behalf of which the person(s) acted,
�+ "t Commission t 2104537 p p ( )
4 '' » Notary Public-California executed the instrument.
`r`„, Riverside County
Mx Comm.E" 21,2019
°: 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.
Al2_,a4, ,(_.
Signature of Notary Pu lic
EXHIBIT "A" TO
OPERATING COVENANTS
TRANSIENT OCCPANCY TAX SHARING AGREEMENT BETWEEN
THE CITY OF CATHEDRAL CITY AND MIRAGE BOB HOPE VARNER, LLC
[To Be Attached for Recording Only]
RIV#4850-4555-3199 v2
6
RESOLUTION NO. 2016-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY, CALIFORNIA, DESIGNATING
APPLICANT AS AN APPROVED HOTEL AND
AUTHORIZING A TRANSIENT OCCUPANCY TAX
SHARING AGREEMENT WITH MIRAGE BOB HOPE
VARNER, LLC, FOR BEST WESTERN PLUS OR
EQUIVALENT HOTEL BRAND UNDER TITLE 3,
CHAPTER 3.25 OF THE CATHEDRAL CITY MUNICIPAL
CODE
WHEREAS, at the public hearing, duly noticed and held at the City Council
meeting of Cathedral City on April 13, 2016, the City Council received testimony and
other evidence concerning a proposed Transient Occupancy Tax Sharing Agreement
with MIRAGE BOB HOPE VARNER, LLC, ("Applicant") for a Best Western Plus Hotel,
or equivalent brand, located at the southwest corner of Bob Hope Drive and Vamer
Road (TPM 36619, Parcel 8); and
WHEREAS, Title 3, Chapter 3.25 of the Municipal Code (the "Program")
authorizes the City Council to enter into a Transient Occupancy Tax Sharing _
Agreement to provide an incentive program for the opening, operation,
maintenance, renovation and expansion of hotel facilities within the City; and
WHEREAS, the City Council finds that based on the record and evidence
before it there are valid reasons for making the findings contained herein and
designating Applicant as an Approved Hotel within the meaning of Title 3, Chapter
3.25 of the Municipal Code; and
WHEREAS, at the public hearing on April 13, 2016, the City Council opened
the hearing for public testimony and presentation of additional evidence regarding the
designation of the Applicant as an Approved Hotel under the Program, and the terms
of the Transient Occupancy Tax Sharing Agreement; and
WHEREAS, on April 13, 2016, the City Council duly deliberated and
considered all matters coming before it.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
A. That approval of the Tax Sharing Agreement will meet the purposes
set forth in Section 3.25.010 of the Municipal Code in that the construction and
operation of the new Best Western Plus, or equivalent, hotel will create a desirable
visitor-serving facility that will contribute to the growth and expansion of tourism and
travel opportunities within the City, provide employment opportunities for residents
1
RIV#4828-7362-4879 v3
of the City and provide additional transient occupancy tax revenues for the City and
promote and enhance the economy of the City.
B. That the Applicant meets all requirements of the Program to be
designated as an Approved Hotel in accordance with Sections 3.25.020 and 3.25.030 of
the Municipal Code.
C. That the Tax Sharing Report accurately depicts the anticipated
benefits to the City and its residents of the proposed construction of the Best Western
Plus, or equivalent, hotel by the Applicant,, and the anticipated increase in transient
occupancy tax receipts by the City derived from the project.
D. That the staff report, Tax Sharing Report, testimony and other
evidence presented to the Council during the public hearing on this matter support
the findings and satisfy the requirements of Title 3, Chapter 3.25 and expressly that
there is a necessity to provide for the intended public assistance.
E. That the Tax Sharing Report, staff report and other evidence
received support providing assistance to MIRAGE BOB HOPE VARNER, LLC in an
amount equal to fifty percent (50%) of the Transient Tax Increment (as defined in
Section 3.25.020 of the Municipal Code) over a period of ten (10) years, but not to
exceed $1,438,800.00 paid as provided in the Tax Sharing Agreement.
F. That the Transient Occupancy Tax Base and Transient Occupancy
Tax Increment (both as defined in Section 3.25.020 of the Municipal Code) fairly
determined and form the basis for the amount of assistance provided under the
Program.
G. That MIRAGE BOB HOPE VARNER, LLC, has agreed to enter into a
Tax Sharing Agreement, Operating Covenant (which will be recorded against the site)
and Indemnity Agreement (included within the Tax Sharing Agreement) in accordance
with Section 3.25.030 of the Municipal Code.
H. That the assistance provided under the Program by the City to
MIRAGE BOB HOPE VARNER, LLC., is necessary to achieve the construction of the
Best Western Plus, or equivalent hotel and will increase the transient occupancy tax
receipts to the City, thus provide benefits to the City and its residents.
SECTION 2. APPROVAL OF APPLICANT AS APPROVED HOTEL
MIRAGE BOB HOPE VARNER, LLC., for Best Western Plus or equivalent hotel
is hereby approved as an Approved Hotel in accordance with Sections 3.25.020 and
3.25.030 of the Municipal Code.
SECTION 3. AUTHORIZING SALES TAX SHARING AGREEMENT
The City Council approves and authorizes execution of a Tax Sharing
Agreement with the MIRAGE BOB HOPE VARNER, LLC., to receive an amount
equal to fifty percent (50%) of the Transient Occupancy Tax Increment over a period of
ten (10) years, but not to exceed $1,438,800.00 paid as provided in the Tax Sharing
Agreement, and approves and authorizes execution of a ten (10) year Operating
Covenant to be recorded against the site.
2
RIV#4828-7362-4879 v3
SECTION 4. AUTHORIZATION TO SIGN RESOLUTION AND DOCUMENTS
The City Council authorizes the Mayor to sign this Resolution, and the City
Manager to sign the Tax Sharing Agreement as the City's representative.
SECTION 5. EFFECTIVE DATE
This Resolution shall become effective immediately.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter the same in the book of original Resolutions of the City; and shall make a minute
of passage and adoption thereof in the records of the proceedings of the City Council
of the City, in the minutes of the meeting at which this Resolution is passed and
adopted.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the
City of Cathedral City held on this 13th day of April, 2016
Stanley E. Henry, M. •r
City of Cathedral City, California
ATTEST:
1</01""" Vr**-
Gary F. Howell, City -rk
City of Cathedral City, California
APPROVED AST /Ron
Eric S. Vail, City Attorney
3
RIV#4828-7362-4879 v3
I, GARY F. HOWELL, CITY CLERK of the City of Cathedral City, do hereby
certify that the foregoing Resolution was introduced and adopted at a regular meeting of
the City Council of the City of Cathedral City held on the 16th day of April, 2016 by the
following vote:
AYES: Council Members Aguilar, Carnevale and Kaplan; Mayor Henry
NOES: None
ABSENT: Mayor Pro Tem Pettis
ABSTAIN: None
— a'l /t ems.
Gary F, How II, City CI
-
4
RIV#4828-7362-4879 v3