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HomeMy WebLinkAboutContract 1567-1 AA Cathedral City May 28, 2014 RE: Amendment No. 1 to Transient Occupancy Tax Sharing Agreement(Doubletree) Dear Mr. Patel: This letter serves as Amendment No. 1 to the Transient Occupancy Tax (TOT) Sharing Agreement ("Agreement") effective April 10, 2013, between the City of Cathedral City ("City") and T Alliance One Palm Springs, LLC, a California limited liability company(Owner). The Owner requested that the terms of the Agreement be modified to accommodate ongoing negotiations between T2 Management, LLC and the landowners and master lessor of the property upon which the subject hotel is located. This Amendment reflects the City's determination pursuant to that request. The City Manager hereby authorizes a deadline extension of six (6) months in accordance with Section 8q (Miscellaneous Provisions) of the Agreement whereby Section 3c (Prerequisites for Receipt by Owner of Tax Sharing) of the Agreement is amended as follows: On or prior to December 1, 2014, Owner (or Owner Related Party or their designee, as applicable) shall have caused the Hotel Opening (as defined [in the Agreement]) to have occurred; provided, however, that failure to meet said date shall not be a breach of the terms of this Agreement by Owner but shall delay the commencement of the Transient Occupancy Tax Sharing period pursuant to Section 4(a). Notwithstanding the foregoing, the City's obligation hereunder to share Transient Occupancy Tax may, at the City's election, terminate if the Hotel Opening does not occur on or before April 1, 2015. As used here, "Hotel Opening" shall mean: (i) Owner (or the applicable Owner Related Party) shall have completed (or caused to be completed) those improvements expressly required by Hilton as a condition to opening the Hotel as a DoubleTree by Hilton (the "Hotel Improvements"), and (ii) the occurrence of the "grand" opening of the Hotel as a DoubleTree by Hilton, which shall occur no more than 60 days after the Hotel first begins operating as a DoubleTree. Note that, in accordance with Section 8q of the Agreement, City Council approval shall be required for extensions exceeding a cumulative total of more than 6 months or that are neither routine nor technical in nature. The Parties hereby agree to the above. CITY: OWNER: CITY OF CATHEDRAL CITY, T ALLIANCE ONE PALM SPRINGS, LLC, a municipal corporation a Calirornia limited liability corporation By fir,._ ,A, i e! - :(a-s, 2014 By: T2 Management, LLC Charlie McClendon a California limited liability company, City Manager It's Manager By: , Date:Maki 392014 Mik atel, Manager ORIGINAL 68-700 Avenida Lalo Guerrero,Cathedral City,CA 92234