HomeMy WebLinkAboutA8446 - ANTHONY R GENTILELLA, and ROYAL HAWAIIAN HOACONTRACT ABSTRACT
Company Name:
(none)
Company Contact:
Anthony R Gentilella and the Royal Hawaiian Homeowners
Association.
Summary of Services:(none
— Mills Act Historic Property Agreement for Class 1
historic site) 127 East Twin Palms Drive.
Contract Price:
(not applicable)
Funding Source:
(not applicable)
Contract Term:
10 years with automatic 1 year renewal annually
C
Contract Administration rn
a c
Lead Department: Planning Services N
_ co
r
Contract Administrator: Flinn Fagg r, j
� � u
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date: 12/19/19 (City Council)
Minute Order/ Resolution Number: Approved as part of Consent Agenda
Agreement No: Contract Number: A8446
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
lWol
(none)
Anthony R. Gentilella; Owner and Greg Matsunami, President
Royal Hawaiian Homeowners Association
(not applicable)
(not applicable)
Contract prepared by: Richard Bruno, Planning Technician
Submitted on: 12-19-2019 By: Flinn Fagg
s®
Z
0
Ln
CEIVED
FREE RECOkbIV; GUESTED BY
AN�AA�� R1150
D RETURN TO:
CitM`Ih5'�p�irigs`
32,Qq.t��LjptLgcj�WQnyon Way
Palm prings, CA 92263-2743
Attn: City Clerk
08/14/2020 12:41 PM Fee: $ 0.00
Page 1 of 14
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
HISTORIC PROPERTY PRESERVATION AGREEMENT
#221
This Historic Property Preservation Agreement ("Agreement") is made this 19th day of
December 2019 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Anthony Gentilella ("Owner") and Royal Hawaiian Estates
("HOK).
RECITALS:
A_ California Government Code Sections 50280, et seq. (the "State Law"), as may be
amended from time to time, authorizes cities to enter into contracts with the owners
of qualified historical property to provide for the use, maintenance, protection, and
restoration of such historical property so as to retain its characteristics as a
property of historical significance.
B. The Owner possess fee title in and to that certain real property, together with
associated structures and improvements thereon, generally located at the street
address 127 East Twin Palms Drive Palm Springs, California ("Historic Property").
A legal description of the Historic Property is attached hereto as Exhibit A and is
incorporated herein by this reference.
C. HOA and Owner share responsibility for routine maintenance and upkeep of the
Historic Property's building exteriors and grounds.
D. On February 3. 2010 (the "Approval Date"), the City Council of the City of Palm
Springs ("Council") approved Resolution 22657 designating the Property a Class
1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm
Springs Municipal Code (the "City Code").
E. The City, the Owner, and the HOA desire to enter into this Agreement for the
purpose of protecting and preserving the characteristics of historical significance
of the Historic Property, in accordance with the State Law; to help preserve the
Palm Springs community's own unique civic identity and character; and to qualify
the Historic Property for an assessment of valuation pursuant to Revenue and
Taxation Code Section 439.2 and any corresponding adjustment in property taxes
resulting therefrom.
AGREEMENT
NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual
covenants and conditions set forth herein, agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 19, 2019 ("Effective Date") and shall remain in effect for a
minimum term of ten (10) years thereafter. Each year upon the anniversary of the
Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added
to the remaining term of the Agreement unless a notice of nonrenewal is delivered as
provided in Section 2 of this Agreement.
2. Non -Renewal and Cancellation. If either the Owner or the City desire in any year
not to renew this Agreement, the Owner or the City shall serve a written notice of
nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").
The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at
least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner,
the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty
(60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of
Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term
then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date
has yet occurred).
3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt
of the Notice of Nonrenewal from the City, the Owner may file with the City a written
protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council
shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The
Owner may furnish the City Council with any information which Owner deem relevant and
shall furnish the City Council with any information it may require. The City Council may,
at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.
4. Maintenance Standards for the Property. During the term of this Agreement, the
Property shall be subject to the following conditions, requirements, and restrictions:
4.1 The Owner and the HOA shall preserve and maintain the characteristics of
the cultural and historical significance of the Historic Property. Attached to
this Agreement as Exhibit "B", is a list of the minimum standards and
conditions for maintenance, use, protection, and preservation of the Historic
Property, which shall apply to the Historic Property. The Owner and HOA
shall comply with these minimum standards throughout the term of this
Agreement. In addition, Owner and HOA shall comply with the terms of the
City Code, and shall obtain any applicable permits necessary to protect,
preserve, restore, and rehabilitate the Historic Property so as to maintain its
historical and cultural significance.
2
4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore,
and rehabilitate the Historic Property according to the rules and regulations
of the Office of Historic Preservation of the State Department of Parks and
Recreation, Secretary of the Interior's Standards for the Treatment of
Historic Properties, the State Historical Building Code, and the City of Palm
Springs. The condition of the interior and exterior of the Historic Property on
the effective date of this Agreement is documented in photographs attached
as Exhibit "C" to this Agreement. At a minimum, Owner and HOA shall
continually maintain the exterior of the Historic Property in the same
condition as documented in Exhibit "C."
4.3 The Owner and the HOA shall carry out specific restoration, repair,
maintenance, and/or rehabilitation projects on the Historic Property, as
outlined in the attached Exhibit "D" to this Agreement. All such projects shall
be undertaken and completed in accordance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines
for Preservation, Restoration and/or Rehabilitation and the City Codes and
all applicable design guidelines.
4.4 The Owner and the HOA shall not be permitted to block the view corridor
with any new structure, such as walls, fences, or shrubbery, so as to prevent
the viewing of the Historic Property from the public right-of-way.
5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation
of this Agreement, and every five years thereafter, the City Manager of the City or the City
Manager's designee (the "City Manager') shall inspect the interior and exterior of the
premises to determine the Owner's compliance with the terms and provisions of this
Agreement.
6. Provision of Information of Compliance. The Owner and the HOA shall furnish the
City Manager with any and all information requested by the City Manager, which the City
Manager deems necessary or advisable to determine eligibility of the Historic Property
and compliance with the terms and provisions of this Agreement.
7. Breach of Agreement; Remedies.
7.1 If the Owner or the HOA breaches any provision of this Agreement, the City
Manager may give written notice to the Owner and/or HOA by registered or
certified mail detailing the Owner's and/or HOA's violations. If such violation
is not corrected to the reasonable satisfaction of the City Manager within
thirty (30) days after the date of notice of violation, or within such a
reasonable time as may be required to cure the violation (provided the acts
to cure the violation are commenced within thirty (30) days and thereafter
diligently pursued to completion), the City Manager may, without further
notice, declare The Owner and/or HOA to be in breach of this Agreement.
Upon the City Manager's declaration of the Owner's and/or HOA's breach,
the City Manager may pursue any remedy available under local, state, or
federal law, including those specifically provided for in this section.
7.2 The City Council may cancel this Agreement if the City Council determines,
following a duly noticed public hearing in accordance with California
Government Code section 50286, that the Owner or HOA breached any of
the conditions of the Agreement, the Owner or HOA allowed the Historic
Property to deteriorate to the point that it no longer meets the standards for
a qualified historic property, or the Owner or HOA failed to maintain and
preserve the Historic Property in accordance with the terms of this
Agreement. If this Agreement is cancelled, under this paragraph, the Owner
shall pay a cancellation fee to the Office of the Auditor for the County of
Riverside as required by California Government Code Section 50286.
7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA's
breach of any condition, the City Manager may bring an action in court
necessary to enforce this Agreement including, but not limited to, an action
to enforce this Agreement by specific performance, injunction, or
receivership.
8. Destruction of Property: Eminent Domain: Cancellation. If the Historic Property is
destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of
the City Building Official more than sixty percent (60%) of the original fabric of the
structure must be replaced, this Agreement shall be cancelled because the historic value
of the structure will have been destroyed. If the Historic Property is acquired in whole or
in part by eminent domain or other acquisition by any entity authorized to exercise the
power of eminent domain, and the acquisition is determined by the City Council to
frustrate the purpose of this Agreement, this Agreement shall be cancelled. No
cancellation fee pursuant to Government Code section 50286 shall be imposed if the
Agreement is cancelled pursuant to this Section.
9. Waiver. The City does not waive any claim of default by the Owner or HOA if the
City or the City Manager does not enforce or cancel this Agreement. All other remedies
at law or in equity which are not otherwise provided for in this Agreement or in City's
regulations governing historic properties are available to the City to pursue in the event
that there is a reach of this Agreement. No waiver by the City or the City Manager of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic
Property to the covenants, conditions, and restrictions set forth in this Agreement. The
City, the Owner, and the HOA hereby declare their specific intent that the covenants,
conditions, and restrictions set forth in this Agreement shall be deemed covenants
running with the land and shall inure to and be binding upon the Owner's and HOA's
successors and assigns in title or interest to the Historic Property. Each and every
contract, deed, or other instrument herein after executed, covering or conveying the
4
Historic Property, or any portion thereof, shall conclusively be held to have been
executed, delivered and accepted subject to the covenants, reservations and restrictions
are set forth in such contract, deed or other instrument.
11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare
their understanding and intent that the burden of the covenants, reservations, and
restrictions set forth in this agreement touch and concern the land in that it restricts
development of the Historic Property. The City and the Owner hereby further declare their
understanding and intent that the benefit of such covenants, reservations and restrictions
touch and concern the land by enhancing and maintaining the cultural and historical
characteristics and significance of the Historic Property for the benefit of the public, the
City, the Owner, and the HOA.
12. Notice. Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by the parties hereto:
City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Owners: Anthony R_ Gentilella
2174 Cresent Drive
Signal Hill, CA 90755
HOA: Greg Matsunami
Board President
Royal Hawaiian Estates
249 East Twin Palms Drive
Palm Springs, CA 92264
13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement
shall be deemed to create a partnership between the parties hereto and any of their heirs,
successors, or assigns, nor shall such terms, provisions, or conditions cause the parties
to be considered joint venturers or members of any joint enterprise.
14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless
the City and its elected officials, officers, agents, and employees from any actual or
alleged claims, demands, causes of action, liability, loss, damage, or injury to property or
persons, including wrongful death, whether imposed by a court of law or by administrative
action of any federal, state or local governmental agency, arising out of or incident to (i)
the direct or indirect use operation, or maintenance of the Historic Property by the Owner
or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee,
or any other person; (ii) the Owner's or HOA's activities in connection with the Historic
Property; and (iii) any restrictions on the use or development of the Historic Property, from
application or enforcement of the City Code, or from the enforcement of this Agreement.
This indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the
reimbursement of City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. The Owner's and HOA's obligation to
indemnify shall survive the termination, cancellation, or expiration of this Agreement and
shall not be restricted to insurance proceeds, if any, received by the City, its elected
officials, employees, or agents.
15. Binding Upon Successors. All of the agreements, rights, covenants, reservations
and restrictions contained in this Agreement shall be binding upon and shall inure to the
benefit of the parties herein, their heirs, successors, legal representatives, assigns and
all persons acquiring any part or portion of the Historic Property, whether by operation of
law or in any manner whatsoever.
16. Legal Costs. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, conditions or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing party
in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
17. Severability. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be effected thereby.
18. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, the City shall cause this Agreement to be recorded in the office of
the County Recorder of the County of Riverside. In the event the City fails to record this
Agreement as provided in this Section, the Owner or agent of an owner shall record this
Agreement with Riverside County within six (6) months of entering into the Agreement
and shall file and submit a conformed copy of this Agreement with the City Clerk promptly
after recordation.
19. Amendments. This Agreement may be amended, in whole or in part, only by
written recorded instrument executed by the parties hereto.
20. Governing Law and Venue. This Agreement shall be construed and governed in
accordance with the laws of the State of California. Any action at law or in equity brought
by either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of
Riverside, State of California, and the parties hereby waive all provisions of law providing
for a change of venue in such proceedings to any other county.
21. No Compensation. Neither the Owner nor the HOA shall not receive any payment
from the City in consideration of the obligations imposed under this Agreement. The
Owner, the HOA, and the City acknowledge and agree that the primary consideration to
the City for the execution of this Agreement is the substantial benefit to the citizens of
Palm Springs accruing from the rehabilitation and maintenance of the Property, and the
primary consideration to the Owner and HOA is the economic advantage that will accrue
to the Owner and HOA as a result of the possible effect upon the assessed value of the
Property of the restrictions on the use and preservation of the Property imposed
hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a
reduction of property taxes as a result of this Agreement.
SIGNATURES ON FOLLOWING PAGE
7
IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this
Agreement on the day and year first written above.
CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation
Dated: 0I60� I-Zc) Z-0 By: r
City Manager: Davi ea
APPROVED AS TO FORM: ATTEST:
'I
C i A ey: 4wafd-Kett
Clerk: nth " , MC
Dated: c� �s� By:
Owner: Arfffi6ny R. Gentilella
Dated: By:
eg Matsunami
oard President
Royal Hawaiian Estatesp�
APPROVED BY C11Y COUNCL
8
CALIFORNIA• • • •
t.a.<.at.a .a .at!ci .a .a .a .a•.a .a .a•.a .a .a .a .a .a<�t.a .ael"aN.c.�<.at�..at.at.a .a .a .a..at�t.at.a .a•.aCa<.a .a .a .a•.a<.aC.
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 California
County of 211
On �.n�-\'S oz`'Zo before me,
Date \\ Here lns `Naend Ttof the Officer
« e
personally appeared o `'\°—
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 entity upon behalf of which the person(s) acted, executed the instrument.
I certify under Fji NAL" OF PERJURY under the laws
��������������������������,,,,,,,: of the State of Califomi that the foregoing paragraph
NATANAEL JAC UES r�- is true and correct.
taa Comm. #21'O
a' Notary Public-CallfonllA WITNESS my hand an fficial seal
Riverside COUnty ei
►Z . My Commisslon EXplteS V
op"' July 30 2020 �: ,..f
C�enen�•e�enneou•unee•i•ui•IU•o•••1.
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(es) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
i -1 Other:
Signer Is Representing:
G.'d "L 'S/y��.'✓4`.�'ei 'bi'ei4Li'di'ei 'ei�'y�'d'A'.'d�'t/Q't/(•J�"V�.'Y.'L�'d{'!/4•✓ 'L 'L 'N SE-'!/ 't/� Vi�•dT.'L�'L 'd.'L 'd4d '!/
CALIFORNIA•• • .CODE 1189
�C/:aC s�•_s�t: CCU Cs�t.�C..�C: C C.r�t _sit sit MWC t1..111V.M: �C. TC.aC.�C/:•.•.�C�•..�t.�t.s�•s�C.�C.�t.�C�ts�C.�C..�C s�C.�t.:CC.a�t.�t.�t.�C.
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 California
County of P V e12 51 DF
On -TO N IF 1-3 . 2D 7,0 before me,
CDOINE A- WkEN'Os i NOTAR'� `t1 C-
Date Here Insert Name and Title of the Officer
personally appeared
NameTs�of signeAw
who proved to me on the basis of satisfactory evidence to be the pe on whose name( is/a$
subscribed to the within instrume t and acknowledged to me that he/s eApty executed the same in
his/he/j*ir authorized capacity(i, and that by his/hd/th) r signatureo on the instrument the person(,
or the entity upon behalf of which the person(�f'acted, executed the ufstru rent.
COMM. 02164284
Q NOTARY PUBLIC * CALIFORNIA
X WERSIDE COUNTY
Corgi Bon Od. 6, 2020
RAN
Place Notary Seal Above
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.
Signature
Signature of Notary Public
re M241a a rZT/5210-
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Papacity(ies) Claimed by Signer(s) ❑
�jgner's NamU 8 �jgner's Nam(D n
❑ Corporate Office{— Title(s): ❑ Corporate Officeid— Title(s):
❑ ❑ ❑ ❑
❑ Partner — Limited General ❑ Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Z
EXHIBIT A
LEGAL DESCRIPTION
Assessor Parcel Number 511-070-009-7; 127 East Twin Palms Drive; Parcel 16 RS
032/069
All that certain real property situated in the County of Riverside, State of California,
described as follows: Parcel 3 of which is shown in the Record of Survey Map recorded
in Block 32, Page 69 of Record of Surveys in the Office of the County Recorder of said
County, also known as 127 East Twin Palms Drive
EXCEPT therefore the oil, gas, minerals and other hydrocarbon substances lying below
the surface of said land, as provided in deeds of record.
(Aerial photo of the property and tract map are on file in the Planning Services Department of the
City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
10
EXHIBIT B
MAINTENANCE STANDARDS
(Section 4.1)
All structures, walls, water features, landscaping and any other improvements associated
with the parcel that is the subject of this Mills Act Historic Property Preservation
Agreement ("Agreement') shall be maintained in good condition throughout the term of
this agreement.
All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs
Municipal Code that occur or develop on the subject parcel shall be abated in a timely
manner and to the satisfaction of the City Manager or his designee.
All structures, walls, water features, landscaping and any other improvements
associated with the parcel that is the subject of this Agreement that are part of the
historic character -defining features of the property shall be maintained as outlined in the
Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings (1995 Weeks and Grimmer).
11
EXHIBIT C
EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and tract map are on file in the Planning Services Department of
the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
12
EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
(Aerial photo of the property and tract map are on file in the Planning Services Department of
the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
13
FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this 19th day of
December 2019 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Anthony Gentilella ("Owner") and Royal Hawaiian Estates
("HOX).
RECITALS:
A. California Government Code Sections 50280, et seq. (the "State Law"), as may be
amended from time to time, authorizes cities to enter into contracts with the owners
of qualified historical property to provide for the use, maintenance, protection, and
restoration of such historical property so as to retain its characteristics as a
property of historical significance.
B. The Owner possess fee title in and to that certain real property, together with
associated structures and improvements thereon, generally located at the street
address 127 East Twin Palms Drive Palm Springs, California ("Historic Property").
A legal description of the Historic Property is attached hereto as Exhibit A and is
incorporated herein by this reference.
C. HOA and Owner share responsibility for routine maintenance and upkeep of the
Historic Property's building exteriors and grounds.
D. On February 3, 2010 (the "Approval Date"), the City Council of the City of Palm
Springs ("Council") approved Resolution 22657 designating the Property a Class
1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm
Springs Municipal Code (the "City Code").
E. The City, the Owner, and the HOA desire to enter into this Agreement for the
purpose of protecting and preserving the characteristics of historical significance
of the Historic Property, in accordance with the State Law; to help preserve the
Palm Springs community's own unique civic identity and character; and to qualify
the Historic Property for an assessment of valuation pursuant to Revenue and
Taxation Code Section 439.2 and any corresponding adjustment in property taxes
resulting therefrom.
AGREEMENT
NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual
covenants and conditions set forth herein, agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 19, 2019 ("Effective Date") and shall remain in effect for a
minimum term of ten (10) years thereafter. Each year upon the anniversary of the
Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added
to the remaining term of the Agreement unless a notice of nonrenewal is delivered as
provided in Section 2 of this Agreement.
2. Non -Renewal and Cancellation. If either the Owner or the City desire in any year
not to renew this Agreement, the Owner or the City shall serve a written notice of
nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").
The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at
least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner,
the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty
(60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of
Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term
then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date
has yet occurred).
3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt
of the Notice of Nonrenewal from the City, the Owner may file with the City a written
protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council
shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The
Owner may furnish the City Council with any information which Owner deem relevant and
shall furnish the City Council with any information it may require. The City Council may,
at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.
4. Maintenance Standards for the Property. During the term of this Agreement, the
Property shall be subject to the following conditions, requirements, and restrictions:
4.1 The Owner and the HOA shall preserve and maintain the characteristics of
the cultural and historical significance of the Historic Property. Attached to
this Agreement as Exhibit "B", is a list of the minimum standards and
conditions for maintenance, use, protection, and preservation of the Historic
Property, which shall apply to the Historic Property. The Owner and HOA
shall comply with these minimum standards throughout the term of this
Agreement. In addition, Owner and HOA shall comply with the terms of the
City Code, and shall obtain any applicable permits necessary to protect,
preserve, restore, and rehabilitate the Historic Property so as to maintain its
historical and cultural significance.
0)
4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore,
and rehabilitate the Historic Property according to the rules and regulations
of the Office of Historic Preservation of the State Department of Parks and
Recreation, Secretary of the Interior's Standards for the Treatment of
Historic Properties, the State Historical Building Code, and the City of Palm
Springs. The condition of the interior and exterior of the Historic Property on
the effective date of this Agreement is documented in photographs attached
as Exhibit "C" to this Agreement. At a minimum, Owner and HOA shall
continually maintain the exterior of the Historic Property in the same
condition as documented in Exhibit "C."
4.3 The Owner and the HOA shall carry out specific restoration, repair,
maintenance, and/or rehabilitation projects on the Historic Property, as
outlined in the attached Exhibit "D" to this Agreement. All such projects shall
be undertaken and completed in accordance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines
for Preservation, Restoration and/or Rehabilitation and the City Codes and
all applicable design guidelines.
4.4 The Owner and the HOA shall not be permitted to block the view corridor
with any new structure, such as walls, fences, or shrubbery, so as to prevent
the viewing of the Historic Property from the public right-of-way.
5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation
of this Agreement, and every five years thereafter, the City Manager of the City or the City
Manager's designee (the "City Manager") shall inspect the interior and exterior of the
premises to determine the Owner's compliance with the terms and provisions of this
Agreement.
6. Provision of Information of Compliance. The Owner and the HOA shall furnish the
City Manager with any and all information requested by the City Manager, which the City
Manager deems necessary or advisable to determine eligibility of the Historic Property
and compliance with the terms and provisions of this Agreement.
7. Breach of Agreement; Remedies.
7.1 If the Owner or the HOA breaches any provision of this Agreement, the City
Manager may give written notice to the Owner and/or HOA by registered or
certified mail detailing the Owner's and/or HOA's violations. If such violation
is not corrected to the reasonable satisfaction of the City Manager within
thirty (30) days after the date of notice of violation, or within such a
reasonable time as may be required to cure the violation (provided the acts
to cure the violation are commenced within thirty (30) days and thereafter
diligently pursued to completion), the City Manager may, without further
notice, declare The Owner and/or HOA to be in breach of this Agreement.
Upon the City Manager's declaration of the Owner's and/or HOA's breach,
the City Manager may pursue any remedy available under local, state, or
federal law, including those specifically provided for in this section.
7.2 The City Council may cancel this Agreement if the City Council determines,
following a duly noticed public hearing in accordance with California
Government Code section 50286, that the Owner or HOA breached any of
the conditions of the Agreement, the Owner or HOA allowed the Historic
Property to deteriorate to the point that it no longer meets the standards for
a qualified historic property, or the Owner or HOA failed to maintain and
preserve the Historic Property in accordance with the terms of this
Agreement. If this Agreement is cancelled, under this paragraph, the Owner
shall pay a cancellation fee to the Office of the Auditor for the County of
Riverside as required by California Government Code Section 50286.
7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA's
breach of any condition, the City Manager may bring an action in court
necessary to enforce this Agreement including, but not limited to, an action
to enforce this Agreement by specific performance, injunction, or
receivership.
8_ Destruction of Property: Eminent Domain: Cancellation_ If the Historic Property is
destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of
the City Building Official more than sixty percent (60%) of the original fabric of the
structure must be replaced, this Agreement shall be cancelled because the historic value
of the structure will have been destroyed. If the Historic Property is acquired in whole or
in part by eminent domain or other acquisition by any entity authorized to exercise the
power of eminent domain, and the acquisition is determined by the City Council to
frustrate the purpose of this Agreement, this Agreement shall be cancelled. No
cancellation fee pursuant to Government Code section 50286 shall be imposed if the
Agreement is cancelled pursuant to this Section.
9. Waiver. The City does not waive any claim of default by the Owner or HOA if the
City or the City Manager does not enforce or cancel this Agreement. All other remedies
at law or in equity which are not otherwise provided for in this Agreement or in City's
regulations governing historic properties are available to the City to pursue in the event
that there is a reach of this Agreement. No waiver by the City or the City Manager of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic
Property to the covenants, conditions, and restrictions set forth in this Agreement. The
City, the Owner, and the HOA hereby declare their specific intent that the covenants,
conditions, and restrictions set forth in this Agreement shall be deemed covenants
running with the land and shall inure to and be binding upon the Owner's and HOA's
successors and assigns in title or interest to the Historic Property. Each and every
contract, deed, or other instrument herein after executed, covering or conveying the
4
Historic Property, or any portion thereof, shall conclusively be held to have been
executed, delivered and accepted subject to the covenants, reservations and restrictions
are set forth in such contract, deed or other instrument.
11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare
their understanding and intent that the burden of the covenants, reservations, and
restrictions set forth in this agreement touch and concern the land in that it restricts
development of the Historic Property. The City and the Owner hereby further declare their
understanding and intent that the benefit of such covenants, reservations and restrictions
touch and concern the land by enhancing and maintaining the cultural and historical
characteristics and significance of the Historic Property for the benefit of the public, the
City, the Owner, and the HOA.
12. Notice. Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by the parties hereto:
City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Owners: Anthony R. Gentilella
2174 Cresent Drive
Signal Hill, CA 90755
HOA: Greg Matsunami
Board President
Royal Hawaiian Estates
249 East Twin Palms Drive
Palm Springs, CA 92264
13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement
shall be deemed to create a partnership between the parties hereto and any of their heirs,
successors, or assigns, nor shall such terms, provisions, or conditions cause the parties
to be considered joint venturers or members of any joint enterprise.
14. Indemnity of City_ The Owner and HOA shall defend, indemnify, and hold harmless
the City and its elected officials, officers, agents, and employees from any actual or
alleged claims, demands, causes of action, liability, loss, damage, or injury to property or
persons, including wrongful death, whether imposed by a court of law or by administrative
action of any federal, state or local governmental agency, arising out of or incident to (i)
the direct or indirect use operation, or maintenance of the Historic Property by the Owner
or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee,
or any other person; (ii) the Owner's or HOA's activities in connection with the Historic
Property; and (iii) any restrictions on the use or development of the Historic Property, from
application or enforcement of the City Code, or from the enforcement of this Agreement.
This indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the
reimbursement of City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. The Owner's and HOA's obligation to
indemnify shall survive the termination, cancellation, or expiration of this Agreement and
shall not be restricted to insurance proceeds, if any, received by the City, its elected
officials, employees, or agents.
15. Binding Upon Successors. All of the agreements, rights, covenants, reservations
and restrictions contained in this Agreement shall be binding upon and shall inure to the
benefit of the parties herein, their heirs, successors, legal representatives, assigns and
all persons acquiring any part or portion of the Historic Property, whether by operation of
law or in any manner whatsoever.
16. Legal Costs. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, conditions or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing party
in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
17. Severability. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be effected thereby.
18. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, the City shall cause this Agreement to be recorded in the office of
the County Recorder of the County of Riverside. In the event the City fails to record this
Agreement as provided in this Section, the Owner or agent of an owner shall record this
Agreement with Riverside County within six (6) months of entering into the Agreement
and shall file and submit a conformed copy of this Agreement with the City Clerk promptly
after recordation.
19. Amendments. This Agreement may be amended, in whole or in part, only by
written recorded instrument executed by the parties hereto.
20. Governing Law and Venue. This Agreement shall be construed and governed in
accordance with the laws of the State of California. Any action at law or in equity brought
by either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of
Riverside, State of California, and the parties hereby waive all provisions of law providing
for a change of venue in such proceedings to any other county.
21. No Compensation. Neither the Owner nor the HOA shall not receive any payment
from the City in consideration of the obligations imposed under this Agreement. The
C1
Owner, the HOA, and the City acknowledge and agree that the primary consideration to
the City for the execution of this Agreement is the substantial benefit to the citizens of
Palm Springs accruing from the rehabilitation and maintenance of the Property, and the
primary consideration to the Owner and HOA is the economic advantage that will accrue
to the Owner and HOA as a result of the possible effect upon the assessed value of the
Property of the restrictions on the use and preservation of the Property imposed
hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a
reduction of property taxes as a result of this Agreement.
SIGNATURES ON FOLLOWING PAGE
7
IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this
Agreement on the day and year first written above.
CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation
Dated: B
jt._�e' �M
City Manager: Davi ady
APPROVED AS TO FORM
City Att rney:
ATTEST:
Ci lerk: Ant on C
Dated: By:
Owner: A ny R. Gentile a
Dated: 40 ! 317� By:
r g Matsunam i
oard President
Royal Hawaiian Estates ftA.7,
APPROVED BY MY COUNCIL 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CML CODE § 1189
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 California
County of
Ony before me, ,y J`4 C- ,
Date Here Insert Name d Title of the Officer
personally appeared �u c Co C.�-e'✓ .:� �A 6_
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 entity upon behalf of which the person(s) acted, executed the instrument.
-111111111 / 111111. 11 11111111111111111111;
NAf'A�AEL JAC,QUES
Comm. #2159005 7+
Notary Public -California b
Riverside County
r� My Commission Expires
Juiy 30, 2020
r1111111 illlllllll1/11111111111111111111111.
I certify under P� OF PERJURY under the laws
of the State of Califom that the foregoing paragraph
is true and correct.
WITNESS r y hand an o 'cial seal.
g'
of Notary Public
Place Notary Seal Above
OP77ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
i'L4'✓.,t/i'•✓i'•✓.,'✓sue. �i'•✓i'✓.-.`/i.yi-✓. ✓i'✓i�.i'ei - -•✓-✓t-✓i'L.-e/i'•✓i�i'•✓i'.Y.•✓t'.Y.,t/.✓i'✓i'.•/i "✓i'✓'. "✓Le/..'�/t-✓i-✓ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
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 California
County of.
On �(ilyG (�% , 2O� before me,
Date
Here Insert Name and Title of the Officer
personally appeared 69d5� &ATS UNAM I
Name(s) of Signerw
who proved to me on the basis of satisfactory evidence to be the person�5) whose names') is/aye
subscribed to the within instrument and acknowledged to me that he/sl//thgoic executed the same in
his/hor/thifir authorized capacity(iei), and that b his/hd' /qir signature($. on the instrument the person($
or the entity upon behalf of which the person(7acted, executed the instrument.
I�IU.S
= COMM. 02164284 x
NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY
Commission Expires Od. 6, 2020
ti-.x1ti212ti..
Place Notary Seal Above
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.
Signature
Signature of Notary Public
OPT7ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Rapacity(ies) Claimed by Signer(s) ❑
Pigner's Nam(rj 8 §igner's NamU
❑ Corporate Office}— Title(s): ❑ Corporate Offices Title(s):
❑ ❑ ❑ ❑
❑ Partner — Limited General ❑ Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0
EXHIBIT A
LEGAL DESCRIPTION
Assessor Parcel Number 511-070-009-7; 127 East Twin Palms Drive; Parcel 16 RS
032/069
All that certain real property situated in the County of Riverside, State of California,
described as follows: Parcel 3 of which is shown in the Record of Survey Map recorded
in Block 32, Page 69 of Record of Surveys in the Office of the County Recorder of said
County, also known as 127 East Twin Palms Drive
EXCEPT therefore the oil, gas, minerals and other hydrocarbon substances lying below
the surface of said land, as provided in deeds of record.
(Aerial photo of the property and tract map are on file in the Planning Services Department of the
City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
10
EXHIBIT B
MAINTENANCE STANDARDS
(Section 4.1)
All structures, walls, water features, landscaping and any other improvements associated
with the parcel that is the subject of this Mills Act Historic Property Preservation
Agreement ("Agreement") shall be maintained in good condition throughout the term of
this agreement.
All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs
Municipal Code that occur or develop on the subject parcel shall be abated in a timely
manner and to the satisfaction of the City Manager or his designee.
All structures, walls, water features, landscaping and any other improvements
associated with the parcel that is the subject of this Agreement that are part of the
historic character -defining features of the property shall be maintained as outlined in the
Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings (1995 Weeks and Grimmer).
11
EXHIBIT C
EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and tract map are on file in the Planning Services Department of
the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
12
EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
(Aerial photo of the property and tract map are on file in the Planning Services Department of
the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
13
CITY COUNCIL STAFF REPORT
DATE: December 19, 2019
CONSENT AGENDA
SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE
LOCATED AT 127 EAST TWIN PALMS DRIVE (ROYAL HAWAIIAN
ESTATES HD-2).
FROM: David H. Ready, City Manager
BY: Planning Services
SUMMARY
This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement
with Anthony R. Gentilella, and the Royal Hawaiian Estates Homeowners Association.
The intent of this contract is to require maintenance and preservation of this Class 1
historic site in exchange for possible property tax relief as determined by Riverside
County (APN 511-070-009).
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the City
of Palm Springs, Anthony Gentilella and the Royal Hawaiian Estates
Homeowners Association, for 127 East Twin Palms Drive (HSPB 73 HD-2).
2. Authorize the City Manager to execute the Agreement; and
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On February 3, 2010, the City Council designated the Royal Hawaiian Estates a Historic
District (HSPB 73 / HD-2). The Royal Hawaiian Estates Historic District is comprised of
forty residences on roughly five acres. As such, each of the forty units are deemed
"contributing" and are therefore subject to Class 1 regulations and are also each qualified
for application for a Mills Act Historic Property Preservation Agreement.
Pursuant with California Government Code Section 50280 — 50290, upon the application
of an owner of any qualified historic property, the legislative body of a city may contract
with the owner or agent to restrict the use of the property to carry out the purposes and
rrEM NO, o NSENr1
City Council Staff Report
December 19, 2019 - Page 2
Mills Act —127 East Palms Drive
goals of historic preservation of the property. Such a contract is commonly referred to as
a "Mills Act Agreement' and it provides for possible alternative property tax rate
calculations in exchange for specific and ongoing preservation and maintenance of the
property, specifically its historically significant elements and characteristics.
The property at 127 East Twin Palms Drive has been deemed a "contributing structure"
within the Royal Hawaiian Estates Historic District. Pursuant to Municipal Code Section
8.05.125, contributing structures in a historic district are subject to Class 1 regulations
and are designated Class 1 historic sites. State of California Governmental Code Section
50280.1 denotes that properties that are eligible for application of a Mills Act contract
must be listed in a state, city, county official register of historic sites. As such, 127 East
Twin Palms Drive is qualified for a Mills Act Contract.
At Royal Hawaiian Estates, routine maintenance and upkeep of the building exteriors and
grounds is a shared responsibility of the home -owners association (HOA) and the
individual unit owners. Because of this shared responsibility, the Mills Act Agreement in
this case has been drafted with both the homeowners and the HOA as parties to the
agreement. Should other individual homeowners at the Royal Hawaiian Estates wish to
pursue a Mills Act Agreement, the same contractual arrangement would apply.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the
whole of an action, which has a potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to request approval of Mills Act agreements, and
is exempt from CEQA pursuant to Section 15378(b), in that a "Project' does not include:
(5) Organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment.
FISCAL IMPACT: Approval of this Mills Act contract may result in a decrease in the
property tax collected for the subject property.
-r-1- '17_�
Flinn Fagg, AIC
Director of Planning Services
David H. Ready, Esq., Ph.D
City Manager
Marcus Fuller, P.E., M.P.A., P.L.S.
Assistant City Manager/City Engineer
2
City Council Staff Report
December 19, 2019 - Page 3
Mills Act —127 East Palms Drive
Attachments:
• Notification Map
• Vicinity Map
• Council Excerpt of Minutes dated February 3, 2010
• Owner letter of intent dated November 27, 2019
• Homeowners Association Letter of Support dated November 25, 2019
• Exterior Photos
• Historic Property Preservation Agreement
3