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HomeMy WebLinkAbout1L OCRCITY COUNCIL STAFF REPORT DATE: November 12, 2020 CONSENT AGENDA SUBJECT: REQUEST BY JASON EVANS AND MARCUS WHITE, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 123, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-027), (HSPB #88 / HD-3). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Jason Evans and Marcus White, owners of unit 123 at the Racquet Club Cottages West historic district, located at 360 Cabrillo Road. 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 the Riverside County tax assessor. RECOMMENDATION: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jason Evans and Marcus White and the Racquet Club Cottages West Homeowners Association for 360 Cabrillo Road, Unit 123. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. STAFF ANALYSIS: On November 13, 2013, the City Council designated the Racquet Club Cottages West a historic district (HSPB #88 / Historic District #3) via Resolution 23458. The Racquet Club Cottages West Historic District is comprised of thirty-seven (37) residences clustered in twenty-one buildings. Each of the twenty-one buildings is deemed "contributing" to the historic significance of the district. Because the maintenance responsibilities are shared between the homeowner and the homeowners association, 2City Council Staff Report November 12, 2020 Mills Act Agreement -360 Cabrillo Road, Unit 123 the HOA is also required by the City to be a party to the agreement. EXTERIOR VIEW OF 360 CABRILLO UNIT 123 Page 2 of 3 Pursuant to California Government Code Sections 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 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. Pursuant to California Government Code Section 50280.1, a "qualified historical property" means a privately-owned property which is not exempt from property taxation and is listed in any state, city or county official register of historical or architecturally significant sites, places, districts or landmarks. Unit #123 at Racquet Club Cottages West meets this definition because it is listed in the City of Palm Springs historic register 3City Council Staff Report November 12, 2020 Mills Act Agreement -360 Cabrillo Road, Unit 123 Page 3 of 3 as a contributing structure in the Racquet Club Cottages West Historic District (HSPB #88 I HD-3). FISCAL IMPACT: Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property. ·nn Fagg, AICP \ Director of Development Services <_-2?~ David H. Ready, Esq~ Ph. City Manager Attachments: 1. Vicinity Map ~~ Marcus Fuller, P.E., M.P.A., P.L.S. Assistant City Manager/City Engineer 2. City Council Minutes Excerpt: November 13, 2013. 3. Letters from the owners dated September 15, 2020 and from the Racquet Club Cottages West HOA president dated May 17, 2020. 4. List of contributing structures in the Racquet Club Cottage West Historic District. 5. Historic Property Preservation Agreement. 40 Department of Planning Services Vicinity Map ', \ ·, 1, ) \ \ \ . I \ \ \ \ I, \ \ \ I,~ \ \ \ ~--'----~~-----1..-._L-__ _j_ __ _j_~ ./ \ \ \ ----\\\ -----DOMfNGUEZ·RD----------l1 \ \, ~--~~----~-___ \ "\ // Q ,-----_ _c=] C==1 \ \ ,/ L ... ~IC_JQ_ C_=J r~-\ \,, \ // C-C..-=:J r-1 \ __ _] \ \;·/ r-~--, -,r--"J\ I I . ' . ------------, \ ··n -~----r ' . \ i . Ur-~ DlT ~ 1' ~~11 LJ I ~I! ,__ l 1, \ -~----[_=.]17--~=]\ \ \ ···-------ir-------~------------~, l CABRILLO RD Z \ C.. I ,.,--·~l-.---"-T"--,----.------r--,-----r-----,--~-,-,<) ~ I j '0 I I\ ;0 \ -·\O •, \ \ \ \ \ \ ;, 'I. \ ) \ '· ~--'--"""'------'-----L---'-----___j___ _ _..L __ L__ __ ...1._ __ .. , I • . \ \--· t-----._.__--r-----CORTEZ-RD---------------· ,, Legend D 500-ft Buffer ~ Site -,r-,-,-,-,-..---,--,---,-,-,---,---,---\J' \ 1 r· i .. l ,-,----------\ \._ '1. 1, -~--\ \ \ ···1 / I ;...---~-'1 ', I ~,----l---..L. ./ \_ -,, __________ J··, "t=~=-~ 1 \ , 1, ~---~-! m \ . .J [ 1r-··-----11 i / I l --~-, . I I \ I ,., \ ·,,._r---7...,------,_,,, -~ r , 0 \ , ' I CITY OF PALM SPRINGS HSPB #88: 360 Cabrillo Unit 123/124 N 5CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held November 20, 2013, the City Council took the following action: 1.C. HISTORIC DISTRICT DESIGNATION FOR THE RACQUET CLUB COTTAGES WEST CONDOMINIUMS (NOW KNOWN AS THE RACQUET CLUB GARDEN VILLAS) AT 360 WEST CABRILLO ROAD (HSPB 88, HD-3): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated November 20, 2013. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. KIM ZAKOWSKI, HOA President Racquet Club Villas, commented on the detailed request for historic designation, the history of the Racquet Club Villas, and requested the City Council approve the Historic District. ERIK ROSENOW, Palm Springs Preservation Foundation, commented on the history of the development and the nomination, and requested the City Council support the desf gnation. No further speakers coming forward, the public hearing was closed. ACTION: Adopt Resolution No. 23458, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RACQUET CLUB COTTAGES WEST LOCATED AT 360 CABRILLO ROAD AS HISTORIC DISTRICT NO. 3 (COMMON AREA APN 504-131-061) (HSPB 88, HD-3).'' Motion Councilmember Foat, seconded by Councilmember Lewin and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Hutcheson. 6L CYNTHIA A. BERARDI, Interim Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action took place at a regular meeting of the City Council held on the 20th day of November, 2013. dd;;2 Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk 7Jason M Evans & Marcus C White Racquet Club Cottages West September 15, 2020 Mr. Richard Bruno Planning Technician 360 Cabrillo Road, Unit 123 Palm Springs, CA 92262 Dept. of Planning and Development Services 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Mills Act Historic Property Agreement Request Dear Mr. Bruno, Please accept this letter as our request to enter into a Mills Act Historic Property Agreement with the City of Palm Springs for our real property located at 360 Cabrillo Road Unit 123, Palm Springs, CA 92262 (APN 504-131-0273). We purchased the merged unit (originally units 123 and 124) on April 27, 2017 and hold title as Jason M Evans and Marcus C White, trustees of the White/Evans Living Trust dated 7/20/2020. Enclosed please find a request letter on behalf of the Racquet Club Cottages West Homeowners Association and a check for the application fee of $1,192.00. If you have any questions or need any additional information, please contact Jason at 360-621-9803 or email at jason.m.evans@icloud.com. Thank you for your time and consideration. Many thanks, ~JV\~ Jason M Evans RECEIVED 2~P 2 1 2020 8pfirsoNAi:irEo PROPERTY ~ MANAGEMENT Tfil· f ~,utft• 1l1i \.,/J;},y .. ~ C:1a,t::::ui1 \ l/ntf~;_t:, n:t·:~~r t:~,r:rpnn t May 17, 2020 City of Palm Springs • Planning Department Services 320 E. Tahqultz Canyon Way Palm Springs, CA 92263 (Rg,cquet C{u6 Cottages West 68950 Adelina Rd. Cathedral City, CA 92234 Phone: (760) 325-9500 Fax: (760) 325-9300 Please accept this letter of Intent on behalf of the Racquet Club Cottages West Homeowners Association to enter Into a Mills Act Contract with the City of Palm Springs and Jason Evans owner of unit #123, 360 Cabrlllo Road, Palm Springs, CA 92262. 9ID ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 LIST OF CONTRIBUTING AND NON-CONTRIBUTING STRUCTURES IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (Source: City Council Resolution #23458) ., Assessor Common Address or Description ~ontributing or non-Archival Photos on Parcel Number (360~ Cabrillo Rd Unit#) Contributing (CIN) :: file? (YIN) 504-131-023-9 Unit 105 C y 504-131-024-0 Unit 107 C y 504-131-025-1 Unit 114 C y 504-131-026-2 Unit 118 C y 504-131-027-3 Unit 123 C y 504-131-028-4 Unit 122 C y 504-131-029-5 Unit 125 C y 504-131-030-5 Unit 128 C y 504-131-032-7 Unit 231 C y 504-131-033-8 Unit 232 C y 504-131-034-9 Unit 227 C y 504-131-035-0 Unit 226 C y 504-131-036-1 Unit 229 C y 504-131-037-2 Unit 222 C y 504-131-038-3 Unit 218 C y 504-131-039-4 Unit 211 C y 504-131-040-4 Unit 209 -C y 504-131-041-5 Unit 207 C y 504-131-042-6 Unit 201 C y 504-131-043-7 Unit 205 C y 504-131-044-8 Unit 213 C y 504-131-045-9 Unit 214 C NO 504-131-046-0 Unit 202 C y 504-131-04 7 -1 Unit 204 C y 504-131-048-2 Unit 217 C y 504-131-049-3 Unit 220 C y 504-131-050-3 Unit 224 C y 504-131-051-4 Unit 120 C y 504-131-052-5 Unit 113 C y 504-131-053-6 Unit 116 C y 504-131-054-7 Unit 110 C y 504-131-055-8 Unit 109 C y 504-131-056-9 Unit 103 C y 504-131-057-0 Unit 104 C y 504-131-058-1 Unit 102 C y 504-131-059-2 Unit 101 C y 504-131-063-5 Unit 127 C y 504-131-061 Common Areas Overall boundary for the y historic district 504-131-061 Carports, drives and Parking Areas Non-contributing No 504-131-061 Common area pool, pool deck and C y meandering water feature 504-131-061 Trellis & Pool Cabana Non-contributing y 10FREE 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 1 ih day of November. 2020. by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Jason Evans and Marcus White, trustees of the White / Evans Living Trust dated 12/17/19, ("Owners") and the Racquet Club Cottages West Homeowners Association ("HOA"). 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 360 Cabrillo Road Unit 123 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. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property's building exteriors and grounds. D. On November 20. 2013 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 23458 designating the historic property a contributing structure in the Racquet Club Cottages West Historic District, 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. 11AGREEMENT 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 November 12, 2020 ("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. 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 12Office 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. 137 .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 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 14forth 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: Owner: HOA: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 The White / Evans Living Trust dated 12/17 /19 Jason M. Evans and Marcus C. White, Trustees 1714 East Highland Dr Seattle, WA 98112 Paul Rosen HOA Board of Directors Racquet Club Cottages West Homeowners Association C/O Personalized Property Management 68950 Adelina Road Cathedral City, CA 92234 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 15not 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. 16SIGNATURES ON FOLLOWING PAGE 17IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. Dated: ----------APPROVED AS TO FORM: Acting City Attorney: Jeff Ballinger Dated: -----------Dated: -----------Dated: -----------CITY OF PALM SPRINGS, a Charter City and Municipal Corporation By: ___________ _ City Manager: David H. Ready ATTEST: City Clerk: Anthony J. Mejia, MMC By: ___________ _ Owner: Jason M. Evans, Trustee, The White / Evans Living Trust dated 12/17 /19 By: ___________ _ Owner: Marcus C. White, Trustee The White / Evans Living Trust dated 12/17 /19 By: ___________ _ HOA: Paul Rosen; Board of Directors Racquet Club Cottages West Homeowners Association 18CALIFORNIA 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 ___________ before me, _________________________ _ Date Here Insert Name and Title of the Officer Personally appeared-----------------------------------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 PENAL TY 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 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 _______________ Document Date __________ _ Number of Pages _________ Signer{s} Other Than Named Above _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ D Corporate Officer-Title{s} _______ _ D Partner D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other ____________ _ Signer Is Representing ___________ _ Signer's Name _______________ _ D Corporate Officer-Title{s} =---------• Partner D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other ______________ _ Signer Is Representing ____________ _ ~~~~~~~--t;f'--ffi'.'~U~ ©2014Nationa1Notary Association• www.NationalNotary.org • 1-800-USNOTARY {1-800-876-6827} ltem#S907 19EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of CALIFORNIA, County of Riverside, and described as follows: Parcel 5 of Record of Survey in the City of Palm Springs, County of Riverside, State of California, as per Map recorded in Book 33, Page 18 of Records of Surveys in the Office of the County Recorder of said County. Excepting therefrom the right to any deposits of oil, gas, or other hydrocarbon substances and water underlying said land, provided however, that such reservation shall not be deemed to give the Grantor, its successor or assigns, any right to enter upon said premises for the development of any such water, oil, gas or other hydrocarbon substances as reserved by Security First National Bank of Los Angeles, by Deed recorded January 11, 1936 in Book 262, Page 533 of Official Records. APN: 504-131-027 (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) 20EXHIBIT 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). 21EXHIBIT C EXISTING CONDITIONS (Section 4.2) (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) 22EXHIBIT D SPECIFIC PROJECTS (Section 4.3) ( none specified)