HomeMy WebLinkAboutA6968 - MICHELE YEELES & MARTIN YEELES RACQUET CLUB GARDEN VILLAS HOAFREE 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 19t" day of
April, 2017 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Michele Yeeles ("Owner') and Martin Yeeles ("Owner") and
Racquet Club Garden Villas ("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 224-225 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 November 20, 2013 (the "Approval Date"), the City Council of the City of
Palm Springs ("Council") approved Resolution 23458 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.
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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 April 19, 2017 ("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 fumish the City Council with any information which Owner deem relevant
and shall fumish the City Council with any information it may require. The City Council
may, at any time priorto 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.
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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 T."
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
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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
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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 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
Owner(s): Michele Yeeles
Martin Yeeles
360 Cabrillo Road Unit 224-225
Palm Springs, CA 92262
HOA: Brent Swift; HOA President
Racquet Club Garden Villas HOA
42635 Melanie Place Suite 103
Palm Desert, CA 92211
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,
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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.
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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
VA
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: V v,
City Manager: David a
APPRO AS FORM:
By'
City Attorney: .HeHend
F_�o_a,t Z. V-of1!'vi
APPROVED BY CRY COUNCIL
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By:
City Clerk: Kathleen D. Hart, MMC
Interim City Clerk
Dated: Z = By:
Iv
Owner: Michele Yeeles
Dated-.(1 By: WU �
Owner: Martin Yeeles
Dated: 05 / ay / o1Z l By: r--
�Brentvv A President
Racq4u0;t' Club Garden Villas
STATE OF OKLAHOMA
ss.
COUNTY OF CLEVELAND
Before me, the undersigned, a Notary Public in and for said County and State on this PLI- day of May,
2017, personally appeared Brent Swift, to me known to be the identical person who executed the within
and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary
act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Notary Public
My Commission Expires:
PUBLIC
• Nwoioe '
-► ' O � OF Q� • ry
�O •' • Off.• ry0
Commission No. D
Massachusetts Alt -Purpose
Commonwealth of Massachusetts
County of (Lrns blel
On this X"day of 2 20_i2__, before me, the undersigned notary public,
personally appeared Pl' ele_ i,li Xc-P-6e S
proved to me through satisfactory evidence of identification, which were
to be the person whose name is signed on the preceding
or attached document and acknowledged to me that he/she/they signed it voluntarily for
its stated purpose(s).
(as partner for , a partnership.)
(as for , a corporation.)
(as attorney in fact for , the principal.)
(as for , (a)(the)
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Signature of Notary
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My commission expires:
WILBURN O. RFCkUp
oPublic
COMMONWEALTH
Of
My Commission Expires
January 22. 2022
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.
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On June 13, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK, CITY OF PALM
SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY
MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his official and authorized capacity on behalf of the
City of Palm Springs, a California Charter City.
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 the official seal of the City of Palm Springs, California, this 13th day of
June, 2017.
VALM S.
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Signature:V-e-
KATHLEEN♦���FO�N`
D. HART, MMC
INTERIM CITY CLERK
Title or Type of Document:
Historic Property Preservation Agreement
Michele Yeeles, Martin Yeeles and Racquet Club Garden Villas Homeowners Association
360 Cabrillo Road Unit 224-225
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of CALIFORNIA, County of Riverside,
and described as follows:
PARCEL 28 OF RECORD OF SURVEYS, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 33, PAGE 18, OF RECORD 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 SUCCESSORS OR ASSIGNS, ANY RIGHT TO ENTER
UPON SAID PREMISES FOR THE DEVELOPMENT OF ANY SUCH WATER, OIL OR
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: 504-131-050- 4
(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)
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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).
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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)
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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)
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CONTRACT ABSTRACT
Contract
Company Name: (none)
Company Contact: Michele Yeeles and Martin Yeeles and Racquet Garden Villas
Homeowners Association
Summary of Services: (none — Mills Act Historic Property Agreement for Class 1
historic site) 360 Cabrillo Road Unit 224-225.
Contract Price: (not applicable)
Funding Source: (not applicable)
Contract Term: 10 years with automatic 1 year renewal annually
Contract Administration
Lead Department:
Contract Administrator
Contract Approvals
Planning Services
Flinn Fagg
Council/ Community Redevelopment
Agency Approval Date: 4-19-2017 (City Council)
Minute Order/ Resolution Number: Approved as part of Consent Agenda
Agreement No:
Contract Compliance
Contract Number A6968
Exhibits: (none)
Signatures: Michele Yeeles and Martin Yeeles Owners, Brent Swift,
Representative for Racquet Club Garden Villas Homeowners
Association
Insurance: (not applicable) {
Contract prepared by: Richard Bruno, Planning Technician
Submitted on: 04-19-2017 By: Flinn Fagg
_ M
* Please request a Conformed Copy for applicant notification of Riverside Co. Assessor Offic&recgiat**
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