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HomeMy WebLinkAboutA7182 - PINNACLE VIEW, LLC2017-0329359 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 08/10/2017 12:21 PM Fee: $ 0.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder cINEUMr�riUwr�m�iui R A Exam: Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC i SIZE NCOR SMF "IT: PERFORMANCE AGREEMENT ESA-SP Zone This Performance Agreement ("Agreement") is entered into this 'u day of .-pf-� �. ("Effective Date") by and between Pinnacle View, LLC a California Limited Liability Company ("Owner") and the City of Palm Springs, a California charter city (°City"). RECITALS A. Owner is the fee title owner of that certain real property located at 2278 City View Drive in the City of Palm Springs, County of Riverside, State of California, more particularly described on Exhibit "A" — Legal Description, attached hereto and incorporated herein by reference ("Property"). B. On 12/14/16, the City Planning Commission approved a Major Architectural Application for the development of a single-family residence on the Property, subject to certain conditions ("Project"). C. The Property is located in the Environmentally Sensitive Area — Specific Plan ("ESA-SP") zone. Pursuant to Section 92.21.1.05(J) of the Palm Springs Zoning Code, prior to the issuance of any permit for grading or construction of any improvement on any property within the ESA-SP zone, the property owner shall enter into an agreement with the City ensuring that should the improvement not be completed as permitted, that the land will be re -naturalized. D. City and Owner desire by this Agreement to meet the requirements imposed by Section 92.21.1.05(J) of the Palm Springs Zoning Code. DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS l . Recordation. This Agreement shall be recorded and Owner shall provide a copy of the recorded Agreement to City. 2. Continuous Work. After commencement of grading or construction of any improvement on the Property, Owner shall cause such work to be diligently pursued to completion of the Project, and shall not abandon the work for a consecutive period of more than one hundred 1173787.1 eighty (180) days, events of force majeure excepted. Erosion and storm water quality measures shall be kept in working order at all times. 3. Force_Majeure. Owner shall not be deemed to have abandoned work on the Project under Section 2, where a delay in work is caused by circumstances beyond the control and without the fault of Owner, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Project by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Owner or its contractor detailing the grounds for Owner's claim to a right to extend its time for performance hereunder. 4. Security to Guarantee Performance. Prior to the issuance of any permit for grading or construction of any improvement on the Property, Owner shall furnish to City a bond, cash deposit, irrevocable letter of credit, assignment of a certificate of deposit, or similar form of security acceptable to City in its sole and absolute discretion in a total amount of Fifty Thousand Dollars ($50,000.00). The City will release the bond or other security upon Owner's written request, provided that the Project is completed and the bond or security has not been utilized for re -naturalization of the Property under Section 5. 5. Re -naturalization of Property. If the City finds or determines that a default has occurred in the performance of the work under Section 2, written notice thereof shall be given to the Owner and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done in order to re -naturalize the Property (which work may include the removal of any improvements and the restoration of the natural terrain, rock features, and vegetation on the Property to the condition that existed as of the Effective Date), the estimated cost thereof, and the period of time deemed by the City Engineer to be reasonably necessary for the completion. After receipt of such notice, the Owner and, if applicable, the surety, shall within the time specified, cause or require the work to be performed. If the work is not performed, the estimated cost of performing the work shall be demanded from the surety or, if there is no surety, obtained from the security, and the City Engineer shall cause such work to be performed and completed. In the event that the Owner or, if applicable, the surety do not cause or require the re -naturalization work to be performed and completed, the City and its agents shall have an exclusive right to entry onto the Property for purposes of completing the work. 6. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Owner hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal or equitable remedy to which it may be entitled. 7. Amendment or Termination. This Agreement and the conditions, covenants, and restrictions contained herein shall not be amended in any manner or terminated without the prior written approval of City or without the recordation of any such approval by City. 8. BindingEffect. ffect. This Agreement and the conditions, covenants, and restrictions contained herein are and shall be deemed to be covenants running with the land and shall bind and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 2 1174787 1 9. City Enforcement. The City shall have the right to enforce this Agreement by any legal or equitable means against Owner or any person in actual possession of the Property who directly or through any agent violates the terms hereof. All obligations of Owner under this Agreement shall inure solely to the benefit of City and there are no third party beneficiaries of said obligations. 10. Captions. Captions in this Agreement are inserted for convenience and reference only and do not define, describe or limit the scope of the intent of this Agreement or any of the terms hereof. IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the Effective Date. OWNER(S) Pinnacle View, LLC, a California Limited Liability Company. By: Weston Investment Co. LLC, an Oregon Limited Liability Company, Its Manager By: Weston Trust Corp., an Oregon Corporation, Its Managing Member By:Ct�l' ,7 [Signature of Owner(s) must be properly acknowledged and notarized] ACCEPTED BY: Cit of Palm Springs, a Calif orn' r city By: David H. Ready C2�*-- City Manager "PROVED TO FORM: Renglas-E.#Iel nm+ EAW&nk Z. K0tK►r1 City Attorney 3 1174787.1 ALt,PURPOSE ACKNOWLEDGMTM .'+ti .R 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 CWiforrna Cy� ) County of X )— '\(1 (1(L ) On ' �� 20 � -1 before me, �V 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 helshelthey 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. 1 certify under PENALTY OF PERJURY under the laws of the State of Galiforsrsa that the foregoing paragraph is true and correct. 17� OFFICIAL SEAL WITNESS my hand and official seal. AlAk TRACIE MASSEY NOTARY PUBLIC - ORt»GON COMMISSION No, 948387 Signature ' 11 MY COMMISSION 1^XPIRES MARCH 10, 2= Signature of Notary Pub# Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can defer 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: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer ---- Title(s): p Partner — ❑ Limited [7 General — © Individual © Attorney in Fact p Trustee ❑ Guardian or Conservator r Other: Signer Is Representing: Document Date: Named Above: Signer's Name: l] Corporate Officer — Title(s): E] Partner — l] Limited ❑ General ❑ Individual p Attorney in Fact p Trustee E Guardian or Conservator © Other: Signer Is Representing: 5 1174787.1 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 August 3, 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 3rd day of August, 2017. �VALM8,6 A. .y Ub AT Signature: KA HLEEN D. HART, MMC INTERIM CITY CLERK Title or Type of Document PERFORMANCE AGREEMENT ESA-SP Zone 2278 City View Drive EXHIBIT "A" Legal Description of Property Lot 50, of Tract 35540, in the City of Palm Springs, County of Riverside, State of California, as shown by Map on File in Book 443, Page 65 through 78 of Maps, Records of Riverside County, California. 2 City Springsof PaIm Office of the City Clerk 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8204 • Fax: 760.322.8332 R TDD 760.864.9527 • www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Dated: April 11, 2017 from, PERFORMANCE AGREEMENT ESA-SP Zone Pinnacle View, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 3rd day of August, 2017, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 161h day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 3rd day of August, 2017. � �ppLAA sp� c U y� *bRAI,� 'QOFQRN% 14 . KATHLEEN D. HART, MMC Interim City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 2021-0378007 05/23/2021 11:13 AM Fee: $ 0.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Aldana 9 Assessor -County Clerk -Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code §6103 Release of Security to Guarantee Performance Performance Agreement ESA-SP Zone (Planning Area 4) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on April 13, 2021, the construction of the single-family residence on the Property located at 2278 City View Drive, in the City of Palm Springs, County of Riverside, State of California, more particularly described on Exhibit "A" — Legal Description, attached hereto and incorporated here by this reference ("Property") was completed. Pursuant to Performance Agreement EAS-SP Zone (Planning Area 4) by and between the City and Owner recorded on August 10, 2017, as Document No. 2017-0329359, in the records of Riverside County Recorder, (hereafter the "Agreement"), Owner provided a $50,000.00 letter of credit as ("Security") to guaranteed the completion of construction of the project on the Property. In compliance with the Agreement, the City hereby releases the Security. [SIGNATURES ON NEXT PAGE] 55575.18120\33 853168.2 Dated: AC - Attest: 55575.18120\33 8 53 168.2 City of Palm Springs, a California charter city and municipal corporation "(;.— JusAAClifton, IC -CM City Manager Approved as to form: <24v Z? Jeff B inger City Attorney EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 50 OF TRACT NO. 35540, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 443, PAGES 65 THROUGH 78 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 55575.18120\33853168.2 � �41FORN& CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by RELEASE OF SECURITY TO GUARANTEE PERFORMANCE PERFORMANCE AGREEMENT ESA-SP ZONE (PLANNING AREA 4) Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 504-390-050 Dated: April 13, 2021 From, Pinnacle View, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 27th day of May, 2021, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 26th day of May, 2021. NTHON M IA M CITY CLE K City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Memo To: Anthony Mejia, City Clerk From: Rick Minjares, Engineering Associate Date: May 4, 2021 Re: E-4166, 2278 City View Drive (SECURITY RELEASE) Attached please find a Release of Security to be executed for the performance agreement associated with the property located at 2278 City View Drive, (APN 504- 390-050) in the City of Palm Springs. Please execute the release and prepare a Letter of Acceptance to the Riverside County Recorder for recordation. Attached you will find a copy of the recorded agreement for reference, If you have any questions, do not hesitate to call me. Thank you, Rick Minjares, Engineering Associate City of Palm Springs Engineering Dept. (760) 323-8253 X8741. Wells largo Bank, N.A. U.S. Trade Services Standby I.ettcrs of Credit 794 Davis Street, and Floor XLXCAJ0283-0z„ San Leandro, (,a 94577-6922 Phone: i(800) 776-3862 Option a L-Mail: sblc-ncw(gwcllsfarl;c.com Irrevocable Standby Letter Of Credit o7ld$ lam` BENEFICIARY CITY OF PALM SPRINGS 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 92262 LETTER OF CREDIT ISSUE AMOUNT LADIES AND GENTLEMEN: Number: IS000070312U Issue Date : January15, 2019 APPLICANT WESTON INVESTMENT CO., LLC 2154 NE BROADWAY ST., SUITE 200 PORTLAND, OREGON 97232 DUPLICATE USD 50,000.00 EXPIRY DATE JANUARY 15, 2020 WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF FIFTY THOUSAND AND NO/100 (USD50,000.00) WHICH IS AVAILABLE BY PAYMENT UPON PRESENTATION OF THE FOLLOWING DOCUMENTS: 1. A DRAFT DRAWN ON US AT SIGHT MARKED "DRAWN UNDER WELLS FARGO BANK, N.A. STANDBY LETTER OF CREDIT NO. IS000070312U." 2. THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS ATTACHED THERETO. 3. A DATED STATEMENT ISSUED ON THE LETTERHEAD OF THE BENEFICIARY AND PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE STATING: "APPLICANT HAS FAILED TO FULFILL THEIR OBLIGATIONS TO THE CITY OF PALM SPRINGS FOR CONSTRUCTION OF A SPEC HOUSE WORK. WE THEREFORE DEMAND PAYMENT IN THE AMOUNT OF (INSERT AMOUNT) AS SAME IS DUE AND OWING." THIS LETTER OF CREDIT EXPIRES AT OUR ABOVE OFFICE ON JANUARY 15, 2020. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT SUCH EXPIRATION DATE SHALL BE DEEMED AUTOMATICALLY EXTENDED, WITHOUT WRITTEN AMENDMENT, FOR ONE YEAR PERIODS TO JANUARY 15 IN EACH SUCCEEDING CALENDAR YEAR, UNLESS AT LEAST 60 DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND WRITTEN NOTICE TO YOU AT YOUR ADDRESS ABOVE BY OVERNIGHT COURIER OR REGISTERED MAIL THAT WE ELECT NOT TO EXTEND THE EXPIRATION DATE OF THIS LETTER OF CREDIT BEYOND THE DATE SPECIFIED IN SUCH NOTICE. UPON OUR SENDING YOU SUCH NOTICE OF THE NON -EXTENSION OF THE EXPIRATION DATE OF THIS LETTER OF CREDIT, YOU MAY ALSO DRAW UNDER THIS LETTER OF CREDIT, ON OR BEFORE THE EXPIRATION DATE SPECIFIED IN SUCH NOTICE, BY PRESENTATION OF THE ABOVE DOCUMENTS. Together we'll go far Page 1 of 2 Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number IS000070312U C THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. THIS UNDERTAKING IS INDEPENDENT OF AND SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED, OR INCORPORATED BY REFERENCE TO ANY DOCUMENT, CONTRACT, OR AGREEMENT REFERENCED HEREIN. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED ABOVE AT OUR OFFICE LOCATED AT 794 DAVIS STREET, 2ND FLOOR, MAIL CODE A0283-023, SAN LEANDRO, CA 94577-6922, ATTENTION: STANDBY LETTER OF CREDIT DEPT. ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY EXTENDED EXPIRY DATE IF APPLICABLE. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 ("ISP98"). Very Truly Yours, WELLS FA O BANK, A. MICHELE LEE ASSISTANT VICE PRESIDENT By: Authorized Signature The original of the Letter of Credit contains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services ateither 794 Davis Street, 2nd Floor MAC A0283-023, San Leandro, CA 94577-6922 or 401 N. Research Pkwy, 1st Floor MAC D4004-017, WINSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-776-3862 Option 2 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST) Together we'll go far Page 2 of 2 Each page of this multipage document is an integral part of this Irrevocable Standby Letter of Credit Number IS000070312U ENGINEERING SERVICES DEPARTMENT PROJECT NO. 2278 City View Drive AGREEMENT NO. A7182 BLDG. PLAN CHK. NO. ENGINEERING FILE No. E-4166 DATE TRANSMITTED. 1/28119 ❑ GRADING ❑ STORM DRAIN ❑ FINAL MAP OTHER ❑ LOT LINE ADJUSTMENT ❑ SITE ❑ SEWER ❑ WATER ❑ STREET ❑ MERGER DIVISION REVIEWED BY: ❑ R/W ❑TRAFFIC ❑PLANNING DATE ❑ FIELD ENGINEERING ❑ BUILDING BY E f OTHER (CITY CLERK) COMMENTS: TITLE ❑ APPROVED ❑ NOT APPROVED (SEE COMMENTS) Attached you will find an original Letter of Credit (Bond) required as part of the Performance Agreement executed by the developer and recorded on 8/10/17 as Instrument #2017-0329359, also known as Agreement Number #A7182. The attached letter of credit to be held as security and only released by the City Engineer upon completion of the project. If you have any questions please let me know. Rick Minjares �pA`Msp� iy v N roQA1 �rFoaN�P ENGINEERING SERVICES DEPARTMENT PROJECT NO. 2278 City View Drive AGREEMENT NO. A7182 BLDG. PLAN CHK. NO. ENGINEERING FILE No. E-4166 DATE TRANSMITTED. 1/28/19 ❑ GRADING ❑ SITE ❑ STORM DRAIN ❑ SEWER ❑ FINAL MAP ❑ WATER OTHER ❑ STREET ❑ LOT LINE ADJUSTMENT ❑ MERGER DIVISION ❑ RAN ❑TRAFFIC ❑PLANNING DATE ❑ FIELD ENGINEERING ❑ BUILDING BY R1 OTHER (CITY CLERK) COMMENTS: TITLE REVIEWED BY: ❑ APPROVED ❑ NOT APPROVED (SEE COMMENTS) Attached you will find an original Letter of Credit (Bond) required as part of the Performance Agreement executed by the developer and recorded on 8/10/17 as Instrument #2017-0329359, also known as Agreement Number #A7182. The attached letter of credit to be held as security and only released by the City Engineer upon completion of the project. If you have any questions please let me know. Rick Minjares