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HomeMy WebLinkAboutA7260 - PINNACLE VIEW, LLCRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 2019-0095102 03/21/2019 11:17 OH Fee: $ 0.00 Page 1 of 6 Recorded in Official Records County of Riverside Peter Pldana Ossessor-County Clerk-Recorder IIIIBHIWmi 22/ space Above This Line For Recorder's Use Only PERFORMANCE AGREEMENT ESA-SP Zone a1>day ofThis Performance Agreement ("Agreement") is entered into this 2019 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 2465 Winter Sun Drive (APN#504-390-024) 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 June 13, 2018, 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 PaJm 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, Ae 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 1. 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 ei^ty (180) days, events of force majeure excepted. Erosion and storm water quality measures shall be kept in working order at all times. 1174787.1 3. Force Maieure. 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 tbiily (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. Securitv to Guarantee Performance. Prior to the issuance of any permit for grading or construction of any improvement on the Property, Owner shall fiimish 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 Fiftv 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. Binding Effect. 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. 9. Citv 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 1174787.1 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 ACCEPTED BY: [Signature of Owner(s) must be properly acknowledged and notarized] City of Palm Springs, a California charter David H. Ready City Manager APPROVED AS TO FORM: BvNP.xh:: Edwopd g. Kotldn n City Attomey C^s^XhajU 1174787. ALL-PURPOSE ACKNOWLEDGMENT 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. ©vapv State of Galifuim^ County of YY\l.\A'VYV.r)YVV (Ife \k , OnTf'.yy\L(\.\A^ ^ 1 *2-01^ before me. ite personally appeared mm mma.MnWvA Pobl'i Here Insert Name and Title oTfhe Office iLl Officer 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. 1 certify under PENALTY OF PERJURY under the laws of the State of Galifoi^a that the foregoing paragraph is true and correct. L/YCi|pV^ WITNESS my hand and official seal. OFFICIAL SEAL TRACIE MASSEY NOTARY PUBLIC - OREGON COMMISSION NO. 948387 MY COMMISSION EXPIRES MARCH 10.2020 Signature _ Signature of Notary Puolic PiscB Notsfy sesi At)0V6 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) l^gner's Name: Do ggner's Nam cument Date: □ Corporate Officer — Tit^s): □ □ □ Partner — Lirfiilted General □ Individual Attomev in Fact Trustee Other: Guardian or Conservator e: □ Corporate Qpcer — Titlgjs): □ □ Partner — □ Individual Trustee Other: □ LinSed General Attorney in Fact Guardian or Conservator 1 174787.1 ACKNOWLEDGMENT OF INSTRUMENT (Gal. Civil Code Section 1181) 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 Riverside ) City of Palm Springs ) ss. On L(art-u 7a 20J3., before me, ANTHONY J. MEJIA, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the agreement. 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 2joW day of ^ , 20_15. Signature: ANTHONY J. MEJIA, MMC CITY CLERK, CITY OF PALM SPRINGS ^0»AttY Title or Type of Document Performance Agreement ESA-SP Zone EXHIBIT "A" Legal Description of Property Lot 24 of Tact Map 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. 1174787.1