HomeMy WebLinkAbout1RCITY COUNCIL STAFF REPORT
DATE: JANUARY 14, 2021 CONSENT AGENDA
SUBJECT: REQUEST BY JOHN FUDYMA AND SARAH FALLON, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY UNIT #5
(APN 502-085-005), A CONTRIBUTING STRUCTURE IN THE DESERT
HOLLY HISTORIC DISTRICT (HSPB 117 / HD-7).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY
This is a request for the City of Palm Springs to enter into a standard Mills Act
Agreement with John Fudyma and Sarah Fallon, and the Desert Holly Homeowners
Association. The intent of this contract is to require maintenance and preservation of
2244 East Tahquitz Canyon Way Unit #5, a contributing structure in the Desert Holly
Historic District in exchange for possible property tax relief as determined by Riverside
County.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the
City of Palm Springs, John Fudyma and Sarah Fallon, and the Desert Holly
Homeowners Association, for 2244 East Tahquitz Canyon Way Unit #5.
2. Authorize the City Manager to execute the Agreement; and
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On January 9, 2020, the City Council designated the Desert Holly condominiums a
Historic District (HSPB 117 / HD-7) via Resolution 24697. The Council identified
Buildings 1 through 8 as contributing resources in the historic district. The dwelling at
2244 East Tahquitz Canyon Way Unit #5 is located in Building 4 and thus is a
contributing structure within the historic district.
Pursuant with California Government Code Section 50280 -50290, upon the
ITi;t-Jt No. _J_._R __
2City Council Staff Report January 14, 2021 -Page 2 of 3 Mills Act-2244 East Tahquitz Canyon Way #5 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. The dwelling at 2244 East Tahquitz Canyon Way #5 meets this definition because it is a part of Building 4 which is listed as a contributing structure within the Desert Holly Historic District in the City of Palm Springs register of Historic Sites and Districts as site HSPB #117 / Historic District HD-7. BELOW PHOTOS OF THE SUBJECT SITE. At Desert Holly 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 Desert Holly 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:
3City Council Staff Report January 14, 2021 -Page 3 of 3 Mills Act-2244 East Tahquitz Canyon Way #5 (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. ~ Marcus Fuller, P.E., M.P.A., P.L.S. Assistant City Manager/City Engineer Attachments: • Vicinity Map. • Council Resolution #24697. • Owner letter dated August 28, 2020. • Homeowners Association letter of support dated June 30, 2020. • Historic Property Preservation Agreement. • Public Integrity Disclosure Form.
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5RESOLUTION NO. 24697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 1THE DESERT HOLLY CONDOMINIUMS" LOCATED AT 2244 EAST TAHQUITZ CANYON WAY AS A HISTORIC DISTRICT SUBJECT TO CONDITIONS. THE PALM SPRINGS CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts. B. On March 14, 2019, the Desert Holly Homeowners Association filed an application with the City pursuant to Article Ill, Section 8.05.090 (Procedure and Criteria for Designation of Historic Districts) of the Palm Springs Municipal Code requesting historic district designation for Desert Holly Condominiums located at 2244 East Tahquitz Canyon Way. The application included a historic resources report ("the report") prepared by the Palm Springs Preservation Foundation, dated March, 2019. C. In September, 2019, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic resource, accompanied by City staff. D. On October 8, 2019, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #117 was held in accordance with applicable law. E. The HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented and voted 4-0-3 (Hough, La Voie, Rosenow absent) to recommend that the City Council designate the Desert Holly Condominium complex at 2244 East Tahquitz Way as a historic district. F. On January 9, 2020 a noticed public hearing of the Palm Springs City Council was held in accordance with applicable law. At said hearing the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1: FINDINGS -PART 111111 CRITERIA FOR HISTORIC DISTRICTS. Pursuant to Municipal Code Section 8.05.090 (C), the City Council shall evaluate the application and make findings in conformance with the following criteria:
6Resolution No. 24697 Page2 FINDINGS PART 1 -The proposed district exhibits exceptional historic significance and meets one or more of the criteria listed below: The eight buildings that comprise the proposed Desert Holly Historic District collectively exhibit exceptional historic significance as a modest-scaled multi-family development typology that became popular in Palm Springs from the 1950's through the 1970's. The City Council collectively evaluated the eight buildings as follows: (Criterion 1) Is associated with events that have made a meaningful contribution to the nation, state or community; The report does not identify any significant events associated with the proposed Desert Holly Historic District. It does not qualify as a historic district under Criterion 1. (Criterion 2) Is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report did not identify any persons associated with the buildings that comprise the proposed Desert Holly Historic District and thus it does not qualify as a historic district under Criterion 2. (Criterion 3) Reflects or exemplifies a particular period of national, state or local history; The proposed Desert Holly Historic District exemplifies the post WWII Modem period in the development of Palm Springs (1945 -1969) because it is a significant example of a multi-family residential development type built in response to the growing population that included second home buyers and retirees seeking a "no maintenance" type of dwelling. It also is reflective of the period in Palm Springs in which Modern architecture was very popular for many building types, from residential to commercial and institutional. The eight buildings exemplify an architectural style for which the City has become internationally recognized. The proposed Desert Holly Historic District qualifies under Criterion 3. (Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; The report asserts that the proposed Desert Holly historic district is comprised of several buildings that collectively represent the small multi-family development type that was popular among both second home buyers and retirees seeking a simpler more easy-to-maintain dwelling type. The quality of construction of the buildings within the proposed district is of high quality -reflective of the type of construction found in more expensive custom-built homes. The report asserts the buildings in the proposed district are of 11post and beam" construction; however extensive use of concrete block bearing wall construction and what
7Resolution No. 24697 Page3 appears to be conventional "stick built" wood frame and stucco appears to be more the case. Regardless, the eight buildings do reflect the type of construction common during the post-World War II period and reflect a level of quality and craftsmanship more often found in custom-built home construction. As such the district qualifies under Criterion 4. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; The buildings and the site plan of the proposed Desert Holly historic district possesses high artistic value in the form, plan, and overall site development. A unique collection of buildings in terms of the angular geometry and sublime detailing, the proposed Desert Holly historic district qualifies under Criterion 5. (Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or The eight buildings within the proposed Desert Holly historic district collectively are similar, but unique in their character (i.e. plan and development) and are significant in terms of the period of local history that they exemplify. The common open areas, parking, and landscape are somewhat lacking in distinction. Some of the components in the common areas, such as the 9-hole golf putting course and shuffleboard court that have been removed. The restoration/ reconstruction of these features would strengthen the historic integrity of the common areas, however the proposed district as a whole can be deemed significant and noteworthy despite the loss of these site features. Thus the proposed district also qualifies under Criterion 6. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory. No information has been provided in the historic resources report on any pre-historic significance of the site. SECTION 2: FINDINGS PART 2: COMPOSITION OF THE PROPOSED DISTRICT -CONTRIBUTING AND NON-CONTRIBUTING SITES The HSPB reviewed the proposed historic district for conformance with the findings in Part 2 of Zoning Code Section 8.05.190 (C) and made the following findings: FINDINGS PART 2 -The proposed district: (a) Contains contributing resources on a majority of the sites within the proposed district which individually meet the criteria and findings outlined in Part 1 above, (b)
8Resolution No. 24697 Page4 Includes non-contributing properties or vacant parcels only to the extent necessary to establish appropriate, logical, or convenient boundaries. a. The evaluation of buildings that individually meet the criteria and findings for contributing resources include Buildings 1 through 8. This represents all the buildings in the proposed historic district. The boundaries of the Desert Holly historic district are proposed as follows: East Tahquitz Canyon Way on the south, North Sunset Way on the east, a property line 180 feet north of the property line along East Tahquitz Canyon Way, and a property line 218.37 feet west of the property line along North Sunset Way. b. The evaluation of buildings and features that are non-contributing resources are as follows: 1. The parking areas. 2. The common area landscape. SECTION 3: DEFINING HISTORIC CHARACTERISTICS In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to any of the historic resources in the proposed historic district. The eight buildings in the proposed Desert Holly historic district share design characteristics. They were all constructed at the same time with the same materials and details. Therefore the physical character defining historic features that are listed below apply to all eight buildings.1 1. Exposed 8" x 8" x 16" concrete masonry units with contrasting grout color. 2. The projecting roof eaves and the 30-degree tilted fascia boards. 3. Wood slab front doors with octagonal decorative elements 4. The round fireplace chimney flues and "pancake" spark arresters. 5. The mature saguaro cacti puncturing the roof plane of unit Building #2. 6. The original block letter sign on painted pegboard on Building #2. (The sign should be repainted to match the original paint scheme of light colored letters on a black or dark grey background. 7. The acute angles of the structures in plan (non-right angle). 8. The tapered beams at the eave overhangs. 9. The original front door wall sconce light fixtures (mostly in storage at this time). 1 Note that there is no mention 'in the report as to what were the origin~ colors of the Desert Holly; currently it is painted with creme white walls and dark grey I black fascias.
9Resolution No. 24697 Page5 10. The shape of the swimming pool.2 The non-contributing features include the following: 1. The swimming pool (changed by bldg. permit B35271). 2. The aluminum patio covers on units 4, 9, 101 and 11. 3. The parking areas. 4. The common area landscape. 5. The screen doors. SECTION 4: ENVIRONMENTAL ASSESSMENT The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly. SECTION 5: CONDITIONS THAT APPLY TO CLASS 1 HISTORIC DISTRICTS. According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource: 1. An archival fire shall be maintained on the property by the City. 2. It may be qualified as 'historic' at the federal, state, and/or county level. 3. The structures/sites within the proposed historic district may not be modified without following the procedures outlined in Municipal Code Section 8.05.120 11 Demolition, Alteration or New Construction within a Historic District -Certificate of Appropriateness11• 4. A marker explaining the historic nature of the district may be installed at the perimeter of the proposed district in a location viewable from the public way. 5. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required. 6. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution. The recordation shall apply to those assessor parcel numbers for the fourteen dwelling units located within the eight contributing buildings. Based upon the foregoing, the City Council hereby designates the Desert Hotly Condominiums as a historic district (HSPB #117 / HD-7). 2 The shape of the pool is noted as a contributing design characteristic, however the pool itself has been upgraded and modified. Future infrastructure improvements at the pool should be allowed as long as the shape of the pool is retained.
10Resolution No. 24697 Page6 ADOPTED THIS 9TH DAY OF JANUARY, 2020. ATTEST: a~~ City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24697 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 9th day of January, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this Uh day of Iii~ . :ZOU
11..1.1;. .... ~ ......... • u:::iu S3Jl/\83S 0NINNVld August 28, 2020 Mr. Flinn Fagg, AICP Department of Planning Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262] Dear Mr. Fagg, OlOl 1 !-! 9 ffv' 03/\13~3~ MrJ 5o2• ll65--ot>5 We are the owners of 2244 E. Tahquitz Canyon Way #5 in Palm Springs, which is located in the Desert Holly Historic District. Desert Holly received its historic status on January 9, 2020. We are writing today to apply for the Mills Act Abatement Program. Enclosed is our check for the application fee of $1192.00 Through the Mills Act economic incentives, we look forward to performing ongoing maintenance, restoration and preservation of Desert Holly in Sunrise Park. Per guidance by Ken Lyon, we have enclosed a letter of intent from the HOA's president, Dave Eck. Because the HOA and the homeowners are jointly responsible for the maintenance of the units and the complex, it is the HOA's intent to be party to the Mills Act contract. If you have any questions or need additional information please contact us via email at smfirf@gmail.com or by phone at 716-308-4333. Thank you for your assistance in this process. Best regards,
12June 30, 2020 Mr. Flinn Fagg, AICP Department of Planning Services City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Fagg: I am the current HOA President of the Desert Holly. Desert Holly is a 14-unit midcentury condominium complex that was constructed by master builder and developer William J. O'Brien, Jr. in 1957. Desert Holly received its historic district status on January 9, 2020. The HOA of Desert Holly is in agreement with the Historic District Designation for the application of the Mills Act. The HOA is willing to be a party to the agreement as long as the homeowners, along with the HOA are responsible for the maintenance and upkeep of the property. This letter accompanies the enclosed Mills Act application to serve as the Desert Holly HOA's intent to be a party to the applicant's Mills Act contract. Thank you for your help with the Mills Act process. If you have any questions, you can email me at dave.eckp1@gmail.com or call me at 714-906-3937. Regards, Dave Eck Desert Holly HOA President 2244 E. Tahquitz Canyon Way #7, Palm Springs, CA92262
13FREE 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 (11Agreement11) is made this 14th day of January. 2021 by and between the City of Palm Springs, a charter city and municipal corporation (11City11) and John Fudyma and Sarah Fallon (11Owners11) and the Desert Holly 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 Owners possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 2244 East Tahguitz Canyon Way Unit 5, Palm Springs, California (11Historic 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 January 9, 2020 (the 11Approval Date11), the City Council of the City of Palm Springs (11Council11) approved Resolution 24697 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 and the Owners 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. 1
14AGREEMENT NOW, THEREFORE, the City and the Owner, 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 January 14, 2021 ("Effective Date11) 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 (11Notice of Nonrenewal11). 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 shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit 11811, 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 shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner 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
1542 The Owner 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 shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C.11 43 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit 11D11 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 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 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 breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner'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 to be in breach of this Agreement. Upon the City Manager's declaration of the Owner's breach, the City Manager may pursue any 3
16remedy available under local, state, or federal law, including those specifically provided for in this section. 72 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 breached any of the conditions of the Agreement, the Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner 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. 73 As an alternative to cancellation of this Agreement for the Owner'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. a 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 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 hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner 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 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 4
17thereof, 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 and the Owner 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, and the Owner. 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): John Fudyma and Sarah Fallon 2244 East Tahquitz Canyon Way #5 Palm Springs, CA 92262 HOA: Dave Eck, HOA President Desert Holly Homeowners Association 2244 East Tahquitz Canyon Way #7 Palm Springs, CA 92262 13. Effect of Agreement. None of the terms, prov1s1ons, 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 shall defend, indemnify, and hold harmless the City and 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 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. its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to 5
18property 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 any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or 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. al. 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. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner 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 is the economic advantage that will accrue to the Owner as a result of the 6
19possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement. SIGNATURES ON FOLLOWING PAGE 7
20IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, A Charter City and Municipal Corporation Dated: ----------By: _____________ City Manager: [ APPROVED AS TO FORM: ATTEST: City Attorney: Jeff Ballinger City Clerk: Anthony Mejia MMC Dated: -----------By: ____________ _ (Owner): John Fudyma Dated: -----------By: ___________ _ (Owner): Sarah Fallon Dated: -----------By: ___________ _ (HOA President): Dave Eck The Desert Holly Homeowners Association 8
21EXHIBIT A LEGAL DESCRIPTION All that certain real property in the County of Riverside, State of California, described as follows: Parcel 1: Unit No. 5, consisting of certain air space and elements, as shown and described in the condominium plan ("Plan") for Desert Holly Homeowners Association, which plan was recorded on August 11, 1998 as Instrument No. 335584, of official records of said county. Parcel 2: An undivided 1114th fee simple interest as a Tenant in Common in Parcel 3 of Record of Survey, in The City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 26, Page 82 of Records of Surveys, in the office of the County Recorder of said County (The "Common Area"); Excepting therefrom Units 1-4, inclusive, 6-12, inclusive and 14 and 15, as shown and defined upon the condominium plan recorded August 11, 1998, as Instrument No. 335584, of Official Records. Parcel 3: Non-exclusive rights appurtenant to Parcel 1 for access, ingress, egress, encroachment, maintenance, repair, drainage, support, and for other purposes, all as described in the Declaration of Covenants, Conditions and Restrictions recorded on September 16, 1998 as Instrument No. 393813, of official records. Parcel 4: An exclusive right for a patio appurtenant and adjacent to Parcel 1, which patio is shown as "P4" on the Condominium Plan, for use as may be permitted in the declaration. Parcel 5: An exclusive right appurtenant to Parcel 1 for a parking space, which is shown as "A4" on the Condominium Plan, for parking of one (10 motor vehicle and such other purposes as may be permitted by the declaration. Parcel 6: An exclusive right appurtenant to Parcel 1 for a storage area, which is shown as "S6" on the Condominium Plan for use as may be permitted by the declaration. APN: 505-085-005-7 9
22EXHIBIT 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). 10
23EXHIBITC 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) 11
24EXHIBITD SPECIFIC PROJECTS (Section 4.3) (None) 12
251. 2. a. Name of Entity PUBLIC INTEGRITY DISCLOSURE APeLICANT DISCLOSURE F'ORM Address of E~ (Prlnclple Place ~B1;1sl~s) , , 1 t\ n+ c---22 '-/ L./ t=., tah~1-,2t Othyl'511 waLt , 'r · • ~ Rt IW" 8 ~ ,' Yl . I~ ) CA C:, 1-2-IP2-.:. I _ 4. State where Entity Is Registered with Secretary of State CA, I tfort'\ i °'-"other than California, is the Enti 6. Type of Entity D Corporation D Limited Uablllly Company D Partnership OTrus~r (please specify) No 6. Officers, Directors, Members, Manag·ers, Trustees, Other Fiduciaries (please specify) Note: If any response Is not a natural person, please Identify all omcers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ______________ []Officer D Director D Member D Manager [name] D General Partner O Limited Partner ;(Other 1J12~ ______________ •Officer O Director D Member D Manager [name] D General Partner O Limited Partner •Other _________ _ [name] (Revised 05/16/19)
267 • Owners/Investors with a 6% beneficial Interest n the A EXAMPLE JANEDOE 60'¼, ABC COMPANY, Inc. [name of ownerllnvealor] [name of owner/Investor] [percentage of beneflcla1 Interest In entity and name of entl [percentage of beneficial Interest In entity and name of en B. John f2. Fu~rw:t {name of owner/Investor) -i:-[p-erc-en~ta_g_e-of'!"'!"b-en_efi_cl-al-ln_te_re_s_tl_n_en_tl_ty __ C. (name of owner/Investor] 0. (name of owner/Investor) E. and name of entl [percentage of beneficial Interest In entity and name of entl [percentage of beneficial Interest In entity and name of enti (percentage of beneficial Interest In entity and name of entl I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Painted Name Tltte Date 12./ 11 2D PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page2of2