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HomeMy WebLinkAbout1VCITY COUNCIL STAFF REPORT DATE: JANUARY 14, 2021 CONSENT AGENDA SUBJECT: REQUEST BY ALYSSA AND JESSE SINGER, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 271 EAST TWIN PALMS DRIVE (APN 511-070-019), A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (HSPB 73 / HD-2). 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 Alyssa and Jesse Singer, and the Royal Hawaiian Estates Homeowners Association. The intent of this contract is to require maintenance and preservation of 271 East Twin Palms Drive, a contributing structure in the Royal Hawaiian Estates 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, Alyssa and Jesse Singer, and the Royal Hawaiian Estates Homeowners Association, for 271 East Twin Palms Drive. 2. Authorize the City Manager to execute the Agreement; and 3. Direct the City Clerk to record the Agreement. STAFF ANALYSIS: On February 3 , 2010, the City Council designated the Royal Hawaiian Estates condominiums a Historic District (HSPB 73 / HD-2) via Resolution 22657. The Council identified all the buildings as contributing resources in the historic district. The dwelling at 271 East Twin Palms Drive is a contributing structure in the Royal Hawaiian Estates Historic District. Pursuant with California Government Code Section 50280 -50290, upon the 2City Council Staff Report January 14, 2021 -Page 2 of 3 Mills Act -271 E Twin Palms Drive 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 271 E Twin Palms Drive meets this definition because it is listed as a contributing structure within the Royal Hawaiian Estates Historic District in the City of Palm Springs register of Historic Sites and Districts as site HSPB #73 / Historic District HD-2. BELOW PHOTO OF THE SUBJECT SITE. " At Royal Hawaiian Estates 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. 3City Council Staff Report January 14, 2021 -Page 3 of 3 Mills Act -271 E Twin Palms Drive 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: (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. i \: .. =t ~ hnn Fagg, AICP (; Development Services Director ,. David H. Ready, Esq., P City Manager Attachments: • Vicinity Map. • Council Resolution #22657. • Owner letter dated November 20, 2020. Marcus Fuller, P.E., M.P.A., P.L.S. Assistant City Manager/City Engineer • Homeowners Association letter of support dated January 22, 2020. • Historic Property Preservation Agreement. • Public Disclosure Form. 40: C z ~ z <( u :E ~ f en Department of Planning Services Vicinity Map ca Legend c::J 500 ft buffer ~Site ,/ ----~--_..,...,. ... TWIN-PALMS DR E?c§ ~ E?c§ E? CITY OF PALM SPRINGS 271 East Twin Palms Drive 5RESOLUTION NO. 22657 A RESOLUTION OF THE CllY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED AT 1774 S. PALM CANYON DRIVE AS A HISTORIC DISTRICT. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the establishment of historic districts; and WHEREAS, on August 25, 20091 the representative of the Royal Hawaiian Estates Condominium Homeowners Association, Bill Lewallen, filed an application requesting a historic district be established for the condominium development; and WHEREAS, notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the subject property as a Class 1 historic site was issued in accordance with applicable law; and WHEREAS, on November 10, 2009, Board voted 5 to 2 (Grattan and Strahl opposed) to recommend that the City Council establish a historic district for the condominium development; and WHEREAS! on February 3, 2010, the City Council conducted a public hearing, following notification in the manner prescribed by law, at which hearing the Council received a staff report, associated exhibits and historical research1 and written and oral testimony; and WHEREAS, the City Council has reviewed and considered all of the evidence in connection with the proposed district, including but not limited to the staff report, application and historical research, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the proposed historic district is Categorically Exempt from environmental review, in accordance with Section 15331 (Historical Resources Restoration/Rehabilitation) of the California Environmental Quality Act (CEQA), as the proposed historic district meets the conditions outlined for prese1Vation of a historic resource. SECTION 2. That the proposed Royal Hawaiian Estates Condominium Historic District conforms to the definition of a historic district, as contained in Section 8.05.020.b of the Palm Springs Municipal Code, because the proposed district meets the following findings of Section 8.05.020.a: 6Resolution No. 22657 Page2 1. The properties reflect and exemplify a particular period of the national, state or local history, because the Royal Hawaiian Estates' unique architectural detailing is an excellent example of its type, period, and method of construction. The complex completed in two phases in 1961 and 1962, as designed by architects Wexler and Harrison reflects one of the Desert Modern styles, as applied to multi-family development in Palm Springs in the early 1960's. The architects, successful and unique interpretation of Polynesian architectural forms in an International Style, along with their use of bold color and geometric shapes and forms adds to the importance of these buildings. Defining historic characteristics of the buildings include: a. Exaggerated gables over the ends of the buildings. b. Projecting slanted ridge beams. c. Elaborately detailed wooden Tiki-Style elements. d. Triangular clerestory windows and vaulted ceilings. e. Large stylized "Outrigger'\ "Flying Sevens". f. Orange painted cement plaster triangle as part of 11outriggers". g. Wood diagonal siding. h. Natural rock building walls. i. Concrete block screen at pool painted orange. J. Tiki-Style statues and stone carvings. 2. The properties embody the distinctive characteristics of a type, period or method of construction, because the Royal Hawaiian Estates condominium complex was built over a two year period and remains largely intact: All twelve buildings and the surrounding site retain the look of their original design and construction. The Desert Polynesia time period which took root in the early sixties was one of several modern design themes that advanced the idea of indoor/ outdoor living possibilities in Palm Springs. The Desert Polynesian style was short-lived, but resulted in the unique architectural elements of the Royal Hawaiian Estates. 3. The properties present the work of a master builder, designer, artist. or architect whose individual genius influenced his age; or that possesses high artistic value, because the Royal Hawaiian Estates present the work of one of Palm Springs' (and the Coachella Valley's) most prolific and accomplished archltectural team of Donald Wexler and Rick Harrison. Wexler and Harrison's skills as architects in the early 1960's are clearly reflected in the condominium development which Is a good example of contemporary Polynesian-influenced design concepts. The complex is one of the few remaining Tiki-Style buildings in Palm Springs and is of importance as an example of this architectural style as designed by a master architect and builder. SECTION 4. That the Royal Hawaiian Estates Condominium, including twelve multi-unit residential buildings and all associated landscaping and grounds are hereby established as the Royal Hawaiian Estates Historic District, subject to the following conditions: 7Resolution No. 22657 Page3 1. The property owner shall permit the City to place at 177 4 S. Palm Canyon Drive a historic marker of the City's choosing. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property. 2. That the City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution. 3. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be deemed acceptable. SECTION 5. That all structures and site landscaping of the Royal Hawaiian Estates Condominiums site are hereby designated "contributing structures., of the Royal Hawaiian Estates Historic District, and are therefore subject to the following conditions. 4. All future modifications to all contributing structures and site features, including but not limited to building, landscaping, lighting, walls, and fences shall require Architectural Approval pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance and HSPB review pursuant Municipal Code Ordinance 8.05.180. 5. No permit shall be issued for the alteration of the landscaping or building exterior, including any and all of the defining elements and characteristics without prior approval by the Historic Site Preservation Board. ADOPTED THIS 3RD DAY OF FEBRUARY, 2010. ATTEST: 8Resolution No. 22657 Page4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22657 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 3rd day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember Foat, Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet. Councilmember Mills. None. None. mes Thompson, City Clerk 6c!) lo 2, I z,,:/1-~ ity of Palm Springs, California "/" 1 ' : , 9Mr. Ken Lyon City of Palm Springs, Department of Planning 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Lyon, Alyssa and Jesse Singer 271 E. Twin Palms Dr. Palm Springs, CA 92264 November 4, 2020 We are the owners of271 E. Twin Palms Drive (assessor parcel# 511-070-019), located at the Royal Hawaiian Estates Historic District. RHE became a Class 1 Historic Site on February 3, 2010. We are writing today to apply for the Mills Act agreement between ourselves and the city. Through the Mills Act incentives, we plan to thoughtfully restore and maintain many elements of the original 1961 Donald Wexler and Richard Harrison Polynesian / tiki-modern design. In addition to this letter, we are submitting a copy of our grant deed and several photos of the exterior of our home. We would like to pay the $1,192 application fee to the city via credit card. We can be reached at (310) 749-5211 or via email at iessesinger@icloud.com if you require additional information or have any questions for us. Thank you for all your help in this process. Best, Alyssa Singer Jesse Singer 10City of Palm Springs Planning Department Services November 3, 2020 Dear HSPB Board and Palm Springs Planning Department, Please accept this formal letter of intent and agreement for the Royal Hawaiian Estates Homeowners Association to be a signing participant of the Mills Act Contract Agreement with joint owners Jesse Singer and Alyssa Singer of 271 East Twin Palms Drive Palm Springs, CA 92264. Unit 271 is one of 40 units in the Royal Hawaiian Estates - a Class 1 Historic District recognized by the City in February 2010. Its new owner has expressed a desire to invest further in items in need of restoration and repair in accordance with the original design intent of Architects Donald Wexler and Richard Harrison. ~cerely, y Kerry F r ~ ~ Vice-Pre ident Royal Hawaiian Estates Homeowners Association 11FREE 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 14th day of January, 2021 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Jesse and Alyssa Singer ("Owners") and Royal Hawaiian Estates ("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 271 East Twin Palms Drive 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 February 3, 2010 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 22657 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. 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 January 14, 2021 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the 12Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement. 2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date ( or from the Effective Date if no Renewal Date has yet occurred). 3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions: 4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit 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 and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the 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 "C.11 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 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 13for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines. 4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way. 5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager's designee (the "City Manager") shall inspect the interior and exterior of the premises to determine the Owner's compliance with the terms and provisions of this Agreement. 6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 7. Breach of Agreement; Remedies. 7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement. Upon the City Manager's declaration of the Owner's and/or HOA's breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. 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 14of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and HOA's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set 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: Owners: HOA: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Jesse and Alyssa Singer 271 East Twin Palms Drive Palm Springs, CA 92264 Kerry Farmer Board Vice-President Royal Hawaiian Estates Box 26054 Los Angeles, CA 90026 1513. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall 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 16this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement. SIGNATURES ON FOLLOWING PAGE 17IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. Dated: ----------APPROVED AS TO FORM: City Attorney: Edward Kotkin Dated: -----------Dated: -----------Dated: __________ _ CITY OF PALM SPRINGS, a Charter City and Municipal Corporation By: ____________ _ City Manager: David H. Ready ATTEST: City Clerk: Anthony Mejia, MMC By: ___________ _ Owner: Jesse Singer By: ____________ _ Owner: Alyssa Singer By: ___________ _ HOA: Kerry Farmer Board Vice-President Royal Hawaiian Estates HOA 18CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ _ On ___________ before me, _________________________ _ Date Here Insert Name and Title of the Officer Personally appeared-----------------------------------Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature{s) on the instrument the person{s), or the entity upon behalf of which the person{s) acted, executed the instrument. Place Notary Seal Above 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 official seal. Signature _________________ _ Signature of Notary Public_ --------------------OPTIONAL-------------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document _______________ Document Date __________ _ Number of Pages _________ Signer{s) Other Than Named Above _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ Signer's Name _______________ _ • Corporate Officer-Title{s) ________ _ D Partner D Limited D General • Corporate Officer-Title{s) _________ _ • Partner D Limited • General • Individual D Attorney in Fact • Individual D Attorney in Fact [J Trustee D Guardian or Conservator D Trustee D Guardian or Conservator Dother ____________ _ Dother ------------------Signer Is Representing ___________ _ Signer Is Representing ____________ _ ~Mi"lS'.M·~ ©2014Nationa1Notary Association • www.NationalNotary.org • 1-800-USNOTARY (1-800-876-6827) ltem#5907 19EXHIBIT A LEGAL DESCRIPTION Assessor Parcel Number 511-070-019; 271 East Twin Palms Drive. All that certain real property situated in the County of Riverside, State of California, described as follows: Parcel 39 and an undivided 1140th interest in and to Parcel 41, in the City of Palm Springs, County of Riverside, as per record of survey filed in Book 32, page(s) 69, of Record of Survey, in the office of the County Recorder of said county. (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) 9 20EXHIBIT B MAINTENANCE STANDARDS (Section 4.1) All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement ("Agreement") shall be maintained in good condition throughout the term of this agreement. All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee. All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character-defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer). 10 21EXHIBIT 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) 11 22EXHIBIT D SPECIFIC PROJECTS (Section 4.3) (none) 12 23Pt!JBLIC INTEGRITY DISCllOSURE APPllCANT DISGt.OSURE F;ORM 3. ~ocal er G lif&rQia Address (if different than #2) ~ ;vq_) 4. State '!!!ere-Entity is Registered with Secretary of State ~-1/A -~r than California, is the Ent· also re lslered in Callfomia? Yes No 5. Type of Entity < /'lh D Corporation O limited Dab11i Company D Partnership D Trust D Other (please specify) Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: H any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ___;,:,~-----,------------D Officer D Director E] Member O Manager (naffl!!] D General Partner O Limited Partner O0ther ______ ~::-,,--=--------~:.-..,,.-,.,~--=---=--~-:::-----•Officer D Director [] Member O Manager (name] 0 General Partner O Limited Partner 0 other _ _..:;;,~::..-...-~____:;~-=-----___ _,:_ ________ -:-::-----D Officer O Director D Member O Manager (name] D General Partner D Limited Partner •other ___________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 24..L... Owners/Investors with a 5% beneficial interest in the A licant Enti or a related enti EXAMPLE JANEOOE 50%, ABC COMPANY, Inc. (name of owner/investor] A. _Je5Se [name of owner/investor] (name of owner/investor] C. (name of owner/investor] 0. (name of owner/investor] E. (name of owner/investor] (percentage of beneficial interest in entity and name of en · (percentage of beneficial interest in entity and name of en (percentage of beneficial interest in entity and name of en • (percentage of beneficial interest in entity and name of en (percentage of beneficial interest in entity and name of en (percentage of beneficial interest in entity and name of en I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THA'J THE FOREGOING IS TRUE AND CORRECT. Signa!__.~rf!_o · · ~.· ~arty, Printed Name, Title --5/4 )ess Si y( Date \~A /4 u -"·· PENALTIES Falsification of infonnation or failure to report infonnation required to be reported _ _ may subject you to administrative action by the City. CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM ~. ~ -