HomeMy WebLinkAboutA8976 - PINNACLE VIEW LLC2021-0639336
10/28/2021 12:59 PM Fee: $ 0.00
RECORDING REQUESTED BY Page I of 8
AND WHEN RECORDED MAIL TO: Recorded in Official Records
County of Riverside
Peter Aldana
City Clerk
Assessor -County Clerk -Recorder
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City of Palm Springs � Qi
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Space Above This Line For Recorder's Use Only
PERFORMANCE AGREEMENT
ESA-SP Zone
This Performance Agreement ("Agreement") is entered into this .)� day of
by and between Pinnacle View LLC, as amended ("Owner") and the
Cit§ of Palm Springs, a California charter city ("City").
RECITALS
A. Owner is the fee title owner of that certain real property located at 2275 Vista
Distancia Court, 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 May 12, 2021, 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
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 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 Security Instrument will remain in place until released in accordance with the
conditions set forth in this Section. In the event that the Security Instrument expires by its terms
prior to the satisfaction of the release conditions, then Owner will provide a renewal of the Security
Instrument prior to the expiration date. If the City has not received a renewal of the Security
Instrument at least ten (10) days prior to the expiration date, then the City will have the right to
draw on the entire amount of the Security Instrument and to retain such funds as security until the
release conditions have been satisfied. The City will release the Security Instrument upon Owner's
written request, provided that either the Project has been completed, or if a default has occurred,
that the re -naturalization of the Property has been completed pursuant to the requirements of
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.
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1174787.1
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. 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.
11. Draft Terms and Conditions. All drafts will contain the following statement: "The
undersigned, an authorized officer of the City of Palm Springs ("City"), hereby certifies that the
Borrower has failed to perform its contractual obligations with City and requests a draw in the
amount of $50,000.00." Other than the copy of this Letter of Credit and any Permitted Transferee
documentation, no additional documentation or verification is required to be provided with the
draft and all drafts are payable to the City on demand.
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1174787.1
IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement
as of the Effective Date.
Pinnacle View L C
By: ►M+A�
Name:
Name:
[Signature of Owner(s) must be
properly acknowledged and
notarized]
ACCEPTED BY:
City of Palm Springs, a California charter city
By: - A $1-16
Justin lifton
City Manager
APPROVED AS TO FORM:
By: n e��v
Jeff B' Ilin er
City of Palm Springs / City Attorney
Other:
Signer Is Representing:
1174787.1
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ACKNOWLEDGMENT
STATE OF OREGON
COUNTY OF MULTNOMAH
Before me, a Notary Public in and for said County and State, personally appeared
Ed Freeman, who acknowledged that he did sign the foregoing instrument in his authorized
capacity and that the same is his free act and deed.
In Testimony Whereof I have hereunto set my hand and official seal, at Portland Oregon, this
29th day of September, 2021.
6� � eskl 3A1E�' � Iz
Signature of Notary Public
My commission expires on: 3
OFFICIAL STAMP
BONNIE ESTOK
NOTARY PUBLIC - OREGON
COMMISSION NO.989731
MY COMMISSION EXPIRES JULY 24, 2023
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On OMW Yd , 2001, before me, MONIQUE M. LOMELI, CMC,
CHIEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally
appeared JUSTIN CLIFTON, 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
day of �fJ�'D2 ^ , 20,.
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Signature: (AA
Monique M. L eli, CMC
Chief Deputy City Clerk
City of Palm Springs, California
EXHIBIT "A"
Legal Description of Property
LOT 97 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.
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1174787.1
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CITY OF PALM SPRINGS
OFFICE OF THE C/TY 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
PERFORMANCE AGREEMENT
ESA-SP ZONE
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
APN: 504-400-038
Dated: September 29, 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 28th day of October,
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 28th day of October 2021.
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NWHONY MEJIA MC
CITY CLER ,