Loading...
HomeMy WebLinkAboutA9028 - KENNETH H. ERKE PERFORMANCE AGREEMENT (APN-504-400-017)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 2022-0140231 03/23/2022 11:24 nn Fee: $ 0.00 Page 1 of g Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder I im iVf 1 Space Above This Line For Recorder's Use Only PERFORMANCE AGREEMENT ESA-SP Zone IThis Performance Agreement ("Agreement") is entered into this IU day of "Z-OZ-l by and between Kenneth H. Erke, Jr. ("Owner") and the City of Palm Springs, a California charter city ("City"). RECITALS A. Owner is the fee title owner of that certain real property located at 2216 Monument 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 June 9, 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. 1174787.1 3. Force Maieure. Owner shall not be deemed to have abandoned work on the Project under Section 2, where a delay in work is caused by circumstances beyond the control and without the fault of Owner, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Project by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than 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. Securitv tn nnarflntee Performance. Prior to the issuance of any permit for grading or construction of any improvement on the Property, Owner shall fiimish to City a bond, cash deposit, irrevocable letter of credit, assignment of a certificate of deposit, or similar form of security acceptable to City in its sole and absolute discretion in a total amount of Fiitv 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 ofthe 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 fimds as security until the release conditions have been satisfied. Tlie 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 xmder Section 2, written notice thereof shall be given to the Owner and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done in order to re-naturalize the Property (which work may include the removal of any improvements and the restoration of the natural terrain, rock features, and vegetation on the Property to the condition that existed as of the Effective Date), the estimated cost thereof^ and the period of time deemed by the City Engineer to be reasonably necessary for the completion. After receipt of such notice, the Owner and, if applicable, the surety, shall within the time specified, cause or require the work to be performed. If the work is not performed, the estimated cost of performing the work shall be demanded from the surety or, if there is no surety, obtained from the security, and the City Engineer shall cause such work to be performed and completed. In the event that the Owner or, if applicable, the surety do not cause or require the re-naturalization work to be performed and completed, the City and its agents shall have an exclusive right to entry onto the Property for purposes of completing the work. 6. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Owner hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal or equitable remedy to which it may be entitled. 7. Amendment or Termination. This Agreement and the conditions, covenants, and restrictions contained herein shall not be amended in any manner or terminated without the prior written approval of City or without the recordation of any such approval by City. -f..; rt) '-i n ' t. ,■ . . ■'.lu . fj ; ' - '.r. ' r 1 ' I ' ;i ■ 'I i) I • .. ' •i" I/', M ■ p' . I< . r ' ' ij. ■ , ' . '-J T' ^ ' r ' 1' ! i - *. ' v «'• .. t « ,.. rii ■ I :■I .1 ' ; n ''<■,1 'I'D./, ; f' 'Jl_ r.:}y .. r r. j/, iU;i . I ; ! . > ' ' I'-s" . i ].'iii-• ..ij',: .i:.'L 11/'''^^ V.;'? ' ' \,u {"■* , ic' • • ■'iu.rj'.rj. f •'<) ; , . / ■ ' i'H■'-{r ■ 'H * ' ; Si" p • yy.uoij rz-j'/w ■'< 0^'d •'•; • ' ;-=j> 8. Binding Effect. This Agreement and the conditions, covenants, and restrictions contained herein are and shall be deemed to be covenants running with the land and shall bind and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 9. Citv Enforcement. The City shall have the right to enforce this Agreement by any legal or equitable means gainst 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 ofthe intent ofthis 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 $ SQ«OOQ»QO 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. IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the Effective Date. OWNERfS) By:. Name.; Kennfifh H FrlfR Tr By:. Name: [Signature of Owner(s) must be properly acknowledged and notarized] ACCEPTED BY: City of Palm Springs, a California charter city By: A ^OX % Justinlciiflon, ICMA-CM City Manager APPROVED AS TO FORM: JefPBalllhger City of Palm Springs / City Attorney ATTEST:Other: Signer Is Representing: CALIFORL i CERTIFICATE OF ACKNOWC )GIV1ENT 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 \ (tLs, On no ,2-02-1 before me, sP (here insert name and title of the officer) V4 ' / c 1^-personally appeared 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. JAMIE LREULMAN Notary Public - California Riversidu County Commission # 2230576 My Comm. Expires Feb 8,2022 '^iP Optional Information Although the information in this section is not required by law, It could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Additional Inforrnation Method of Signer Identification containing pages, and dated The signer(s) capacity or authority is/are as: O Indlvldualfs) |~] Attorney-ln-Fact n Corporate Officef(s) Proved to me on the basis of satisfactory evidence; O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other "ntle(s) I I Additional Signer(s) Q Signer(s)Thumbprint(s) □ O Guardian/Conservator im Partner-Limited/General im Trusteefs) Q Other: representing: Name(s) of Personts) or Entity(les) Signer is Representing e Copyright 2007-2018 Notary Rotary, PO Box 4140O,DesMoines,IA 50311-0507. All Rights Reserved. item Number 101772. Piease contact your Authorized Reselier to purchase copies of this form. . \ ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On IQ , 20^ before me, BRENT RASI, 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 I ^ day of _ , 202-2, Signature: Brent Rasi, Deputy City Clerk City of Palm Springs, California / t EXHIBIT "A" Legal Description of Property All that certain real property situated In the County of Riverside, State of California, described as follov\;s: LOT 73 AS SHOWN ON TRACT MAP NO. 35540, ON FILE IN BOOK 443, OF MAPS, PAGES 65 THROUGH 78, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, CALIFORNIA. •/ wSpwmo u sf'OBAIt®^ fOpoR^^ CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, OA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest In real property conveyed by PERFORMANCE AGREEMENT ESA-SPZONE Real property In the City of Palm Springs, County of Riverside, State of California, as described: Land described In Exhibit "A" APN: 504-400-017 Dated: December 10, 2021 From, KENNETH H. ERKE 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 1®* day of March, 2022, 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 1®* day of March 2022. BRENT RASI . DEPUTY CITY CLERK, r- ( City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Engineering Services Department Memo To: Anthony Mejia, City Clerk From: Rick Minjares, Engineering Associate Date: March 16, 2022 Re: E-4612, 2216 Monument Court executed Performance Agreement from Kenneth H ErkeJr., (APN 504^00-017) in the City of Palm Springs. PleasraTcSt exe^^^^^ prepare an updated Letter of Acceptance to the Riverside County Recorder for recordation. If you have any questions, do not hesitate to call me. Thank you, Rick Minjares, Engineering Associate City of Palm Springs Engineering Dept (760) 323-8253 X8741.