HomeMy WebLinkAbout1F1CITY COUNCIL STAFF REPORT DATE: March 25, 2021 CONSENT AGENDA SUBJECT: REQUEST BY MARTYN L. BULLARD, OWNER, FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE KRAMER RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 800 EAST GRANVIA VALMONTE (APN #507-202-017), (HSPB #119). 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 Martyn L. Bullard. The intent of this contract is to require maintenance and preservation of this Class 1 historic site in exchange for possible property tax relief as determined by the Riverside County tax assessor. RECOMMENDATION: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Martyn L. Bullard. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. STAFF ANALYSIS: On January 9, 2020, the City Council designated the property located at 800 East Granvia Valmonte, ''The Kramer Residence" (HSPB #119), a Class One Historic Site via Resolution No. 24695. Pursuant to California Government Code Sections 50280 -50290, upon the 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 ITEMNO. r r ----
2City Council Staff Report March 25, 2021 Mills Act Agreement -800 East Granvia Valmonte -Kramer Residence property, specifically its historically significant elements and characteristics. Page 2 of 2 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, or landmarks. The Kramer Residence meets this definition because it is listed in the City of Palm Springs register of Class 1 historic sites as site HSPB #119. FISCAL IMPACT: Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property. /)~ ~ t '-1 ( ~ F'nn Fagg, AIC Marcus Fuller, P.E., M.P.A., P.L.S. Development Services Director Assistant City Manager/City Engineer <~a~~~ City Manager Attachments: 1. Vicinity Map 2. City Council Resolution #24695. 3. Letter from the owner and public disclosure form. 4. Historic Property Preservation Agreement.
3Department of Planning Services Vicinity Map -N . W E . . . ..---..-------'-------~· Legend E8881Site / _ . D 500' Site Radius s TAMARISK-R0---~--------+-----1 \ I~ -------.i ~ O::• w ..:J '· ~ . ,. ___ ___.____.✓-,. --GRANVIA-VALMONTE--------u·~-,i/. .-~ j / v· '----j _J C z w ;! '-~ I I CITY OF PALM SPRINGS HSPB 119 The Allan & Mildred Kramer Residence 800 East Granvia Valmonte
4RESOLUTION NO. 24695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING aTHE ALLAN KRAMER RESIDENCE", LOCATED AT 800 EAST GRANVIA VALMONTE AS CLASS 1 HISTORIC RESOURCE, HSPB #119, SUBJECT TO CONDITIONS. (APN 507-202-017) 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 20, 2019, Martin Lawrence Bullard, owner and applicant, filed an application with the City pursuant to Article Ill, Section 8.05.070 (Procedure for Designation of Historic Sites and Historic Districts) of the Palm Springs Municipal Code requesting Class 1 historic resource designation for the parcel located at 800 East Granvia Valmonte (APN #507-202-017). The application included a historic resources report ("the report") prepared by the Palm Springs Preservation Foundation, dated March, 2019. C. In June, 2019, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic resource, accompanied by City staff. D. On July 9, 2019, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #119 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 7-0 to recommend that the City Council designate The Kramer Residence a Class 1 historic resource, subject to. conditions. F. On January 9, 2020 a noticed public hearing of the Palm Springs City Council to consider Case HSPB #119 was held in accordance with applicable law. G. 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
5Resolution No. 24695 Page2 THE PALM SPRINGS CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1: FINDINGS -PART 11A", CRITERIA FOR H•STORIC RESOURCES. Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C), In considering a recommendation to designate the site as a Class 1 or 2 historic resource the HSPB shall evaluate the application and make findings for conformance with the following criteria: Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings ("a» and "b") are met: a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below: The Kramer Residence exhibits exceptional historic significance because of its unique "New Formalism" architectural characteristics. (Criterion 1) The resource 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 Kramer Residence. It does not quaJify as a historic resource under Criterion 1. (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report notes thaf although the Kramers were active socially in the Palm Springs community, they do not rise to the level of having made a meaningful contribution to national, state or local history and thus it does not qualify as a historic resource under Criterion 2. (Criterion 3) The resource reflects or ex~mplifies a particular period of national, state or local history; The ·Kramer Residence exemplifies the post WWII Modern Period In the development of Palm Springs (1945 -1969) because it is a significant example of a custom-built residence designed in the "New Formalist" style; a derivative of what is widely referred to as Mid-Century Modem architecture, a style that flourished In Palm Springs after World War II and for which Palm Springs has become Internationally known. The Kramer Residence qualifies under Criterion 3.
6Resolution No. 24695 Page3 (Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; On Page 34, the Report asserts that the Kramer Residence possesses numerous characteristics common to the 11New Formalist'' architectural style. These characteristics include symmetry, verticality, buildings set upon a plinth or podium, to evoke monumentality, and use of classical references such as colonnades and repetitive arches, that were used to evoke a sense of wealth and gravitas. New Formalism cast off the modernist mantra of "less is more" and embraced often elaborate forms of ornament applied. to otherwise modernist structures. As such the Kramer Residence 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; In the Kramer Residence designer James H. McNaughton merges his formal architectural training with his creativity in television set design, creating as he described It 11a dramatic stage set for his clients.11 Although not listed among the architectural "masters" of New Formalism such as Edward Durell Stone, Morris Lapidus, Welton Becket & Associates, William Pereira, and Minoru Yamasaki, McNaughton's work was well recognized in a number of national architectural publications and as such could be considered to have influenced his age with the high artistic value of his designs. The Kramer Residence thus conforms to Criteria 5. (Criterion 6) The resource represents a significant and distinguishable entity whose components may Jack individual distinction, as used in evaluating applications for designation of historic districts, far parcels on which more than one entity exists; or The report does not assert that the Kramer Residence 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 infonnation has been provided in the historic resources report on any pre-historic significance of the site. SECTION 2: FINDINGS -PART 118", ANALYSIS OF HISTORIC INTEGRITY. Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established In the Secretary of the Interiors Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
7Resolution No. 24695 Page4 The application includes an evaluation of the site relative to the seven aspects or qualities of Integrity, as recognized by the National Park Services' Secretary of the Interior Standards. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The application concludes that the Kramer Residence retain a high degree of integrity. Below is the HSPB's evaluation of the site's integrity. 1. Location: The Kramer Residence remains in the same location that it was constructed, thus it retains integrity of location. 2. Design: As the report notes most of the design characteristics of the Kramer residence remain intact. The site continues to convey the significance of the design as an example of New Formalism. 3. Setting: The setting of the Kramer residence, that of a custom home in a neighborhood of custom homes remains intact, thus the site retains the integrity of Setting. 4. Materials: . The Kramer residence was constructed of standard frame and stucco construction, however finer finishes and materials present from the original construction are still evident such as an ·extensive use of terrazzo, ~nd large expanses of glass. Some alterations have diminished the integrity of materials at the Kramer Residence. Materials, such as patterned ceramic tile covering the otherwise sip,ple scored-face concrete masonry units, loss of original light fixture sconces, front door / gate changes, loss of decorative finials, and infill of louvered doors at the courtyard have diminished the material integrity of the Kramer Residence. Many of these changes could be redone such that the material integrity of the home could be strengthened. The report does not provide any detail as to the original colors of the home, however from the early black and white photos in the report, ft appears the body of the home was a tan or grey with doors, trim, and fascia in white. Curr.ently the home is painted entirely white. Although more information Is not provided relative to the original color of the home, the HSPB found that the home~s historic significance is not materially impaired by its present all-white color palette. 5. Workmanship: The Kramer Residence exhibits typical workmanship and quality levels as found in a custom designed and built home. It retains integrity of workmanship.
8Resolution No. 24695 Page5 6. Feeling: The Kramer Residence maintains a feeling of luxury and elegance consistent with its original design concept. 7. Association: The Kramer Residence Is associated with the· post World War II boom in Palm Springs as many middle class families and wealthy individuals chose Palm Springs for building second homes and establishing the City as a favored vacation destination. 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 the historic resource. The physical character-defining historic features of this resource include the following: 1. Flat roofed-structures with thin edge fascia. 2. The open, dual arched column colonnade flanking both sides of the outdoor Jiving room and swimming pool. 3. The curved edge of the roof fascia of the outdoor living area which follows the curved steps of the swimming pool. 4. The open covered living area between the colonnades with the round skylights in the roof. 5. The screenwall dividing the pool from the hot tub area (ceramic tile not original.) 6. The full-length segmented "bay window" on axis with the swimming pool adjacent to the sunken seating area in the living room. 7. The terrazzo floor at the pool deck and outdoor covered living area. 8. Scored concrete masonry units at courtyard wall. 9. Narrow frame natural anodized aluminum door and window frames. 10. Clerestory windows. 11. Its New Formalism style. The non-contributing features include the following: 1. The garage and driveway 2. The landscape. 3. The canvas shade awnings.
9Resolution No! 24695 Page6 4. Ceramic til~ clad wall_$ adj~cent ·tfJe pool. 5. Exterior wall scooce light fixtur~s at entry doot / gate. 6. The spa. SECTION 4: ENVIRONMENTAL ASSESSMENT The proppsed hi~toric resource ctesignati~n i~ not ~ubJect to the California Environmental Quality Act (CEQA) pursu.~nt to Sections 15Q60(~)(2) (the,activity will not result in a direct or rea$.OOJ)bly foreseeable indirect phytical change in the emtironmen~) a·nd 15060(c)(3) (the ~¢tivity is not a project as defined in Section 15378) of the CEQA Guidelines, Oalifom;a Code of Regu·Iatron~, Title 14, Chapter 3, beca.use it has no potential fdt resuttfng in physical chan ... ges·to the ·envjronment, directly or indirectit SECTION 5: CONDITIONS THAT APPLY TO CLASS 1 HISTORIC SITES. AccordirJg to Section 8.05 of the Municipal Gode, the following shall apply to a Class 1 Historic Resource: . 1. It shall meet the definition of a historic site as outlined in Municipal Code Section 8.05.020. · 2. An archival file shall be maintained on the property by the City. 3. It m_ay be qualified as ;historic' at the federal, state, and/or county level. 4. The structure/si_te may not be modified nor obje,cts removed without following the procedures. outlined in Munic]pal Code Section 8 .. 05.11 O uoemolition or Alteration of Class 1 and Clas.s 2 Historic Resour~s -Certificate of Appropriateness". 5. A marker explaining the historic natu·re of ·the site may be installed at the site in a location Viewab,e from the public way. 6. CQrflpliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8._05 of the Municipal Code shall be required. 7. The City Clerk shall submit the Couocil Resolution ~o the County recorder for reco,rdation within 90 days of the effective date of the Council's resolution. Based upon the foregoing, the City 'Council hereby designates the residence at 'BOO East Granvja Valmonte ''The Ana·n & Mildred Kramer Residence" a Class 1 Historic Resource (Case HSPB #119). AD0PTED THIS 9th DAY OF JANUARY, 2020.
10Resolution No. 24695 Page7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS·') CERTIFICATION I, ANTHONY J, MEJIA City Clerk .of the CitY of Palm Springs, hf3reb.y certify that Resolution No. 24695 is a full, true .and correct 9opy., and was ·duly adopt~d at a r~ular meeting of the City Council 6f the City of Palm -Springs on the 9th day of January. 2020, by the following vote: AYES: NOES: ABSENT: AB~TAIN: Cou·ncilmembers Gamer, Middleton, Woods, Mayor Pro Tern Garner, 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 11...,_ day of Eifo_rud..-:] • t.ok:> . ·.~ Cify Clerk
11KenLyon,RA Associate City Planner Historic Preseivation Officer Department of PJaomng Services City of Palm Springs,. California 3200 Tahquitz Canyon Way Palm Springs, California 92263 Dear Mr. Lyon. MARTYN LAWRENCE BULLARD DESIGN 01/12/2021 I would like to apply to the City of Palm Springs to enter into a Mills act contract on my home , the Kramer residence , also known as the Villa Grigio, 800 East Granvia Valmonte :, Palm Springs :, CA 92262. The city council nnaoiroously designated the residence a Class 1 historical resource in January 9th 2020 due to its architectural and cultural importance to the city and internationally (HSPB in #119). I spent two years restoring the house and maintaining the architectural intent of James M~Naughton the distinguished architect, having the end results published in shelter magazines around the world since as a beacon of iconic Palm Springs style and most recently appearing on the cover of the penultimate Paln1 Springs book by award winning photographer Tim Street Porte.r. Enc.lose.d is Exhibit A, the transfer of ownership deed title and Exhibit B. exterior shots of the property from the street and inner cowtyard. Thank you for your attention and help in this matter, Very best regards, Martyn Lawrence Bullard martyn@martynlawrencebullard.com cell: (310) 804-8654 mo Melrose Avenue. Los Angeles. Califomia 9Gffl Tet 323.655.5080 Fax: 323.655.5090
12PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Martyn Lawrence Bullard / Kramer residence 2. Address of Entity (Principle Place of _Business) 800 e. ~~nYiP-Xill.rn9.rJl~., Palm Springs. CA. 92212 3. Local or California Address (if different than #2) 8550 Melrose Ave~ IA. CA. 90069 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? n Yes n No 5. Type of Entity D Corporation D Limited Liability Company D Partnership D Trust ~ Other (please specify) toe:r/• ovJN~o &'/ A .J A-rUeAL Pl::2-~r--!.., N.Ur' ~ L.LC., CR., C.oR P 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries . (please specify) Note: If 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 _M_a_rt_y_n_L_a_w_re_n_c_e_B_ul_ll_a_rd ________ • Officer • Director D Member D Manager [name] D General Partner D Limited Partner [!] Other Singular private home owner __________________ D Officer D Director D Member D Manager [na D General Partner D Limited Partner •Other ___________ _ __________________ D Officer D Director D Member D Manager (Revised 05/16/19) [na D General Partner D Limited Partner •Other ___________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
137. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficiai interest In entity and name of entity] A. 'oo '}· O~t-l°E(:) Q·'i· A Nl\-n)e"tL_ f-e-LSo~\ Martyn Lawrence Bullard 100 percent private owner of property. [name of owner/investor] [percentage of beneficial in.terest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. ; [natne of owner/investor] [percentage of beneficial interest in entity and name of entity] E. ! [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF. CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Date 07 .01 21 owvetZ. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative actioh bythe City. (RPvic.Prl 01:i/1 Fi/1 q\ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page2of2
14FREE 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 25th day of March, 2021 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Martyn L. Bullard ("Owner"). _ A. B. C. D. RECITALS: 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 provid~ for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance. The Owners possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at 800 East Granvia Valmonte, 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. On January 9, 2020 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 24695 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"). The City and the Owners 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 and the Owner, in consideration of the mutual covenants and conditions set forth herein, agree as follows: 1
151. Effective Date and Term of Agreement. This Agreement shall be effective and commence on March 25, 2021 ("Effective Date") 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 ("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 informatron 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. 4.2 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 2
16Property on the effective date of this Agreement is documented in photographs attached as Exhibit 11C" to this Agreement. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit 11C.11 4.3 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 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 breached any 3
17of 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. 7 .3 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. 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 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 pursu'ant 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 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 and the Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions 4
18set 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): Martyn L. Bullard 8550 Melrose Avenue Los Angeles, CA 90069 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 ani joint enterprise. 14. Indemnity of City. The Owner 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 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 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. 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 5
19all 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 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 possible 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 6
20IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above. Dated:, _________ _ APPROVED AS TO FORM: City Attorney: Jeff Ballinger (Acting) 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: Martyn L. Bullard 7
21EXHIBIT A LEGAL DESCRIPTION Real property in the City of Palm Springs, County of Riverside, State of California, described as follows: LOT 27 OF CABALLEROS ESTATES AS SHOWN GY MAP ON FILE IN BOOK 36, PAGES 41 AND 42 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL MINERALS, AS SET OUT IN DEED RECORDED FEBRUARY 20, 1958 IN BOOK 2225 PAGE 509 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 507-202-017 8
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). 9
23EXHIBIT 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) 10
24EXHIBIT D SPECIFIC PROJECTS (Section 4.3) (none) 11