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HomeMy WebLinkAboutA9018 - DAVID H SCHWARTZ AND KRISTA R FILE AND RACQUET GARDEN VILLAS HOMEOWNERS ASSOCIATION2022-0181688 04/18/2022 11:38 M Fee; $ 0.00 Page 1 of 15 Recorded in Official Records —Coufity of Riversidc FREE RECORDING REQUESTED BY Peter pidana AND WHEN RECORDED RETURN TO: City of Palm Springs 3200 East Tahqultz Canyon Way Palm Springs, CA 92263-2743 Attn; City Clerk cfi'^ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") Is made this 9th day of December 2021 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and David H. Schwartz ("Owner") and Krista R. File ("Owner") and the Racquet Club Cottages West Homeowners Association ("HOA"), RECITALS: A. California Government Code Sections 50280, et seq. (the "State Law"), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance. B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 360 Cabrillo Road Unit 222 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. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property's building exteriors and grounds. / D. On November 20, 2013 (the "Approval Date"), the City Council approved Resolution 23458 establishing the subject property as a contributing structure in the Racquet Club Cottages West Historic District. 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 mutuai covenants and conditions set forth herein, agree as follows; 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 9. 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 Citv 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 Propertv. 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 "B", 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." 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 "D" 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 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 of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 9. Waiver. The City does not waive any claim of default by the Owner 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 concluslvely 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: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Owner: David H. Schwartz Krista R. File 360 Cabrillo Road Unit 222 Palm Springs, CA 92262 HOA: Katherine Cavallini Board Treasurer Racquet Club Cottages West Homeowners Association 360 Cabrillo Road Unit 110 Palm Springs, CA 92262 13. 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 administratiye 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. Severabllitv. 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. 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 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. APPROVED AS TO FORM: CITY OF PALM SPRiNGS, a Charter City and Municipal Corporation Dated: 'i>}J 2.0X7^ By: City MatUger: Justit/CliftonCity Manager: Justife/Clifton City of Palm Springs APPROVED BY CITY COUNCIL ATTEST: ^ ^ L City Attorney: Jeff^aliinger City of Palm Springs Dated City Clem: Anthony Mejia MMC Cit^Li^fr^TT^ Springs : 13- B ^Owner: David H. Schwartz Dated:_ I H Ownep: Krista R. File Dated: SIGNED IN COUNTERPART By:. HOA: Katherlne Cavaliini Board Treasurer Racquet Club Cottages West Homeowners Association sieMED sHConMia'bVi^i SieHHD VA COnMlEESbVlSi 1 •r-v' V n ..•,.-. -J > ' -> IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, a Charter City and Municipal Corporation Dated:By: SIGNED IN COUNTERPART City Manager: Justin Clifton City of Palm Springs APPROVED AS TO FORM: SIGNED IN COUNTERPART City Attorney: Jeff Bailinger City of Palm Springs ATTEST: SIGNED IN COUNTERPART City Clerk: Anthony Mejia MMC City of Palm Springs Dated: Dated: By:. Owner: David H. Schwartz By:. Owner: Krista R. File Dated:By: HOA: Katherine Cavallini Board Treasurer Racquet Club Cottages West Homeowners Association ACKNOWLEDGMENT A notary public or ctfier ofitcer oompteiing this ceitfScate veriSes only the itfenSty of the indhndual who signed the docufRMitto which this certiScate is attached, and not the tnrthfjjlness. accuracy. o'va&Stycfthat dooiment Slate Of Cali£pmla ^ On lieforeme. r'^VYVlo{\P Olb )J/r)Vflr-A n (here InsStnameandBUeofUie^ Z/ personally appeared ~ "" J t who prov^ to me on the basis of satistactoiy evidence to be the persan(s) whose name(s) is/are subsoitied to the within Instoiment and acknowledge to me that he/shefth^ execute the same in hts/her/lheir authorize capacityOes). and that by his/hedUieir signatore(s) on the instrument the pei5on(s). or the etity upon behalf of which toe per5on(s) acte, execute toe instrumet I certiiy eder PENALTY OF PERJURY under the laws of toe Stote of Caiifomia that toe forgoing paragr^h is true and eirecL WITNES Signature land ed official seal. > . V. (Seal) SMONE RAMOS \ Cofflffllssion No. 2374634 ^ NOTARY PUBLIC - CALIFORNIA 2 SANDIEGOCOUNTY c ^^fliis$ionExpteSept&rrdjer1t^202S| ACKNOWLEDGMENT A notary public or other oflicer 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 County of ios/>n On before me. - (here inseW neiwi w II lOGi L I fa Ocrl-( name and title ofthe officer)r r ai lu uu^ cii u iw kj rt^ereoml^i^pp^ed \/v33^i~'S vJ ^ 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 slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. trjjvocK I certify under PENALTY OF PERJURY under the laws of the State of Cdlireiiila that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JODl LjANGE Commission Number 746427MY CC^MISSION EXPIRES TSeaiy EXHIBIT A LEGAL DESCRIPTION Parcel 15, Record of Surveys, in the City of Palm Springs, County of Riverside, State of California, as shown by Map on file in Book 33, Page(s)18 of Records of Riverside County, California; Except the right to any deposits of oil, gas, or other hydrocarbon substances and water underlying said land, provided, however, that such reservation shall not be deemed to give the grantor, its successors or assigns, any such right to enter upon said premises for development of any such water, oil, gas or other hydrocarbon substances as reserved by Securily First National Bank of Los Angeles, by Deed Recorded January 11, 1936 in Book 262 Page 533 of Official Records of Riverside County, California. 10 EXHIBIT 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 ("Agreemenf) 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). 11 EXHIBIT 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, Califomia at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262) 12 EXHIBIT D SPECIFIC PROJECTS (Section 4.3) 1. Replace metal screen doors with association approved wood screen doors. 2. Repair windows and broken seals. 3. Refinish metal architectural feature on the rear elevation of the structure. 4. Remodel landscaping in rear and side yard to natural California flora 5. Association assessments for common area pool renovations and water features. 13