HomeMy WebLinkAboutA9100 - JOSEPH MANTELLO & PAUL MARLOWFREE 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
2022-0230007
05/18/2022 11:18 Ml Fee: $ 0.00
Page 1 of 13
Recorded in Official Records
^ County of Riverside
Peter PIdana
i^^ftssessor-County Clerk-Recorder
ffiMWIll
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this 7*^ day of April
2022 by and between the City of Palm Springs, a charter city and municipal corporation
("City") and Joseph Mantello ("Owner") and Paul Marlow ("Owner").
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 1272 East Verbena 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. On January 13, 2022 (the "Approval Date"), the City Council approved Resolution
No. 24968 establishing the subject property as a historic resource which is listed
on the City's register of historic resources, sites, landmarks and districts.
D. The City and the Owner, 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. Effective Date and Term of Agreement. This Agreement shall be effective
and commence on April 7,2022 ("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 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 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 shall comply with
these minimum standards throughout the term of this Agreement. In
addition, the 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 Property on
the effective date of this Agreement is documented in photographs attached
as Exhibit "0" to this Agreement. At a minimum, the Owner shall continually
maintain the exterior of the Historic Property in the same condition as
documented in Exhibit "0."
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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 "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 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, 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 of 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 Propertv: 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 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 subject 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
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 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: Joseph Mantello
Paul Marlow
1272 East Verbena Drive
Palm Springs, CA 92262
13. Effect of Agreement. Noneoftheterms, 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 shall defend, indemnity, 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 wrongfui 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
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. Severabilitv. 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
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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
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the
day and year first written above.
Dated: ajil By:
CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation
City Manager: Justin Gfifton
City of Palm Springs
APPROVED AS TO FORM:ATTEST;
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City Aftorne^dtf BailTnger
City of Palm Springs
Dated:
Interim ICity^Jierk: Monique Lomeli, CMC
City of ram Springs
i
Dated: By:
Mantellor: Josep
Ownerf: Pau Mar ow
APPROVED BY CITY COUNCIL
ACKNOWLEDGMENT
A notary public or other ofiioer cotrpleUng this certiSca'e
venfies only the Identity of Uie individual who signed the
document to which this certificate is atitached, and not the
truthfulness, accuracy, or vaGdity of that document
State of Catifomia:?
County of
On5^'eCi. 2 ^ 1 before mer
(here Insert name and title of the officer)
personally appeared 1 "s/
v/ho 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 Instalment.
I certify under PENALTY OF PERJURY under the lav/s of the State of Caiifomia that the
foregoing paragraph is true and correct.
WITNESS my hand and officiai seal.
Signatu
■i iMi^i a n a *1^
JACK H 5TSVENS JR.
^ Houry Public • CAlifernii
Riverside County
Commission # 23SI28S
Mv Comm. Exoires Dec 25. 202S
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Palm Springs^ County of Riverside, State of California,
described as follows:
LOT 12 DESERT SANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE.
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 18 PAGE 74 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPT ALL OIL, GAS OR OTHER HYDRO-CARBON SUBSTANCES AS RESERVED
BY EDMUND F. LINDOP IN DEED RECORDED MAY 15,1943 IN BOOK 582 PAGE 156
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN; 5074-253-009-5
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exhibiVb
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 Histprjc
Buildings (1995 Weeks and Grimmer).
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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, California at 3200 Tahqultz Canyon Way, Palm Springs, CA
92262)
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EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
1. Maintenance to the post and beam construction.
2. Annual exterior painting
3. Ongoing maintenance of the original exterior siding
4. Repair of original glass sliding doors.
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