HomeMy WebLinkAboutA9116 - STEPHEN HONOR NASH AND CYNTHIA B. NASH AND THE ROYAL HAWAIIAN COMMUNITY ASSOCIATION2022-0420852
FREE 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
10/06/2022 10:56 AM Fee: $ 0.00
Page 1 of 15
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
HISTORIC PROPERTY PRESERVATION AGREEMENT
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This Historic Property Preservation Agreement ("Agreement") is made this 21st day of
April 2022 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Stephen Honor Nash ("Owner') and Cynthia B. Nash ("Owner")
and Royal Hawaiian Estates Homeowners ("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 295 East Twin Palms 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. The HOA and Owner share responsibility for routine maintenance and upkeep of
the Historic Property's building exteriors and grounds.
D. On February 3, 2010 (the "Approval Date"), the City Council approved Resolution
No. 22657 establishing the subject property as a contributing structure in the Royal
Hawaiian Estates 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 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 21, 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 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.
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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
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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
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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 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, 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: Stephen Honor Nash
Cynthia B. Nash
13002 NE 51h Street
Vancouver, WA 98684
HOA: Kerry Farmer, HOA President
Royal Hawaiian Estates Community Association
243 E Twin Palms Drive
Palm Springs, CA 92264
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 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 the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee,
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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. 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.
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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
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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: % a" d oZ By: I 1 �—
1ntf.City Manager:�lastia£
City of Palm Springs
APPROVED BY CITY COUNCIL
APPROVED AS TO FORM: ATTEST: 21..PZZ-Zfiwr i' F A1116
zz
City Attorr46y Jeff BB3 inger #nieFir City Clerk: A4oaigNe 6eaaeli—
City of Palm Springs City of Palm Springs
Dated: ZO Z Z. By:
Owner: St phen Honor Nash
Dated: �22 By. _
Owner: Cynthia B. Nash
Dated: By:
SIGNED IN COUNTERPART
HOA: Kerry Farmer, Board President
Royal Hawaiian Estates Community Association
ACKNOWLEDGMENT
A notary public or o0w officer oomplearq this xroficate
verifies only the Wenoty of the indmdual who signed the
document ro which this ceroficate m attached. and not the
ttulMulness, aceuracy. or valMny of that document
State ofcalitedua-
County of
e irisert naime and We of the Mw)
.Vmsonalty appearedi'Pl'/ Honor--Nzh and Cwrimia i
I
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 hetshe/they
executed the same in his/her/their authorized capacity(les), 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 /nP
Wf1
I certify under PENALTY OF PERJURY under the laws of the State of 6alitemiathat the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Sgnature L jAk ar r U t {2� U l Cti° I
(sue)
LNotary Yuniic
ashington
RIE HEISER
ONS 22018245
SION EXPIRES
01, 2026
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
SIGNED IN COUNTERPART
Dated: By:
City Manager: Justin Clifton
City of Palm Springs
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
City Attorney: Jeff Ballinger
City of Palm Springs
Dated:
Dated:
Dated: l D
ATTEST:
SIGNED IN COUNTERPART
Interim City Clerk: Monique Lomeli, CMC
City of Palm Springs
0
SIGNED IN COUNTERPART
Owner: Stephen Honor Nash
SIGNED IN COUNTERPART
By:
Owner: Cynthia B. Nash
By:
HOA: Ker mer, Board President
Royal Hawaiian Estates Community Association
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 LOS ANGELES
On MAY 11, 2022 before me, H. ENRIOUEZ Notary Public
ere !nsetl name one !It a of the o�i[en
personally appeared KERRY FARMER
who proved to me on the basis of satisfactory evidence to be the person(* whose
name(s) is)are subscribed to the within instrument and acknowledged to me that
the/they executed the same in is er/their authorized capacity(kes), and that by
Is er/their signature(s) on the instrument the person($), or the entity upon behalf of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
H. ENRIQUEZ
WITNESS m hand and official seal /3 < Commission No. 2321313 {
YI )NOTARY PUBLIC-CALIFORNIA
\ / LOB ANGELES COUNTY
�-"!� My Comm. Expires Mar. 8, 2a2<
NotaryRtWic Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMEIJT I
Historic Property Preservation Agreement
(Title or description of attached document)
(Title or description of attached document
Pages _ Document Date
-
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
Corporate Officer
(Title)
❑
Partner(s)
❑
❑
TrustAttorney-in-Fact(s
Trustee(s)
❑
Other
--�
t_
INSTRUCTIONS FOR COMPLETING THIS FORM
Thsformcomplies with current-('aldarnnr statures regardmgnotary wording and,
tf needed should he completed and attached to the document Icknowledgmenis
from other states may be conrplered for documents being .sent to that state so long
ns the wording does not require the California noiarj, to violate California notary
Imr
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The nutary public must print his or her time as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name($) of document signer(s) who personally appear at the time of
notarization.
• Indicate the comet singular or plural fors by crossing off incorrect forms (i.e.
Wshe/the}- is laae) or circling the correct fors. Failure to correctly indicate this
information may lead to rejection of dnoument recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permit;, otherwise complete a different acknowledgment for.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 35 AND AN UNDIVIDED 1/40TH INTEREST IN AND TO PARCEL 41, OF
RECORD OF SURVEY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STTE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 32 PAGE 69 OF
RECORD OF SURVEY, RECORDS OF RIVESIDE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BLOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT
OF SURFACE ENTRY, AS PROVIDED IN DEED RECORDED OCTOBER 18, 1961 AS
INSTRUMENT NO. 88199, OFFICIAL RECORDS.
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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 ("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).
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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 Tahquitz Canyon Way, Palm Springs, CA
92262)
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EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
HOA project currently underway, restoration and repair of beams and wood and
returning the original color palette.
2. Restoration of Three of the "Flying Sevens" and roofline "teeth" associated with
the unit 295 East Twin Palms.
3. Owners are committed to maintaining the historic integrity of windows, screens,
lighting, and cabinetry, in addition to upgrading for energy efficiency where
appropriate.
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