HomeMy WebLinkAboutA9143 - GEDDES- CHRSTENSEN FAMILY TRUST AND RACQUET CLUB COTTAGES WEST HOMEOWNERS ASSOCIATIONContract
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CONTRACT ABSTRACT
(none)
The Geddes -Christensen Family Trust and Racquet Club
Cottages West Homeowners Association
(none — Mills Act Historic Property Agreement for Class 1
historic site) 360 Cabrillo Road Unit 109.
(not applicable)
(not applicable)
10 years with automatic 1 year renewal annually
Planning Services
David Newell
Council/ Community Redevelopment /
Agency Approval Date: 05/12/2022 (City Council)
Minute Order/ Resolution Number: Approved as part of Consent AgendaQiW1 .�
Agreement No:
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Contract Number: A9143 V/
(none)
Dale E Christensen (Trustee) and Paul Rosen, Board of Directors for
Racquet Club Cottages West Homeowners Association
(not applicable)
(not applicable)
Contract prepared by: Richard Bruno, Planning Technician
Submitted on: 5/12/2022 By: David Newell
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
2022-0334166
07/27/2022 12:30 PM Fee:$ 0.00
Page 1 of 14
'Recorded in Official Records
County of Riverside
Peter Aldana
ifiiiiii~@tif111111
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this 12th day of
May 2022 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and The Geddes-Christensen Family Trust ("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 109 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 cornmunity'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.
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AGREEMENT
NOW, THEREFORE, thelcity, the Owner, and the HOA, in ~onsideration of the mutual
covenants and conditions! set forth herein, agree as follows:
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1. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on May 12, 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. !
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2. Non-Renewal and bancellation. If either the Owner or the City desire in any year
not to renew this Agree~ent, 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 Nonrenewa,I shall be effective only if served by the Owner upon the City at
least ninety (90) days prio.r to the Renewal Date, or if served by the City upon the Owner,
the Notice of Nonrenewalf 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). . ;
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3. Owner Protest of City Nonrenewal.-Within fifteen (15) days of the Owner's receipt
of the Notice of Nonrene~al from the City, the Owner may file with the City a written
protest of the Notice of Nc;mrenewal. Upon receipt of the written protect, the City Council
shall set a hearing prior ~o the expiration ·of the Renewal Date of this Agreement. The
Owner may furnish the Cify 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.
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4. Maintenance Standards for the Property. During the term of this Agreement, the
Property shall be subject to the following conditions, requirements, and restrictions:
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4.1 The Owner ~nd the HOA shall preserve and maintain .the characteristics of
the cultural and historical significance of the Historic Property. Attached to
this Agree~ent as Exhibit "B", is a list of the minimum standards and
conditions fqr 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, re$tore, and rehabilitate the Historic Property so as to maintain its
historical antl 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 Owner's and/or HOA's breach,
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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
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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 a_nd 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:
Owner:
HOA:
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
The Geddes-Christensen Family Trust
360 Cabrillo Road Unit 109
Palm Springs, CA 92262
Paul Rosen
Vice President, Board of Directors
Racquet Club Cottages West Homeowners Association
68950 Adelina Road
Cathedral City, CA 92234
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,
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
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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, it~ 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 Agreementshall 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
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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
By : ~ ~
City Manager: JustlClifton
C y ttorney: Jeff Ballinger
City of Palm Springs
Dated : (e A ~ ' 'ZV 'L, L__
Dated : t-I 3 -L2..
City of Palm Springs
ATTEST:
ity Cleric Monique Lomeli , CMG
aim Springs
B~ ~
ee:DaleCChristensen
By :£c//0Y1---\_
HOA: Paul Rosen
Vice President , Board of Directors
Racquet Club Cottages West Homeowners
Association
APPROVED BYCnYCOUNCI.
5-,2:--,¾>2::t T..\-,1\-\ IX Aq /l/3
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the ind ividual who signed the
document to which this certificate is attached, and not the
truthfulness , accuracy, or validity of that document.
State of California ' k
County of Q., \ \) U '.'6L('
\.
(here insert name and title of the officer
personally appeared __________________________ _
~o proved to me on the basis of satisfactory evidence to be the perso~) whiname(st-
e.3/are subscribed to the ~thin instrument and acknowledged to me that she/they
executed the same in (!}ls/her/their authorized capacity(~ and that by 1s her/their
signature~ on the instrument the person[,O_, or the entity upon behalf o which the
person~acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ACKNOWLEDGMENT
A no:.uy public or oth-.r o _, compfe-:ing thi s c erti'ica:-.
ve rifie s o ly • e ·den:i:y of the i de · ual who sig ed • e
State of CaHfQl[)i a
County of ~() tes, D&
On JLtNffi,Ja'2before me , cJl,t,~me S Jtt IN ..J,
tp~~, person.lily appeared
(he re insert name and tiUe of the officer )
12D->~ Y\
who proved to me on the basis of sa ·stactory evidence to be t he person (s) whose name(s )
@c:l re subscribed to the~th in instrument and acknowledged to me that ~he/they
executed the same in ~er/their authorized capacity(ies ), and that Dy @ her/their
signature (s) on the instrument the person (s). or the entity upon behal f of Wh ich t he
person (s) acted , executed the instrument.
I ce rtify under P ENAL TY OF P E RJU RY under the laws of the State of Cal ifornia t hat the
foregoing parag raph is true and correct.
(Sea t)
EUGENE S. SHAW JR .
Notary Pu blic -Ca lifornia
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EXHIBIT A
LEGAL DESCRIPTION
Parcel 33, 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 Security First National Bank of Los Angeles, by Deed Recorded January 11, 1936 in
Book 262 Page 533 of Official Records of Riverside County, California.
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EXHIBIT B
MAINTENANCE STANDARDS
(Section 4.1)
All structures, walls, ~ater 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)
1. Association assessment for complete restoration of the community pool cabana area
and spa relocation.
2. Water line replacement.
3. _Installing the approved, original style louvered door when available.
4. Interior restoration is planned for this contributing unit.
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