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Home My WebLink About2024-0381427 - NOTICE OF AGREEMENTRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attn: City Manager 2024-0381427 12/16/2024 10:44 AM Fee: $ 0.00 Page i of 11 .AA;%A4&J Recorded in Official Records County of Riverside Peter Alders Assessor -County Clerk -Recorder �'�>�k��EWU19011III NOTICE OF AGREEMENT Exempt from Recording fee pursuant to Gov't Code § 27383 2024 Disposition and Development Agreement Sale of Real Property for Development of a Homeownership Opportunity Program TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that NPHS Community Redevelopment Inc., a California nonprofit corporation (the "Developer") and the City of Palm Springs, a California municipal corporation (the "City") entered into an agreement entitled 2024 Disposition and Development Agreement, dated as of DM 2024 (the "Agreement"). A copy of the Agreement is on file with the City and is available for inspection and copying by interested persons as a public record of the City at the City's offices located at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, during the City's regular business hours. The Agreement affects the real property described in Exhibit A attached to this Notice of Agreement (the "Property"). The meaning of defined terms, indicated by initial capitalization, used in this Notice of Agreement shall be the same as the meaning ascribed to such terms in the Agreement. PLEASE TAKE FURTHER NOTICE that the Agreement contains certain development covenants running with the land of the Property and other agreements between the Developer and the City affecting the Property, as set forth below (all section references are to the Agreement): Section 4.1 of the Agreement provides: 4.1 Developer Covenant to Undertake Project. The Developer covenants, for itself, its successors and assigns, to and for the exclusive benefit of the City, that the Developer shall continence and complete the development of the Project on the Property within the time period for such actions set forth in the Schedule of Performance. The Developer covenants and agrees for itself, its successors, and assigns, that the Property shall be improved and developed with the Project in substantial conformity with the terms and conditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and among the Parties, and all applicable laws, regulations, orders and conditions of each Governmental Agency with jurisdiction over the Property or the Project. The covenants of this Section 4.1 shall run with the land of the Property until the earlier of the date of EXHIBIT E 55575.1826542857258.1 recordation of the Certificate of Completion or the fifteenth (15th) anniversary of the date of the Close of Escrow. i Section 5.1 of the Agreement provides 5.1 Covenant to Maintain Property on Tax Rolls. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.1.1 The entire Property shall remain on the County secured real property tax rolls in accordance with state law applicable to the Project. 5.1.2 The Developer shall pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on each December 10 and April 10 during such time period and to timely pay all supplemental tax bills regarding the Property issued by the County. The Developer further covenants and agrees to provide to the City, within thirty (30) days of any request by the City, commencing in the calendar year following the calendar year in which a Certificate of Completion is recorded and in each calendar year, thereafter, for the full term of this covenant: (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Developer and the County regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County, and (ii) cancelled checks issued by the Developer in payment of all property tax payments that are made to the County regarding the Property and all improvements thereon (or other reasonably acceptable evidence of such payment), with respect to the preceding County fiscal year. 5.1.3 The covenants of this Section 5.1 shall run with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Deed. Section 5.3 of the Agreement provides: 5.3 Compliance with the Regulatory Agreement. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.3.1 The Property shall be used and operated in accordance with the Regulatory Agreement. 5.3.2 Each Restricted Home shall be transferred through a long-term ground lease to an eligible low income household in accordance with the Regulatory Agreement. The Regulatory Agreement requires each individual homebuyer to execute a ground lease that states the resale restrictions and deed of trust in favor of the City that secures the City's financial contribution to the Project. EXHIBIT E 55575.18265\42857258.1 5.3.3 The covenants of this Section 5.3 shall run with the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Deed. Section 5.4 of the Agreement provides: 5.4 Maintenance Condition of the Property. The Developer for itself, its successors .and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.4.1 The areas of the Property that are subject to public view (including all existing and future improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a "Maintenance Deficiency"), then the City shall notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the City shall have the right to enter the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on the Property pursuant to this Section 5.4.1 shall become a lien on the Property, as applicable. If the amount of the lien is not paid within thirty (30) days after written demand for payment from the City to the Developer, the City shall have the right to enforce the lien in the manner provided in Section 5.4.3. 5.4.2 Graffiti, as this term is defined in Government Code Section 38772, that has been applied to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by the Developer by either painting over the evidence of such vandalism with a paint that has been color -matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti is not removed within ninety-six (96) hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice to the Developer. Any sum reasonably expended by the City for the removal of graffiti from the Property pursuant to this Section 5.4.2, shall be a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand to the Developer from the City, the City shall have the right to enforce its lien in the manner provided in Section 5.4.3. 5.4.3 The Parties further mutually understand and agree that the rights conferred upon the City under this Section 5.4 expressly include a grant by.the Developer of a security interest in the Property with the power to establish and enforce a lien or other encumbrance against the Property or any portion thereof, in the manner provided under Civil Code Sections 2924, 2924b and 2924c, to secure the obligations of the Developer and it successors under Section 5.4.1 or Section 5.4.2, including the reasonable attorneys' fees and costs of the City associated with the abatement of a Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words "reasonable attorneys' fees and costs of the City" mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney. i EXHIBIT E 55575.18265�42857258.1 5.4.4 The provisions of this Section 5.4, shall be a covenant running with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Deed. Nothing in the foregoing provisions of this Section 5.3 shall be deemed to preclude the Developer from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provided that any such changes comply with applicable zoning and building regulations of the City. Section 5.5 of the Agreement provides: 5.5 Obligation to Refrain from Discrimination. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that: 5.5.1 There shall be no discrimination against or segregation of any person, or group of persons, on account of actual or perceived sex, marital status, race, color; religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Developer, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub -tenants, sub -lessees or vendees of the Property. The covenant of this Section 5.5 shall run with the land of the Property and shall be enforceable against the Developer and its successors and assigns in perpetuity and be a covenant in the Deed and the Notice of Agreement. 5.5.2 The covenant of this Section 5.5 shall run with the land of the Property in perpetuity, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Deed. EXHIBIT E 55575.18265412857258.1 This NOTICE OF AGREEMENT is dated as of DCC ,.0Awr r 2, , 2024, and has been executed on behalf of the Developer and the City by and through the signatures of their authorized representative(s) set forth below. This Notice of Agreement may be executed in counterparts and when fully executed each counterpart shall be deemed to be one original instrument. Dated: w Y 12024 ATTEST: City Clerk CbR�uD� pR�� C ITS( OF QRI.(in S PRE APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP CITY: THE CITY OF PALM SPRINGS a California municipal corporation By: f C ty Manager 1 Gt,Ai sh%m 5COTT C, sriL�s C lTq OF PAI AnSPRIti 6S u6S By: C6 Ado 161FFR6L? 5, 13X1-L\U&r---R GIT�< OFPAA-►j SVpIAvGs EXHIBIT E 55575.18265426S7258.1 DEVELOPER: NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., a California corporation Dated: a By: [TITLE] UTIVC Dlf26%y cntc Modica [ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED] EXHIBIT E 55575.18265\42857258.1 CALIFORNiA ALL-PURPOSE ACKNOWLEDGEN(ENT CIVIL CODE § 1189 A notary public or other officer completing'this certificate verifies only the identity of individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document. personally appeared } } who proved to me on the basis of satisfactory evidence to be the person} whose nameek 3&re subscribed to the within instrument and aclmowledged to me that (�Yshelthey executed -the same in(;/her/their authorized capacity ,and that yl�' er/their signature on the instrument the perso#, or the entity upon behalf of which the ] acted, executed the instrument. I certrfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. APRIL DELEON . Notary Public - California San Bernardino County Commission; 2367866 4,��:d andofficial seISTO""My Comm. EaPires Jul 27,2Place Notary Seal Above ture of Notary Public EXHIBIT A TO 2024 DISPOSITION AND DEVELOPMENT AGREEMENT Sale of Real Property for Development of a Homeownership Opportunity Program Legal Description of the Property [Attached Behind this Page] EXHIBIT A 55575.18265142857258.1 I I LEGAL DESCRIPTION PARCEL ON ROSA PARKS ROAD (APN: 669-363-001) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 63 of Palm Springs Gateway Estates, Unit No. 1, as shown by map on file in Book39, Pages 58 and 59 of Maps, records of Riverside County, California. I, EXHIBIT A 55575.18265k12857258.1 LEGAL DESCRIPTION 233 TRAMVIEW ROAD, PALM SPRINGS, CA (APN: 669-401-010) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 295 of Desert Highland Estates, in the City of Palm Springs, county of Riverside, State of California, as per map recorded in Book 24, Pages 53 and 54, of Maps, in the office of the county recorder of said county. EXHIBIT A 55575.18265442857258.1 LEGAL DESCRIPTION PARCEL ON ELDORADO BOULEVARD (APN: 669401-039) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 38 of Desert Highland Estates, in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 24, Pages 53 and 54, of Maps, records of Riverside County. EXHIBIT A 55575.1 e2esw2a5n5a.1