HomeMy WebLinkAbout7/18/2001 - STAFF REPORTS (24) DATE: July 05, 2001
TO: City Council
FROM: Director of Planning & Building
AGREEMENT REGARDING 2150 NORTH PALM CANYON DRIVE (DESERT MOON)
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Minute Order entering into an
agreement with Jose E. Guerrero, the record owner, and Barton Charles Adrian, and Deborah Jo
Adrian, the trust deed beneficiaries (collectively"Owners").
SUMMARY:
The property located at 2150 North Palm Canyon Drive (Desert Moon) has been the subject of a
number of code violations and considered a nuisance property. The owners are seeking to enter
into an agreement with the City so as to prevent the immediate demolition of the property and allow
the rehabilitation of the property. The agreement includes a Performance Schedule that identifies
the time frame for property improvements.
BACKGROUND:
The subject property has been subject to numerous code violations dating back to 1977. As of
1998, the property owners have had notice of the code violation at the subject property.
Subsequently, in July of 1998 and August 1999, the City Council adopted Resolution 19330 and
19660. The owners failed to bring the property into compliance. The owners appealed the trial
court's abatement order and the appellant courts upheld the City's right to demolish the property.
The property owners have requested that the City temporarily stay demolition so that they may
rehabilitate the property. The subject agreement allows the owners to rehabilitate the property.
All work must be completed by December 22, 2001. The owners will provide the City with a letter
of credit for the estimated cost of demolition, pay City for all legal and administrative costs, pay all
City fees, and complete the project in accordance with the Schedule of Performance. If the owners
do not perform, The City has the owners' permission to enter the subject property and demolish
all structures.
The owners have all construction plans approved and are ready to commence rehabilitation of the
subject roperty.
o
--Dire—ctto-r�o fanning and Building
City Manager
ATTACHMENTS:
1. Agreement
2. Minute Order w] d
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AGREEMENT REGARDING
2150 NORTH PALM CANYON DRIVE
This AGREEMENT REGARDING 2150 NORTH PALM CANYON DRIVE
("Agreement") is made and entered into this_day of , 2001, by and between the
CITY OF PALM SPRINGS, a California municipal corporation("City"), on the one hand, and
JOSE E. GUERRERO, the record owner, and BARTON CHARLES ADRIAN and DEBORAH
JO ADRIAN,the trust deed beneficiaries, (collectively "Owners") on the other hand.
RECITALS
A. Jose E. Guerrero is the owner and Barton Charles Adrian and Deborah Jo Adrian
are the trust deed beneficiaries of that certain real property located in City of Palm Springs,
County of Riverside, State of California, which is commonly known as 2150 North Palm Canyon
Drive, Palm Springs, California(the "Property").
B. On March 11, 1997, City issued a Notice and Order concerning a Dangerous
Building to the Baers, who were the owners of the Property at that time, a copy of which is
attached as Exhibit "A"hereto. The Baers failed to comply with the March 11, 1997,Notice and
Order.
C. Jose E. Guerrero purchased the Property in May 1998 at which time Barton
Charles Adrian and Deborah Jo Adrian acquired a beneficial interest in the trust deed recorded
against the Property. As of May 1998, Owners had record notice of the persistent code
violations at the Property, based on the three notices describing the violations the City recorded
with the Riverside Recorder's Office against the Property.
D. After Owners failed to abate the violations, in Jime 1998, City issued a Notice to
Abate Nuisance to Owners, a copy of which is attached as Exhibit `B" hereto. Pursuant to the
June 1998 Notice, City held a hearing in Judy 1998 to show cause why the structures on the
Property should not be condemned as a public nuisance and abated by restructuring, repairing or
razing and removing same. At the July 1998 hearing, after reviewing all evidence and hearing
all testimony on the matter, the City Council of the City adopted Resolution No. 19330,
declaring the structures on the Property to be substandard and a public nuisance, as defined in
Health and Safety Code Section 17920, Section 202 of the Uniform Housing Code ("UHC"),
Chapter 302 of the Uniform Code for the Abatement of Dangerous Buildings (the "UCADB")
and sections 11.72.090 and 11.72.160 of the Palm Springs Municipal Code ("Municipal Code").
Resolution No. 19330, a copy of which is attached as Exhibit "C" hereto, sets forth at Section
No. 2, the specific conditions on the Property which are in violation of the Health and Safety
Code, the UHC, the UCADB, the Municipal Code, and the Palm Springs Zoning Ordinance
(collectively the "Conditions"), and required Owners to abate the Conditions through demolition
or repair within thirty (30) days of the date the Resolution was posted on the Property.
E. The Property was not brought into compliance with the law within the 30-day
period required under Resolution No. 19330, and the Property remained in a state of disrepair
and a public nuisance.
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F. In June 1999, City issued a new Notice and Order re Demolition, a copy of which
is attached as Exhibit "D" hereto. This notice reflected the prior notice of June 1998 by setting
forth the specific corrective actions necessary to bring the Property into compliance with the law.
Again, Owners took no corrective actions in response to such Notice and Order.
G. In August 1999, City issued a Notice to Abate Nuisance to Owners, a copy of
which is attached as Exhibit "E"hereto. This Notice to Abate Nuisance set a hearing on October
6, 1999 to show cause why the building on the Property should not be condemned as a public
nuisance and abated by restructuring, repairing or razing and removing same. At this hearing,
City Council received evidence concerning the numerous, persistent Health and Safety Code and
Municipal Code violations, and thereafter unanimously adopted Resolution No. 19660, a copy of
which is attached as Exhibit "F" hereto, finding and declaring the building located on the
Property to be a public nuisance, and ordering abatement of the nuisance. Resolution No. 19660
gave Owners 30 days from the date of posting the Resolution on the Property to either
reconstruct or repair the structures on the Property, or have them razed and removed.
H. The Property was not brought into compliance with the law within the 30-day
period as required under Resolution No. 19660, and the Property remains in a state of disrepair
and a public nuisance.
I. On November 10, 1999, City filed a complaint to enjoin the violations on the
Property, declare the Property a public nuisance, and authorize abatement by demolition of the
structures thereon. On February 8, 2000, the trial court heard argument and entered its order
finding that City complied with all the procedural requirements necessary to abate the public
nuisance by demolition, and that Owners failed to timely challenge the decision by filing a writ
of administrative mandamus.
J. Owners appealed the trial court's order. The Court of Appeal, Division Two of
the Fourth District held that the trial court did not err in authorizing City to demolish the
building, and denied Owners' petition for writ of mandate based on Owners' failure to timely
challenge the decision by the City Council under Resolution No. 19660. Accordingly, City has
the right to demolish the building.
K. Owners have requested City to temporarily stay demolition of the structures
located on the Property so that they may rehabilitate the Property according to the plans and
specifications to be approved by City and within the time frames set forth in the Schedule of
Performance attached hereto.
L. City and Owners further desire to enter into this Agreement to ensure that all
Rehabilitation Work to the Property covered by this Agreement will be completed in the manner
and within the time frame set forth herein and that the Rehabilitation Work shall comply with all
provisions of the Municipal Code, including any and all codes adopted therein.
COVENANTS
Based on the foregoing Recitals, and for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,the parties hereto agree as follows:
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SECTION 1. OWNERS' OBLIGATIONS.
1.1 Within the times specified in the Schedule of Performance, attached as Exhibit
"G" hereto, Owners shall, at their own cost and expense, perform or cause to be performed all
tasks necessary for and appurtenant to the completion of the Rehabilitation Work. The
Rehabilitation Work includes: (a) all repair work required by Resolution No. 19660 (Exhibit
"F"), and (b) all rehabilitation work necessary pursuant to the development approvals and
building permits that may be issued by City within the time set forth in the Schedule of
Performance. Owners agree to perform all Rehabilitation Work to City's satisfaction. The times
for completion of each obligation, as set forth in Exhibit "G," may only be extended in the event
offorce majeure (as provided in Subsection 1.9 below) or by mutual consent of the parties.
1.2 Owners agree that they shall perform the Rehabilitation Work subject to City's
inspection and approval. Accordingly, Owners shall grant to City permission to enter upon the
Property at any time to inspect the Property and determine compliance with this Agreement and
all applicable laws and regulations, and perform any work pursuant to Section 3.2(a) below.
1.3 Concurrently with the execution of this Agreement, Owners shall provide City
with a letter of credit payable to City payable upon Owners' breach of this Agreement for sixty-
thousand dollars ($60,000) to cover City's anticipated costs of demolition. Should City's actual
demolition costs exceed the amount of the deposit, Owners shall pay City any such excess
amount upon City's demand and written proof of such additional costs. Should Owners
complete the Rehabilitation Work to City's satisfaction and City does not incur any demolition
costs, the letter of credit shall be cancelled within thirty (30) days after City's issuance of a
Certificate of Occupancy for the structures at the Property.
1.4 Before commencing construction, Owners shall install and maintain a fence
surrounding the Property, subject to the City Planning Director's approval, as reasonably
adequate to protect construction personnel and equipment on the Property, and prevent entry on
the Property by children, vagrants, vandals, and other unauthorized persons during the
Rehabilitation Work. Owners shall further provide security at the Property during the
Rehabilitation Work in a manner approved by the City Planning Director.
1.5 Concurrently with the execution of this Agreement, Owners shall pay to City the
sum of Forty-Five Thousand dollars ($45,000.00) [THIS FIGURE IS AN ESTIMATE AND
SUBJECT TO CHANGE BEFORE EXECUTION OF THIS AGREEMENT] for fees and costs
City has incurred under Municipal Code Sections 11.72.010 et seq., including fees incurred for
attorney time and staff time spent inspecting, abating conditions on, and pursuing demolition in
connection with the Property.
1.6 Owners shall obtain such licenses, permits, and approvals as may be required by
law for the Rehabilitation Work required by this Agreement, including connection to the City's
sewer system. Owners are solely obligated to pay for any fees, assessments, and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for Owners to complete the Rehabilitation Work, and shall indemnify, defend and hold harmless
City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed
against City thereunder.
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1.7 The times specified in the Schedule of Performance to perform the Rehabilitation
Work shall be extended only for delays due to unforeseeable causes beyond the control and
through no fault or negligence of Owners, including acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots,
strikes, freight embargoes, wars, and/or acts of any governmental agency, including City,
provided Owners, within five (5) days of the commencement of such delay, notify the City
Planning Director in writing of the causes of the delay. The delay shall be deemed to have begun
on the date of such written notice by Owners. City shall ascertain the facts and the extent of the
delay, and extend the time for performing the services for the period of the enforced delay, if
such is deemed reasonable. In no event shall Owners be entitled to recover damages against City
for any delay in performing any obligations under this Agreement, however caused, Owners'
sole remedy being extension of the times specified in Exhibit "G" of this Agreement pursuant to
this Section.
1.8 Within five (5) days of the date a permit to rehabilitate the structures as set forth
herein is issued to Owners, or within five (5) days of the date Owners secure the services of a
licensed contractor to perform the Rehabilitation Work, whichever occurs first, Owners shall
deliver to City a copy of any and all insurance policies obtained in connection with the
construction project. Owners, or their contractors, at their expense, shall procure any and all
insurance policies required by law, including workers compensation insurance, pollution
insurance, if such becomes necessary, and will name City, its officers, employees and agents as
additional insureds. The policy of comprehensive general liability insurance, to be procured by
Owners pursuant to its obligations under this paragraph, shall have a combined single limit of at
least$1,000,000.
1.9 During the term of this Agreement, Owners shall not, directly or indirectly,
voluntarily, involuntarily or by operation of law, sell, assign, transfer, dispose of, hypothecate,
further encumber, enter into an option to sell or lease with option to sell or agree to sell, assign,
transfer, dispose of, further encumber, enter into option to sell or lease with option to sell or
suffer to exist any other lien against all or any portion of the Property, or any interest therein,
then, or at any time thereafter, without the prior, written approval by City, which approval shall
be based on such transferee's financial ability to undertake, and express assumption of, the
obligations of Owners under this Agreement. An encumbrance for the costs of constructing the
Rehabilitation Work shall be excluded from the prohibition under this Section 1.9.
1.10 By execution of this Agreement, Owners stipulate that the Property is currently a
public nuisance in violation of the Municipal Code, and that all enforcement proceedings brought
by City to date to abate the nuisance and demolish the structure on the Property were reasonable
and are valid and any orders and resolutions issued pursuant to such actions are legally binding
and enforceable against Owners, except City is required to suspend all demolition proceedings as
long as Owners are rehabilitating the Property pursuant to the terms and conditions set forth
herein. If Owners are in breach of any term or condition of this Agreement, City shall provide
Owners with written notice to cure the breach. Owners shall have ten (10) days after receipt of
said written notice to cure any breach. If Owners fail to cure the breach within ten (10) days of
the date of such notice, Owners shall be in breach of this Agreement, and City may either
demolish the structure on the Property, without having to proceed pursuant to the demolition
procedures set forth in the Municipal Code or Health and Safety Code, or perform the
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Rehabilitation Work, using the funds deposited by Owners as set forth in Paragraph 1.3 above.
Owners expressly agree to waive any rights that Owners may have under 11.72.220 of the
Municipal Code or Health and Safety Code (and the California Code of regulations adopted
thereunder), including without limitation, the right to a hearing before the Building
Rehabilitation Appeals Board. Owners further release any defenses or claims against City,
pursuant to Section 6.
1.11 Owners shall provide City with all applications and materials required pursuant to
items nos. 5 and 7 of the Schedule of Performance in a sufficiently timely manner so as to allow
City adequate and reasonable time to review and approve such plans.
1.12 Owners hereby warrant that there will be no disposal of asbestos from the
Property, or if disposal of asbestos is necessary, shall provide City with the name of the agent
authorized by State of California and City laws to perform the asbestos removal and disposal
services, location of the disposal site authorized by the State of California and City, and
proposed date(s) of the disposal. Owners warrant that any asbestos disposal shall be performed
pursuant to all applicable State of California and City disposal laws and regulations, and that the
authorized agent to perform the disposal work shall, as a condition precedent to Owners securing
the agent's services, maintain a policy of pollution and legal liability insurance, as provided at
paragraph 1.9 of this Agreement.
1.13 Owners acknowledge and understand that the Planning Commission and City
Council retain any and all discretion to approve, conditionally approve or deny any approval,
permit or entitlement requested by owner hereunder. Further, nothing herein shall be intended to
be any predetermination of approvals by the Planning Commission or City Council concerning
any matter herein. Owners agree to re-submit any revisions required or suggested by City to any
applications or plans submitted to City to effectuate the Rehabilitation Work. Owner shall
provide such revised applications and plans within a reasonable time after receiving City'
SECTION 2. CITY'S OBLIGATIONS.
2.1 In consideration of Owners' agreement to perform and pay the costs of the
Rehabilitation Work within the times specified in this Agreement, City has agreed to forebear
and postpone the demolition of the structures on the Property and prosecution of all claims and
causes of action against Owners regarding the Conditions during such times as Owners are
performing their obligations herein.
2.2 City shall assign to Owners any rights it may have against the former owners to
recover any fees and costs City has incurred under Section 11.72.010 et seq. of the Municipal
Code, including fees for attorney and staff time incurred in inspecting, abating conditions on, and
obtaining inspection and demolition warrants in connection with the Property.
SECTION 3. DEFAULTS AND REMEDIES.
3.1 If Owners neglect, refuse, or otherwise fail to complete the Rehabilitation Work
within the required time periods or otherwise fail to perform satisfactorily any of the provisions
of this Agreement, Owners shall be in default.
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3.2 In the event of a default and after written notice by City of the default and
Owners' failure to completely cure the default within ten (10) days of the date of such notice,
City may pursue any or all of the following remedies:
(a) City may enter the Property, and perform any necessary work to complete the
Rehabilitation Work pursuant to the Municipal Code, or demolish, improve and clean the site at
the election of City, using the funds deposited by Owners pursuant to the terms of this
Agreement. The City's right to demolish any structure or improvement herein includes City's
right to dispose of any or all portions of such demolished structures, equipment, appliances,
construction materials or any improvements or materials whatsoever.
(b) In the event that a civil proceeding is commenced against Owners, Owners shall
pay all City's attorneys' fees, court costs, and other expenses City will have incurred in its
attempt to obtain Owners' compliance with the law or this Agreement.
3.3 Owners acknowledge and agree that City, in exercising its rights and remedies,
shall not be required to provide any further notices or hearings, or secure any warrants or orders
from the Riverside Superior Court, or any other Court, to enter onto the Property to repair or
demolish the structures in accordance with City's default remedies herein.
3.4 The foregoing provisions of this Section 3 are not exclusive but are cumulative
and in addition to all other rights and remedies available under the law and the exercise of one or
more rights and remedies shall not preclude the exercise, at the same or different times, of any
other rights or remedies for the same default or any other default.
SECTION 4. INSURANCE.
Insurance obligations are specified in Section 1.9 above.
SECTION 5. INDEMNIFICATION.
5.1 Owners agree to indemnify City, its officers, agents and employees against, and
will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities of Owners, their agents, employees, subcontractors, or invitees, provided for herein, or
arising from the acts or omissions of Owners hereunder, or arising from Owners' performance of
or failure to perform any term, provision, covenant or condition of this Agreement, whether or
not there is concurrent passive or active negligence on the part of City, its officers, agents or
employees but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of City, its officers, agents or employees, who are directly responsible to City, and in
connection therewith:
(a) Owners will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith; and
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(b) Owners will promptly pay any judgment rendered against City, its officers, agents
or employees for any such claims or liabilities arising out of or in connection with the
performance of or failure to perform such work, operations or activities of Owners hereunder;
and Owners agree to save and hold City, its officers, agents, and employees harmless in such
action or proceeding, including but not limited to, legal costs and attorney's fees.
SECTION 6. RELEASE.
6.1 This release is intended as a release by Owners. No part of this paragraph shall
release any rights or obligations of the parties created by this Agreement, or any rights of the
parties to bring an action for the breach of this Agreement. Owners, on behalf of themselves,
and their representatives, attorneys, successors, and assigns, does hereby release City, City
Council members, managers, officials, boards, commissions, employees, attorneys (including but
not limited to Burke, Williams & Sorensen, LLP and the attorneys therewith), and other Agency
representatives (collectively, the "Released Parties") from any and all claims, actions, causes of
action, including, but not limited to, those claims arising out of, based upon, or relating to the
facts, allegations, or events set forth in the Recitals herein including, but not limited to, any
claims arising out of or in connection with City Council's findings with respect to the Conditions
on the Property, the actions previously brought by City to abate the Conditions on the Property,
or the actions brought by City to demolish the structure on the Property. Owners agree that it is
fully aware of City's abatement proceedings and Owners will bear the risk that the structure will
require demolition upon Owners' default as provided in this Agreement.
6.2 Waiver of Civil Code Section 1542: By releasing and forever discharging claims
both known and unknown as provided herein, Owners expressly waive any and all rights under
California Civil Code Section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH
IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
Owners waive and relinquish any and all rights and benefits which it has or may have
under Section 1542 of the Civil Code of the State of California. Owners have performed a full
and complete investigation of the facts pertaining to this Agreement. Nevertheless, Owners
acknowledge they are aware that they may hereafter discover facts in addition to or different than
those which they now know or believe to be true with respect to the claims, allegations, events
and facts set forth in the Recitals herein, but it is its intention hereby to fully and finally settle
and release any and all matters, disputes, and differences, known or unknown, suspected or
unsuspected, which now exist, may exist, or heretofore have existed, as against the Released
Parties, and in furtherance of this intention, the release herein given shall be and remain in effect
as a full and complete general release notwithstanding discovery or existence of any such
additional or different facts. The parties acknowledge that Owners, by executing this release, are
not releasing City from any potential claim for City's breach of its obligations in this Agreement.
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SECTION 7. MISCELLANEOUS.
7.1 Attorneys' Fees. If any party to this Agreement is required to initiate or defend
any action to enforce the provisions of or remedy the breach of this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief which may be granted, shall be
entitled to recover its reasonable attorneys' fees, both at trial and on any appeal and in any
administrative proceeding. Attorneys' fees shall include reasonable costs for investigating such
action, conducting discovery and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such action
and shall be enforceable whether or not such action is prosecuted to completion.
7.2 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party shall impair such right or remedy or be construed as a waiver. The consent or
waiver of one act or omission shall not be deemed to constitute a consent or waiver of any
subsequent act or omission. Any waiver by any party of any default must be in writing.
7.3 Integration; Amendment. This Agreement contains all of the agreements of the
parties and cannot be modified, terminated or rescinded, in whole or in part, except by an
instrument in writing signed by all parties hereto. No prior oral or written understanding shall be
of any force with respect to those matters covered in this Agreement.
7.4 Notice. Any notice to be given under this Agreement shall be in writing and
given by personal delivery or by depositing the same in the United States Mail, certified or
registered, postage prepaid, to the addresses set forth below, or to such other address as a party
may designate from time to time:
City: City of Palm Springs
Attention: Doug Evans
3200 E. Tahquitz Canyon Way
Palm Springs, California 92263
With a Copy to: David J. Aleshire, Esq.
Burke Williams & Sorensen, LLP
18301 Von Karman Ave., Suite 1050
Irvine, CA 92612
Owners: Jose E. Guerrero
P.O. Box 2815
Palm Springs, CA 92263
Barton Charles Adrian
24120 Adams Avenue
Murritta, CA 92162
Deborah Jo Adrian
24120 Adams Avenue
Murritta, CA 92162
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Notices personally delivered shall be effective upon delivery. Notices delivered by mail,
as provided above, shall be effective forty-eight (48) hours after deposit in the mail. If the
effective date falls on a holiday or weekend, the effective date shall be the next business day
following such holiday or weekend.
7.5 Interpretation and Enforcement; Governing Law. This Agreement shall be
construed and interpreted both as to validity and performance of the parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising
out of or in relation to this Agreement shall be instituted and maintained in the Superior Court of
the County of Riverside, State of California, or in any other appropriate court with jurisdiction in
such county, and Owners agree to submit to the personal jurisdiction of such court.
7.6 Severability. If any term, provision, covenant, or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of the Agreement shall continue in full force and effect, unless and to the extent that
the rights and obligations of any parry would be materially altered or abridged by such
interpretation.
7.7 Independent Contractor. Owners and Owners' contractors are and shall at all
times remain as to City a wholly independent Contractor. The personnel performing the services
under this Agreement on behalf of Owners shall at all times be under Owners' exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Contractor or any of Contractor's officers, employees, or agents,
except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of City. Contractor shall not incur or have the power to incur any debt,
obligation, or liability whatever against City, or bind City in any manner.
7.8 Continuing Benefit. This Agreement is binding upon and shall inure to the
benefit of the parties hereto, their respective agents, employees, representatives, officers,
directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day and year first written above.
The "Owners
JOSE E. GUERRERO
BARTON CHARLES ADRIAN
DEBORAH JO ADRIAN
ATTEST: "City"
CITY OF PALM SPRINGS,
a California municipal corporation
By:
City Clerk Mayor of the
City of Palm Springs
APPROVED AS TO FORM:
City Attorney
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II
EXHIBIT "A"
TO AGREEMENT
[MARCH 11, 1997 NOTICE]
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EXHIBIT "B"
TO AGREEMENT
[JUNE 16, 1998 NOTICE TO ABATE NUISANCE]
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EXHIBIT "C"
TO AGREEMENT
[RESOLUTION 19330 TO BE INSERTED]
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EXHIBIT "D"
TO AGREEMENT
[JUNE 25, 1999 DEMOLITION ORDER]
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EXHIBIT "E"
TO AGREEMENT
[NOTCE TO ABATE NUISANCE]
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EXHIBIT "F"
TO AGREEMENT
[RESOLUTION NO. 196601
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EXHIBIT "G"
TO AGREEMENT
SCHEDULE OF PERFORMANCE
ACTION ESTIMATED COMPLETION
DATE
1. Agreement submitted to City Council for July 5, 2001
approval
2. Payment of$ for the City's costs and Concurrently with the execution of
fees pursuant to Section 1.5 of this Agreement this Agreement
3. Delivery of a copy of the insurance policies, Within five (5) days of the date
pursuant to Section 1.9 of this Agreement owners are issued a permit to
rehabilitate the structure on the
Property or secure the services of a
licensed contractor pursuant to
Section 1.9 of this Agreement,
whichever occurs first
4. Delivery of letter of credit pursuant to Section Within five (5) days of the date of
1.3 of this Agreement this Agreement
5. Submission of architectural approval application Completed as of Effective Date
and plans to the City of Palm Springs Planning
Commission for Rehabilitation Work on the
Property
6. Process and approval of architectural plans by Completed as of Effective Date
City of Palm Springs Planning Commission for
Rehabilitation Work on the Property
7. Submission of structural and building plans to Completed as of Effective Date
the City of Palm Springs Building Division for
Rehabilitation Work on the Property
8. Process and approval of structural and building Completed as of Effective Date
plans by the City of Palm Springs Building Division
for Rehabilitation Work on the Property
9. Issuance of all necessary permits (upon payment July 8, 2001
of all required fees) by the City of Palm Springs
Building Division for Rehabilitation Work on the
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Property
10. Commencement of Rehabilitation Work on the July 9, 2001
Property
11. Completion and final inspection of the December 14, 2001
Rehabilitation Work on the Property
12. Issuance of a Certificate of Occupancy on the 7 days from completion and final
Property inspection
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MINUTE ORDER NO. 6892
APPROVING ENTERING INTO A REHABILITATION
AGREEMENT WITH JOSE E. GUERRERO,
BARTON CHARLES ADRIAN AND DEBORAH JO
ADRIAN REGARDING 2150 NORTH PALM CANYON
DRIVE, ALSO KNOWN AS DESERT MOON.
------------------
I HEREBY CERTIFY that this Minute Order, approving entering into a
rehabilitation agreement with Jose E. Guerrero, Barton Charles Adrian, and
Deborah Jo Adrian regarding 2150 North Palm Canyon Drive, also known as
Desert Moon, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 181h day of July, 2001.
PATRICIA A. SANDERS
City Clerk