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Home My WebLink About00155C - PS SURGERY CENTER PARTICIPATION AGR P.S. Surgery Center - owner partic agr for prop at 1178- OWNER PARTICIPATION AGREEMENT 1196 NPC & 1189-1199 N. Indian AGREEMENT #155 Resolution 428, 6-4-86 THIS AGREEMENT is entered into this 5th day of June , 1986, by and between the REDEVELOPMENT AGENCY OF TI4E CITY OF PALM SPRINGS (the "Agency") and PALM SPRINGS SURGERY CENTER BUILDING, A CALIFORNIA LIMITED PARTNERSHIP (the Partnership) . Recitals A. The purpose of this Agreement is to effectuate the Redevelopment Plan ( the "Redevelopment Plan") for the North Palm Canyon Redevelopment Project (the "Project") , adopted by the City Council of the City of Palm Springs by Ordinance No. 1227 on October 19, 1984. B. Partnership governs certain real property (the "Site") within the project area (the "Project Area") for the Project. The Site is shown on the map attached hereto as Exhibit A and incorporated herein by reference. C. The purpose of this Agreement is to assure the Partnership of certain rights with respect to the Site. Agreements NOW, THEREFORE, THE AGENCY AND THE PARTNERSHIP AGREE AS FOLLOWS: 1. This Agreement shall include the Site, which is being purchas!Site by the Partnership, as of the date of this Agreement, as shown on ExhibiA. 2. The Agency agrees that so long as the Partnership owns the andthe improvements on the Site are used for sia not exercise its power of eminent domain, as permitted under the mmunity �� Redevelopment Law (Health and Safety Code Section 33000 et. seg. ) and the Redevelopment Plan to acquire the Site from the Partnership. 3. The Partnership agrees that so long as it owns the Site, the improvements on the Site shall continue to be well maintained in a manner at least consistent with their condition as of the date of this Agreement. 4. The Partnership agrees and covenants to devote the Property to the uses specified in the Redevelopment Plan and to comply with all other provi- sions and conditions of the Redevelopment Plan for the period of time the Redevelopment Plan is in force and effect. 5. The Partnership covenants and agrees that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Partnership establish or permit any such practice or practices of discrimination or segregation with reference to the selections, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 6. The Partnership shall refrain from restricting the rental , sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses. a. In deeds; "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimina- tion against or segregation of, any person or group of persons r s on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupany of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenants shall run with the land. " b. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein leased, nor shall the lessee himself, or any person claiming through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupan- cy of tenants, lessees, sublessees, subtenants or vendees in the property herein leased. " c. In contracts: "There shall be no discrimination against or segregation of, any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of dis- crimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property. " 7. As used in the Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. 8. If the Partnership does not comply with the terms of this Agreement, the Agency may acquire the Site by any lawful means, including eminent domain, for its fair market value as of the date of this Agreement. COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA d',VVROVrl BY 7(1F COMMA-mirr unmr. ,. ., ,,... u , } Chai rma By '�- APPP'ClVCD S Fd�Fl ! /, __L Secretary ':' "Agency" xsl Attorney - y PALM SPRINGS SURGE . CENTER BUILDING, Date' — A CALIFORNIA LIMIT,b PARTNERSHIP By �J �t4ti�L. v Ynr SIN' �_ MARK A. `SMITH, M.D. Generil Partner -2- r F] sw)ur-Nl 1 :.... I ..eo 1 . ..,.>• nf' .e' ( n' � s.nr'a� , 3 3-err. r l CJCXMIIV0 M[J/f1 ,= VIST1i l Jr• /.I Ara�a/ IN'1//�I c ,+N' ; :.. ,"• rr a .ra 1r/I rr I��ri THE P I) I nrN „ r.x-.il-m• "l P �[+f ro>.9 rot NlaN a« I • I /,/. � � ; fpAlJw/ • /rI /r/.uI' ./. . ._ _ __ "� _iw_, r .ve_ _ N I r m R /r of .l • wlu lw MiW J 1 I • �' r rrrN mr � "'I Y I N n I . I .f n n ui > to ` MEL—AVE 4^9r, _ „ -- --- - - a7� C.1 r _� irn-j��•is� r`iir:< [r �I t1Q nol I a� � i I. Nr rn•Nr fN-q/ .01 � ! ; bl,tr r r!} y )sr 1. • � • 'Y In 11• If I/'�/r I[/ el xi - �rr IIL - 11111111111111d11111111111� —PASED-EL— KL-' I N•• NI NIr ' I n'� rin ; N'I r/'I r, lu' 1 rr 1 1 1 I ' I 1 I I 1 7 Iw Y [r Tr \ /• I� /< �� /{ �K'\ /r'! /I'\ /1��.ro l• f/1`lrj I •... « !aJ ZIr eo1 - -' I 1 I 1 I 1 I 1� I I� /�.` P/• I I� I I�t /• I THE SITE 1 I I 1 *w_ � f I I I I 1 I �/{ Xlii�fi I I I , 1 / i j rry Nr NI � 1 1 I r Irk llf./o1 r1 wN• tH 1 I ";" -- o - ACHEVA -DR - w; a IVP Nr-n"b nr .. /r"r /n I. I rrro• mu 1 n«' p' I n/✓' 4n 1•.{.14 r ilk •r / it Q wf t JI Ar 2 r�eK � � x«'r.�.n 2 I F { l • � 1>Ir' I /Ivrlr y 31 • i / S 2 -rI rr 2 �w n: nl n vl = - jl+ra - - �M IY.r•rri .' - _ � it f ! / � � � f � C' �rli. / = tLI.J I- r«.•u 1 I /uN• vsr nxf/' _ n>r• . � 1 r ur+I `^ S tx rn`'r.l� 3 r/sear y < i • i � i { :� • I I xlf' J =-ln- li u 1'IM•M' ql,Y/'NI _L%l,/.//2 NI Ir,.r I . I \'r LJ1 ALAMEDA- Nf N' w;` Ili ______ M I/I iti 2 cr rl } E r f 4 -., EXHIBIT A /_o