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Home My WebLink About0164C - NORTH PALM CANYON PLAZA PARTNERSHIP North Palm Canyon Plaza P/Ship owner-particip agr for improv at 174 N. Palm Cnyn Dr, PAlB5 AGREEMENT #164 Resolution 458, 2-18-87 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into this 18th day of _ February 1987 , by and between the REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency") and NORTH PALM CANYON PLAZA PARTNERSHIP (the "Partnership") . RECITALS 1. The purpose of this Agreement is to effectuate the Redevelopment Plan (the "Redevelopment Plan") for the Central Business District Redevelopment Project (the "Project") , adopted by the City Council of the City of Palm Springs by Ordinance No. 952 on July 27, 1973. 2. Partnership governs certain real property (the "Site") within the project area ("Project Area") for the Project. The site is shown on the map attached hereto as Exhibit A and incorporated herein by reference. 3. The purpose of this Agreement is to ensure the installation of certain improvements by the Partnership in relation to the approval of certain changes by the City and Agency. AGREEMENTS NOW, THEREFORE, THE AGENCY AND THE PARTNERSHIP AGREE AS FOLLOWS: 1. This Agreement shall include the Site, which is owned by the Partnership, as of the date of this Agreement, as shown on Exhibit A. 2. The Partnership agrees to prepare plans for the upgrading of parking areas, walkways, and landscaping on the Site and make diligent efforts to have said plans approved in a timely manner by the City of Palm Springs Planning Commission. The upgrading of parking areas, walkways, and landscaping pursuant to plans approved by the Planning Commission shall be completed within one year of the approval of this agreement. 3. Due to the addition of a new tenant space on the Palm Canyon Drive frontage of the Site, known as the Rainbow Ice Cream Parlor, the Site has a requirement for three additional parking spaces. The Partnership agrees within one year of the approval of this Agreement to meet this requirement in one of the following methods: a. the increase in the total number of spaces on the site by three spaces as part of the upgrading of parking areas; or b. the physical removal of building area on the site in an amount equal to the new tenant space; or c. the reduction in the amount of restaurant seating on the site by nine seats; or d. any combination of the above subject to review and approval by the Planning Division. 4. The Partnership shall post a cash bond in the amount of $3,000 with the Agency concurrent with its approval of this Agreement. If the requirements of Sections #2 and #3 of this agreement are met within the prescribed time period, the bond shall be refunded upon their completion. If the requirements are not met within the prescribed time period, the bond shall be forfeited to the Agency. 5. The provisions of the previously approved Participation Agreement #36 regarding the north parking lot shall remain in effect as long as that facility remains in temporary development standards. 6. The Partnership, or it' s successors, agrees that the improvements on the Site shall continue to be well maintained in a manner at least consistent with their conditions as of the date of this Agreement. 7. 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. 8. 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. 9. 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 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 selections, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein leased, nor shall the lessee 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 selections, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property herein leased. " c. In contracts: "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 property, nor shall the -2- 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 selections, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property. " 10. 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. NORTH PALM CANYON PLAZA NERSHIP 1 By to -- A HUR IEDMA , General Partner ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA B By '---'Assistant Secretary Chairr REVIEWED AND APPROVED:` /1-A13y2_ ho A:It-lao`n,cry � l 11'r E EvIiVa�B:a�'D k rl "r A,CWNf I Pit PEP. 430. �t d -3-