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HomeMy WebLinkAbout0176C - FRANCES WINTER - EMINENT DOMAIN 141 CAHUILLA PA5B1 Frances Winter PA5B1 - 141 S. Cahuilla exmp from Emin Domain AGREEMENT AGREEMENT #176 Res 526, 5-4-88 THIS AGREEMENT is entered into this ri 3 day of 1988, by and between the REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency") and FRANCES WINTER. Recitals A. The Redevelopment Plan (the "Redevelopment Plan") for the Oasis Redevelopment Project (the "Project") was adopted by the City Council of the City of Palm Springs by Ordinance No. 1224 on June 27, 1984 . B. Frances Winter, individually and as executor of the estate of Florence M. Winter, deceased, is the owner of 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 Frances Winter of certain rights with respect to the Site in settle- ment of that certain civil action entitled Frances Winter etc. v. Redevelopment Agency Qf the City Qf Palm Springs, et al . , Riverside County Superior Court No. 165359 . Agreements NOW, THEREFORE, THE AGENCY AND FRANCES WINTER AGREE AS FOLLOWS: 1. This Agreement shall include the Site, which is owned by Frances Winter, as of the date of this Agreement, as shown on Exhibit A. 2. The Agency agrees that so long as Frances Winter is the owner of the Site, and as otherwise more particularly set forth in this Agreement, the use of the improvements on the Site as a single-family residence shall be deemed to be an existing non-conforming use and permitted under the Redevelopment Plan. As used in this Agreement, Frances Winter-shall be deemed to be the owner of the Site if Frances Winter transfers title of the Site to a trust of which she is the primary beneficiary or if Frances Winter owns a fee simple interest in the Site as a joint tenant with a third party. 3 . The Agency further agrees that so long as Frances Winter is the owner of the Site, and as otherwise more par- ticularly set forth in this Agreement, the Agency shall not exercise its power of eminent domain, as permitted under the Community Redevelopment Law (Health and Safety Code Section 33000 _et sea. ) and the Redevelopment Plan, to acquire the Site from Frances Winter. 4 . The Agency shall have a right of first refusal to purchase the Site as follows: a. In the event Frances Winter receives from any third party a proposal in writing to purchase the Site, the terms of which Frances Winter is prepared to accept, Frances Winter shall notify the Agency in writing of such price and any terms and conditions in connection with such offer. The Agency shall have a right of first refusal for a period of thirty (30) days after receipt of Frances winter ' s notice (the "Notice Period") in which to notify Frances Winter in writing whether it agrees to purchase the Site for the same price and on the same terms and conditions as the offer made by the third party. During such Notice Period, Frances Winter agrees that she shall not accept any offer to purchase from any third party. If Agency does not notify Frances Winter within the Notice Period that it agrees to purchase the Site, Frances Winter shall thereafter have the right to sell and convey the Site within sixty (60) days after the expiration of the Notice Period to any third -2- • party on the same terms or better as those stated in the notice. b. If Frances Winter does not sell and convey the Site to such third party within sixty ( 60) days after the expiration of the Notice Period, any further transaction shall be deemed a new determination by Frances Winter to sell and convey the Site and all provisions of subsec- tions a. and b. , above, shall be applicable. C. The Agency shall continue to have a right of first refusal to purchase the Site for a period of six (6) months after the death of Frances Winter as set forth herein. The executor or administrator of Frances Winter ' s estate or any other person or entity acting in such capacity who receives from any third party within six (6) months after the date of Frances Winter ' s death a proposal in writing to purchase the Site, the terms of which the administrator or executor or other person or entity is prepared to accept, shall notify the Agency in writing of such price and any terms and conditions in connection with such offer. The Agency' s right of first refusal, if exercised by the Agency, shall be exercised in the manner set forth in subsection a . , above. If the Agency does not exercise its right of first refusal and the estate of Frances Winter does not sell and convey the Site to a third party within sixty (60) days after the expiration of the Notice Period, any further transaction shall be deemed a new determination by the estate of Frances Winter to sell and convey the Site and all provisions of subsections a. and b. , above, shall be applicable. d. The Agency agrees that it shall not commence eminent domain proceedings to acquire the Site, if at all, for a period up to and including sixty (60) days from the date of the death of Frances Winter (the "Waiting Period" ) . Thereafter, the Agency shall have the right to commence eminent domain proceedings at any time for a period of -3- six (6) months after the expiration of the Waiting Period; provided, however, that the Agency shall not commence eminent domain proceedings if it has received a notice in writing from the executor or administrator of Frances Winter ' s estate or any other person or entity acting in such capacity of a proposal to purchase the Site, as set forth in subsection c. , above. In such event, the Agency further agrees it shall not have the right to commence eminent domain proceedings unless the Site is not purchased by a third party within the time period set forth in subsection c. , above. In the event Frances Winter has fully complied with the terms of this Agreement and the Agency is exercising its right to acquire the Site by eminent domain after the death of Frances Winter from her estate as set forth herein, Frances Winter agrees that her estate shall not contest the right of the Agency to acquire the Site by eminent domain. In such event, the Agency may acquire the Site for its fair market value as of the date of acquisition. 5 . If the Agency does not exercise its right of first refusal to purchase the Site pursuant to the provisions of Section 4 , above, and the Site is thereafter sold to a third party in the manner set forth in Section 4, above, or if the Agency does not exercise its right of eminent domain pursuant to the provisions of Section 4 .d. , above, the Agency shall be deemed to have waived its right to exercise its power of eminent domain to acquire the Site. 6 . Under the Redevelopment Plan, the Agency' s authority to acquire property by eminent domain expires on June 27, 1995 . In the event the Agency amends the Redevel- opment Plan, which amendment includes an extension of the period in which the Agency would be authorized to acquire property by eminent domain, Frances Winter agrees that she will not challenge, either directly or indirectly, such -4- i i extension. This provision shall not be construed as a waiver by Frances Winter of her right to challenge any other provisions of such amendment to the Redevelopment Plan on any other grounds . 7. Frances Winter agrees that so long as she is the owner of the Site, the improvements on the Site shall con- tinue to be well maintained in a manner consistent with their condition as of the date of this Agreement. So long as she is the owner of the Site, Frances Winter shall be permitted to remodel or upgrade the improvements on the Site, so long as such remodeling or upgrading shall not include any expansion of the existing improvements . In the event the improvements on the Site are partially or totally destroyed, Frances Winter shall be permitted under this Agreement to rebuild or reconstruct the improvements on the Site to a comparable level of quality and size existing prior to such destruction. a . Except as otherwise provided in this Agreement, Frances Winter agrees and covenants to devote the Property to the uses specified in the Redevelopment Plan, to the extent they are consistent with the City' s present zoning ordinances, and to comply with all other provisions and conditions of the Redevelopment Plan for the period of time the Redevelopment Plan is in force and effect . Notwith- standing the foregoing, Frances Winter or her successors in interest shall not be required to obtain any additional approvals of the Agency for any proposed development of the Site so long as such proposed development is consistent with the Redevelopment Plan and the zoning for the Site and all normal City approvals are obtained. In the event Frances Winter or her successors in interest develop the Site in a manner consistent with the Redevelopment Plan and zoning for the Site, the Agency agrees it shall not exer- cise its power of eminent domain to acquire the Site. -5- 9 . Agency agrees that any redevelopment projects on properties adjacent to the Site shall be developed with appropriate, high-quality landscaping and/or fencing between such property and the Site and that the properties adjacent to the Site shall not be used in any manner which would unreasonably interfere with the quiet use and enjoyment of the Site (for example as a dump site, staging area for con- struction materials, etc. ) , whether temporary or not, except as may be necessary to allow for construction on those prop- erties adjacent to the Site. 10 . Frances Winter covenants and agrees for herself, her successors, her assigns and every successor in interest to the property, or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, reli- gion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Frances Winter herself, or any person claiming under or through her, 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. 11. Frances Winter 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 -6- shall be no discrimination against or segre- gation 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 discrimina- tion or segregation with reference to the selection, location, number, use or occupancy 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 per- mit any such practice or practices of discrimination or segregation with reference to the selection, location, -7- number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the property herein leased. " C. In contracts : "There shall be no discrimi- nation against or segregation of , any per- sons or group of persons on account of race, color, creed, religion, sea, 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 discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property. " 12. This Agreement shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit any mortgage or deed of trust obtained by Frances Winter and secured by the Site. In addition, nothing in this Agreement shall be construed to limit the right of Frances Winter to lease the Site. 13 . 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 . 14 . If Frances Winter 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 . 15 . Either party hereto may bring an action in law or in equity, including injunctive relief, against the other party hereto for the enforcement or declaration of any right or remedies in or under this Agreement. In that event, the -S- prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court including, but not limited to, attorneys ' fees . 16_ Formal notices, demands and communications between the Agency and Frances Winter shall be sufficiently given if sent by registered or certified mail, postage prepaid, return receipt requested, to the Agency and Frances Winter at the addresses set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time-to- time designate by mail. AGENCY: Redevelopment Agency of the City of Palm Springs 3200 East Tahquitz-McCallum Way P. O. Box 1786 Palm Springs , CA 92263-1786 Attn: Redevelopment Director FRANCES WINTER: Frances Winter 904 North Rexford Drive Beverly Hills, CA 90210 Copy To: Lawrence F. Meyer, Esq. Greenwald, Hoffman & Meyer 3345 Wilshire Blvd. , Suite 1106 Los Angeles, CA 90010 17. The terms of this Agreement shall be binding upon the Agency and .its successors in interest . 18 . Agency agrees to pay Frances Winter ' s attorneys ' fees in the amount of TEN THOUSAND DOLLARS ($10,000) for Frances Winter ' s costs associated with Frances Winter, etc. , v. Redevelopment Agency _Qf the City Df Palm Springs, et al. , Riverside County Superior Court No. 165359 . 19 . This Agreement is expressly conditioned and shall be effective only upon the filing of a dismissal with pre- judice as to all defendants of the action entitled Frances -9- r Winter, etc. , v. Redevelopment Agency Qf the City gQ. Palm Springs, et al . , Riverside County Superior Court No . 165359 . REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By Chai man By r A P 1 � •, i4 � <; 4i Secretary "AGENCY" , .�, i ty A .- FRANCES WINTER, Individually and As Executor Q,[l of the Estate of Florence M. 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