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HomeMy WebLinkAboutA7107 - RICHARD & FELISSA GERO - PARK SOUTH HOA 2018-0143716 04/13/2018 01:29 PM Fee: $ 0.00 FREE RECORDING REQUESTED BY Page 1 of 18 AND WHEN RECORDED RETURN TO: Recorded in Official Records City of Palm Springs County of Riverside Peter Aldana 3200 East Tahquitz Canyon Way Assessor-County Clerk-Recorder Palm Springs, CA 92263-2743 'III VIM,WSR11}�IS�� �'I III Attn: City Clerk 4046 HISTORIC PROPERTY PRESERVATION AGREEMENT A7107 This Historic Property Preservation Agreement ("Agreement") is made this 21 st day of February, 2018 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Richard Gero ("Owner') and Felissa Gero ("Owner') Park South Homeowners Association ("HOA"). RECITALS: A. California Government Code Sections 50280, et seq. (the "State Law'), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance. B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1776 S Araby Drive Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference. C. HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property's building exteriors and grounds. D. On October 5, 2016 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 24114 designating the Property a Class 1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code (the "City Code"). E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community's own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom. 1 AGREEMENT NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on February 21, 2018 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement. 2. Non-Renewal and Cancellation. If either the Owner or the City_ desire in anv year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner. the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred). 3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date. withdraw its Notice of Nonrenewal. 4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions: 4.1 The Owner and the HOA shall oreserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Aareement as Exhibit "B". is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throuahout the term of this Agreement. In addition. Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect. preserve, restore. and rehabilitate the Historic Property so as to maintain its historical and cultural significance. 2 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior's Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C" to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit"G." 4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Aqreement. All such oroiects shall be undertaken and completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation. Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines. 4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way. 5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Aqreement, and every five years thereafter, the City Manager of the City or the City Manager's designee (the "City Manager") shall inspect the interior and exterior of the premises to determine the Owner's compliance with the terms and provisions of this Aqreement. 6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager. which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 7. Breach of Aqreement: Remedies. 7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manaqer may qive written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirtv (30) days and thereafter diligently pursued to completion), the City Manager may. without further notice. declare The Owner and/or HOA to be in breach of this Aqreement. Upon the City Manager's declaration of the 3 Owner's and/or HOA's breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. 7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a aualified historic Droperty. or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled. under this Daraaraph. the Owner shall Dav a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286. 7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA's breach of any condition, the City Manager may bring an action in court necessary to enforce this Aareement includina. but not limited to. an action to enforce this Agreement by specific performance. injunction. or receivership. 8. Destruction of Property Eminent Domain: Cancellation. If the Historic Property is destroyed by earthquake, fire. flood. or other natural disaster such that in the opinion of the City Buildina Official more than sixty Dercent f60%) of the oriainal fabric of the structure must be replaced. this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in Dart by eminent domain or other acquisition by anv entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee Dursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 9. Waiver. The City does not waive anv claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic DroDerties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the Citv Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions.. and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants. conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and 4 HOA's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract. deed or other instrument. 11. Covenants Run with the Land. The City, the Owner. and the HOA hereby declare their understanding and intent that the burden of the covenants. reservations. and development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants. reservations and historical characteristics and sio_nificance of the Historic Property for the benefit of the public. the City. the Owner. and the HOA. 12. Notice. Anv notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at anv other City: City of Palm Springs Office of the City Clerk Palm Springs, CA 92263 V�Iyll(:r1 ji. iii\.Hr�irU v�ry Felissa Gero 1776 S Araby Drive Haim Springs. GA 92264 HOA: Barry Schweiger Board President GIU yvn,tebtar Manaaement 71687 Highway 111, Suite 102 Rancho Miraae. CA 92270 13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and anv of their heirs. successors, or assions. nor snail such terms, provisions, or conditions cause the parties to be considered ioint venturers or members of anv joint enterprise. 14. inoemnity or unv. i ne uwner and riuA shall oetena. inoemrnrv. ano noia harmless the City and its elected officials. officers, agents. and employees from any actual or ailegea claims, aemanas. causes of action. liability. loss. damage. or iniury rc! nrooprnr or persons. inc;luaino wronatui aeatn. whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation. the payment of all penalties. fines, judgments. awards. decrees_ attornevs' fees. and related costs or expenses. and the reimbursement of Citv. its elected officials. employees, and/or agents for all legal expenses ana costs incurrea ov eacn or tnem. The Owner's and HOA`s obbaation to indemnity shall survive the termination. cancellation. or expiration of this Agreement and shall not be restricted to insurance Droceeas. It anv. received by the Uty. its eiectea oftciais. employees. or agents. 15. Bindina Upon Successors. All of the aareements. rights. covenants. reservations and restrictions contained in this Aareement snail be bindina uDon and snail inure to the oenetit of the Darbes herein. their heirs. successors. leaai reDresentatives. assigns ana all Dersons acquiring anv Dart or portion of the Historic Propertv. whether by operation of law or in anv manner whatsoever. 16. Legal Costs. In the event leqal proceedings are brouqht bV any party or parties to enforce or restrain a violation of anv of the covenants. conditions or restrictions contained herein. or to determine the riahts and duties of anv Dartv hereunder. the prevailinq Darts in such Droceedina may recover all reasonable attornevs' fees to be fixed by the court. in addition to court costs and other relief ordered by the court. 17. Severability. In the event that anv of the provisions of this Agreement are held to be unenforceable or invalid by anv court of competent iurisdiction. or by subseauent ,raemnnve iemsiation. the vaiiairy and enrorceaDionv of the remairnno provisions. or portions thereof. shall not be effected thereby. 18. Recordation. No later than twentv (20) days after the Darties execute and enter into this Agreement. the Citv shall cause this Aareement to be recorded in the office of the Countv Recorder of the Countv of Riverside. In the event the Citv fails to record this Aareement as Drovided in this Section. the Owner or anent of an owner shall record this Agreement with Riverside County within six (6) months of enterinq into the Aareement and shall file and submit a conformed coot/ of this Aareement with the Citv Clerk oromotiv after recordation. 19. Amendments. This Aareement may be amended. in whole or in part, only bV written recorded instrument executed by the Darties hereto. 20. Governinq_Law_and Venue. This Aqreement shall be construed and governed in accordance with the laws of the State of California. Anv action at law or in equity brouaht by either of the Darties hereto for the DurDose of enforcinq a right or rights provided for by this Aqreement shall be tried in a court of competent iurisdiction in the 6 County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Propertv of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not Guaranteed to receive a reduction of property taxes as a result of this Agreement. SIGNATURES ON FOLLOWING PAGE 7 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, a Charter City and Municipal Corporation Dated: W ll B . / City Manager: David H. ady APP S TO RM: ATTEST: v City Attorney: Edward Kotkin C lerk: Anth ny Me" M z. . Dated:�/� /�;� By: Ow er: Richard Gero Dated: m w—cV, n Owner: Felissa Gero Dated: By: arry Schweiger, Board President AppROVED 8y CITY COUNCIL TL� t� �lal,►g A�t01 g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California ) Countv of LO s.a.✓GO_1Ie f ) On 03 /2/�.t � _before me; r ? �• l�J�.t� /� /P/ il2�L ate Here Insert Name and Title of the Officer personally appeared �e7ascPf9 se�uLL�/Cf1Z Name,(sf of Signer who proved to me on the basis of satisfactory evidence to be the person(whose nam491 is/afie subscribed to the within instrument and acknowledged to me that he/shcAhey executed the same in his/herl"r authorized capacity(**),and that by his/herAkeir signaturepyon the instrument the person(>; or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MW�I DJACOBSON�X WITNESS my hand and official seal. ` Cortxnisaion i 213MOI ji Notary Public-Caftmia Log Angeles Ctiurry Signature My Comm.F_*=Nov It,20t8 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifiesonly the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of Califo ) County of rn �v5 L ) On 1,n w-c-L 1 7, ZtX before me, VVG�7�N� �•ic N�5 �1 d Ji W ,��b�i C Date r r / Here Insert N e and Title offt the Officer personally appeared JZ; c P`�10 s5G— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California th, t the foregoing paragraph is true and correc % �� Tp,NAEL"JACQUES�' ' Comm.#2159005 x WITNESS my d and off ' seal. l a+ a NotON Public-C011fofnl0 € s RNetslde County Z Nty CommlWon l ttplteS N Signature ,�,�� C IIFOPM! July upn2020 gnature f N Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): D Corporate Officer—Title(s): ❑ Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 9 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) SS. City of Palm Springs ) On April 11, 2018, before me, ANTHONY J. MEJIA, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 11t" day of April, 2018. iy V U • h # ryC 'o i C �9h09hh0 P Signature: q<)FORN� TrN ON J. EJI y Title or Type of Document Historic Property Preservation Agreement EXHIBIT A LEGAL DESCRIPTION PARCELS 1 THROUGH 32, INCLUSIVE, AS SHOWN BY RECORD OF SURVERY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 32, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. PARCEL 14 OF PARCEL MAP NO. 30292 RECORDED ON APRIL 6, 2004, AS DOCUMENT NO. 2004-0244138 IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. APN: 510-070-014-3 LO EXHIBIT B MAINTENANCE STANDARDS (Section 4.1) All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement ("Agreement') shall be maintained in good condition throughout the term of this agreement. All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee. All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character-defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer). 11 EXHIBIT C EXISTING CONDITIONS (Section 4.2) (Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262) 12 EXHIBIT D SPECIFIC PROJECTS (Section 4.3) (Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262) 13 or elvt, PETER ALDANA P.O.Boxr751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR—COUNTY CLERK—RECORDER (951)486-7000 ✓s j,p�" w .riversideacr.com h�vey ct E4� CERTIFICATION Pursuant to the provisions of Government Code 27361 .7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page number(s) and wording below): �25�r� c�lvtiS aye 5vcN Div � �r eeme�� -�ov c1n av\,6 Coy\ Cet,n tie Lqv, �v, _\-1nckt r eS -. k' VhS A_Ovc,ln a v, c CUh Cerv\ ti e \,av, �0:1 e n hay Cy►J a v` aN:VI ;-T -� C C U tv fo, l a vi 6 ac�cress 014...) w► a,� c Ve6\6le� ark\es 14) e ce-�o e vdA\ ���� Cr �Oaea\o'k �-- O �- AV e `c'eW&\ VIIvtq (-o V�S10lis ( G C �`J1 Date: Signature: Print Name: a�d `VWS �t IF ACR 601(Rev.09/2005) Available in Alternate Formats