HomeMy WebLinkAboutA6903 - LAS PALOMAS PROPERTY TRUST 2016-0582383
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Recorded in Official Records
County of Riverside
FREE RECORDING REQUESTED BY Peter Alldana Iyl�L�ry'
till Assessor-County� �II A!' �Re ar .'I II
AND WHEN RECORDED RETURN TO: � 4� , 1 ,
City of Palm Springs
3200 East Tahquitz Canyon Way R t Exam: (p
Palm Springs, CA 92263-2743 NSIZE
DA PCOR Misc Long RFD 1st Pg adtl Fg Cert CC
Attn: City Clerk
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HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this 7th day of
September 2016 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Las Palomas Property Trust ("Owner").
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 Owners possess fee title in and to that certain real property, together with
associated structures and improvements thereon, generally located at the street
address 928 N Avenida Palmas 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. On January 19, 2011 (the "Approval Date"), the City Council of the City of Palm
Springs ("Council") approved Resolution 22855 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 and the Owners 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.
AGREEMENT
NOW, THEREFORE, the City and the Owner, 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 September 7, 2016 ("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 any 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 serves 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 shall preserve and maintain the characteristics of the cultural
and historical significance of the Historic Property. Attached to this
Agreement 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 shall comply with
these minimum standards throughout the term of this Agreement. In
addition, Owner 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.
4.2 The Owner 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 shall continually maintain the
exterior of the Historic Property in the same condition as documented in
Exhibit "C."
4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or
rehabilitation projects on the Historic Property, as outlined in the attached
Exhibit "D" to this Agreement. All such projects 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 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 Agreement, 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
Agreement.
6. Provision of Information of Compliance. The Owner 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 Agreement; Remedies.
7.1 If the Owner breaches any provision of this Agreement, the City Manager
may give written notice to the Owner by registered or certified mail detailing
the Owner'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 thirty
(30) days and thereafter diligently pursued to completion), the City Manager
may, without further notice, declare THE Owner to be in breach of this
Agreement. Upon the City Manager's declaration of the Owner'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 breached any of the
conditions of the Agreement, the Owner allowed the Historic Property to
deteriorate to the point that it no longer meets the standards for a qualified
historic property, or the Owner failed to maintain and preserve the Historic
Property in accordance with the terms of this Agreement. If this Agreement
is cancelled, under this paragraph, the Owner shall pay 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 breach of
any condition, the City Manager may bring an action in court necessary to
enforce this Agreement including, 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 Building Official more than sixty percent (60%) of the original 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
part by eminent domain or other acquisition by any 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
pursuant to Government Code section 50286 shall be imposed if the Agreement is
cancelled pursuant to this Section.
9. Waiver. The City does not waive any claim of default by the Owner 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 properties 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 City 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. Bindinq Effect of Agreement. The Owner hereby subjects the Historic Property to
the covenants, conditions, and restrictions set forth in this Agreement. The City and the
Owner 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 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 and the Owner hereby declare their
understanding and intent that the burden of the covenants, reservations, and restrictions
set forth in this agreement touch and concern the land in that it restricts 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 restrictions touch and
concern the land by enhancing and maintaining the cultural and historical characteristics
and significance of the Historic Property for the benefit of the public, the City, and the
Owner.
12. Notice. Any 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 any other
address as may be later specified by the parties hereto:
City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Owners: Las Palomas Property Trust
14 Main Street South Unit 505
Kirkland, WA 98033
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 any of their heirs,
successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to
be considered joint venturers or members of any joint enterprise.
14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City
and its elected officials, officers, agents, and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, 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 any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) the Owner'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,
attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected
officials, employees, and/or agents for all legal expenses and costs incurred by each of
them. The Owner's obligation to indemnify shall survive the termination, cancellation, or
expiration of this Agreement and shall not be restricted to insurance proceeds, if any,
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received by the City, its elected officials, employees, or agents.
15. Binding Upon Successors. All of the agreements, rights, covenants, reservations
and restrictions contained in this Agreement shall be binding upon and shall inure to the
benefit of the parties herein, their heirs, successors, legal representatives, assigns and all
persons acquiring any part or portion of the Historic Property, whether by operation of law
or in any manner whatsoever.
16. Legal Costs. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, conditions or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing party in
such proceeding may recover all reasonable attorneys' 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 any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be effected thereby.
18. Recordation. No later than twenty (20) days after the parties execute and enter into
this Agreement, the City shall cause this Agreement to be recorded in the office of the
County Recorder of the County of Riverside. In the event the City fails to record this
Agreement as provided in this Section, the Owner or agent of an owner shall record this
Agreement with Riverside County within six (6) months of entering into the Agreement and
shall file and submit a conformed copy of this Agreement with the City Clerk promptly after
recordation.
19. Amendments. This Agreement may be amended, in whole or in part, only by written
recorded instrument executed by the parties hereto.
20. Governing Law and Venue. This Agreement shall be construed and governed in
accordance with the laws of the State of California. Any action at law or in equity brought
by either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the 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. The Owner shall not receive any payment from the City in
consideration of the obligations imposed under this Agreement. The Owner 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 is the economic advantage that will accrue to the Owner as a result of the possible
effect upon the assessed value of the Property of the restrictions on the use and
preservation of the Property imposed hereunder. The Owner acknowledges that it is not
guaranteed to receive a reduction of property taxes as a result of this Agreement.
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement
on the day and year first written above.
CITY OF PALM SPRINGS, CA (,,kw
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Dated: l3 30kb B
City Manager: Dav ay
APPR V S TO FORM: ATTEST:
City A orney: Dougl s Holland City Clerk: day Thompson
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Dated: I fA f 6 By:
/ Owner: Gus Van Sant
Las Palomas Property Trust
APPROVED BY CITY COUNCIL
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.
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On December 13, 2016, before me, JAMES THOMPSON, 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 131" day of
December, 2016.
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ES THOMPSON, CITY CLERK
City of Palm Springs, California
Title or Type of Document
HISTORIC PROPERTY PRESERVATION AGREEMENT
A6903
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Recorder
PETER ALDANA P.o.sox 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
> ASSESSOR-COUNTY CLERK-RECORDER (951)486.7000
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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):
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notary public or other officercompleting this certificate verifies only the identity of the individual who sign
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who proved to me on .the basis of satisfactory evidence to be the person(s) whose name(s) 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 Csali[omia that the foregoing paragraph
true and correct.LO A
Notary Public ITNESS my hand and official seal
State of Washington
BHUMIKABEN RONAKKUMAR DESAI
My Appointment Expires Aug 15,2018
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Signat Notary Public
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: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
signer's Name: -$igner's Name:
L. Corporate (,X icer— Tifts): — C Corporate Wicer
Partner— LiMited General L Partner— Limited General
I Individual r- Attomev in Fact _; Individual Attorney in Fact
Trustee Guardian or Conservator _ ^, Trustee Guardian or Conservator
Other: Other:
Saner Is Representin Signer Is Representing:
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EXHIBIT A
LEGAL DESCRIPTION
All that certain real property in the County of RIVERSIDE, State of California, described as follows:
LOTS 3, 4, 5 & 6 OF BLOCK B IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 015/055, LAS HACENDITAS 2 , PAGE 1 OF MAPS,
INTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 507-164-001
(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)
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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).
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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)
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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)
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