HomeMy WebLinkAbout12/13/2017 - STAFF REPORTS - 1.Q. r QALM SAQ
�Z
h C
u a
*
C NCO `O`9' ; CITY COUNCIL STAFF REPORT
q<lFORN�P a
DATE: December 13, 2107 CONSENT AGENDA
SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE
LOCATED AT 1849 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE
(HSPB #93/HD-5).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is a request for the City of Palm Springs to enter into a standard Mills Act
Agreement with Adhir Kalyan and Emily Wilson, and the Sandcliff Homeowners
Association. The intent of this contract is to require maintenance and preservation of
this Class 1 historic site in exchange for possible property tax relief as determined by
Riverside County (APN #510-040-010).
RECOMMENDATION:
1. Approve a Mills Act Historic Property Agreement between the City of Palm
Springs, Adhir Kalyan and Emily Wilson and Sandcliff Homeowners
Association, for 1849 Sandcliff Road, a Class 1 Historic Site (HSPB #93/HD-
5).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On February 03, 2016, the City Council designated Sandcliff Community a Historic
District (HSPB #93/Historic District #5). Sandcliff Garden Homes Historic District is
comprised of forty residences clustered around common amenities and open space. As
such, each of the forty units is deemed "contributing" and is therefore subject to Class 1
regulations and is also each qualified for application for a Mills Act Historic Property
Preservation Agreement.
Pursuant to California Government Code Sections 50280 — 50290, upon the application
ITEM NO,�
O�PALMsp4
iy
� O
V N
+ '°''°°• CITY COUNCIL STAFF REPORT
cql/FORN�p
DATE: December 13, 2017 CONSENT AGENDA
SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE
LOCATED AT 1849 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE
(HSPB #93/HD-5).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is a request for the City of Palm Springs to enter into a standard Mills Act
Agreement with Adhir Kalyan and Emily Wilson, and the Sandcliff Homeowners
Association. The intent of this contract is to require maintenance and preservation of
this Class 1 historic site in exchange for possible property tax relief as determined by
Riverside County (APN #510-040-010).
RECOMMENDATION:
1. Approve a Mills Act Historic Property Agreement between the City of Palm
Springs, Adhir Kalyan and Emily Wilson and Sandcliff Homeowners
Association, for 1849 Sandcliff Road, a .CJass 1 Historic Site (HSPB #93/HD-
5).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On February 03, 2016, the City Council designated Sandcliff Community a Historic
District (HSPB #93/Historic District #5). Sandcliff Garden Homes Historic District is
comprised of forty residences clustered around common amenities and open space. As
such, each of the forty units is deemed "contributing" and is therefore subject to Class 1
regulations and is also each qualified for application for a Mills Act Historic Property
Preservation Agreement.
Pursuant to California Government Code Sections 50280 — 50290, upon the application
ITEM NO. -1•Q+
City Council Staff Report
December 13, 2017— Page 2
Mills Act Agreement— 1849 Sandcliff Road
of an owner of any qualified historic property, the legislative body of a city may contract
with the owner or agent to restrict the use of the property to carry out the purposes and
goals of historic preservation of the property. Such a contract is commonly referred to
as a "Mills Act Agreement" and it provides for possible alternative property tax rate
calculations in exchange for specific and ongoing preservation and maintenance of the
property, specifically its historically significant elements and characteristics.
The property at 1849 Sandcliff Road has been deemed a "contributing structure" within
the Sandcliff Garden Homes Historic District. Pursuant to Municipal Code Section
8.05.125, contributing structures in a historic district are subject to Class 1 regulations
and are designated Class 1 historic sites. California Government Code Section 50280.1
denotes that properties that are eligible for application of a Mills Act contract must be
listed in a state, city, or county official register of historic sites. As such, the property at
1849 Sandcliff Road is qualified for a Mills Act Contract.
At Sandcliff Garden Homes Historic District, routine maintenance and upkeep of the
building exteriors and grounds is a shared responsibility of the homeowners association
(HOA) and the individual unit owners. Because of this shared responsibility, the Mills
Act Agreement in this particular case has been drafted with both the homeowner and
the HOA as parties to the agreement. If other individual homeowners at the Sandcliff
Garden Homes Historic District wish to pursue a Mills Act Agreement in the future, the
same contractual arrangement would apply.
FISCAL IMPACT: None
There is no known fiscal impact upon the city as a result of this recommended action.
Flinn Fagg, AICP M Ar Fuller, E., M.P.A., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready,
City Manager
Attachments:
1. Vicinity Map.
2. City Council Minutes Excerpt: February 3, 2016.
3. Letter from Ahir Kalyan and Emily Wilson (owners), dated 10/24/2017.
4. Homeowners Association letter of support, dated 10/25/2107.
5. Exterior Photo
6. Historic Property Preservation Agreement.
02
y
F pPLM gp -
N Department of Planning Services
W E
.ro Vicinity Map
Cq!l FOaN�P
� U I
Po
a _R3
I
CSC
SANDCLIFF RD
L I LtrA�
v �
Ryas G
a n
I z � I
o J
MORONGO TRl z
If4 i (a
'O
LU
J F'
R`
r
Legend
R7B
®Site
z
500' Site Radius
❑Zoning — -- ...
Parcels
{
i
CITY OF PALM SPRINGS
1849 SANDCLIFF ROAD
03
A. CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
* 3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
<tFOB
(760) 323-8204
4 ��
EXCERPTS OF MINUTES
At the City Council meeting of the City of Palm Springs held February 3, 2016, the
City Council took the following action_
1.A. DESIGNATION OF THE SANDCLIFF GARDEN APARTMENT HOMES
LOCATED AT 1800 SOUTH BARONA ROAD AS A HISTORIC
DISTRICT(CASE HSPB 93 / HD 5):
Flinn Fagg, Director of Planning Services, provided backgrounc
information as outlined in the staff report dated February 3, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
RON MARSHALL, Applicant, commented on the process with the owners
for the designation, and requested the City Council approve the
designation.
JACK WEBSTER, no information has been provided by Sandclif
Condominiums, stated photos of his home and vehicle were in the files a:
a public document, and requested the City Council postpone the hearinc
and meet with all homeowners.
KITTY MAHON, commented on the design of Sandcliff Condominiums, the
condition of the property, stated the owners are generally in support of the
designation, and requested the City Council support the designation.
ALLEN WORTHY, stated the property does not warrant the historic
designation.
No further speaker coming forward, the public hearing was closed.
Councilmember Roberts questioned the process of the designation and
the impact of a designation.
Councilmember Kors stated he toured the property and stated the
property meets the criteria of historic designation.
Mayor Moon stated he visited the site and appreciated the work done by
the HSPB, and stated his support for the designation. 04
ACTION: Adopt Resolution No. 23963, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A
CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR
PROPERTY LOCATED AT 1800 BARONA ROAD (CASE 931 HD 5)
Motion Councilmember Kors, seconded by Councilmember Roberts
and unanimously carried on a roll call vote.
1, CYNTHIA A. BERARDI, Interim Chief Deputy City Clerk of the City of Palm Springs,
hereby certify that the above action took place at a regular meeting of the City Council
held on the 3rd day of February,2016_
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
05
October 24, 2017
Dear Mr. Fagg,
We are the homeowners of 1849 Sandcliff Road, Palm Springs, CA 92264. Our home is one of
the structures within the Sandcliff Historic District. I am writing today to please request that the
city initiate the Mills Act process with us and the Sandcliff Homeowner's Association
(HOA). Please feel free to contact me to collect the application fee. In the interim, I have
requested a letter from the HOA intending them to be co-signers on the Mills Act contract.
With sincerest thanks,
Adhir Kalyan and Emily Wilson
1714 Sunset Plaza Drive
Los Angeles, CA 90069
adhirOlotus,feet.net
ntle.dubs c eniail.com
(424) 278-8270
RECEIVED)
OCT 242017
PLANNING SERVICES
DEPARTMENT
0/0 06
c/o Albert Management
PO Box 12920
Palm Desert, CA 92255-2920
October 25, 2017
To Whom It May Concern:
The Sandcliff Home Owners Association supports the Mills Act Application for 1849 Sandcliff Road, Palm
Springs,CA 92264 being submitted by Adhir Kalyan and Emily Wilson.The HOA understands that they will
be co-signers on the contract.The Board is committed to the preservation of Sandcliff's historic elements
and was active in pursuing the historic designation given by the City Council earlier this year.
Should you have any question please feel free to contact me at 760.346.9000 or via email at
cardinal.ambrose@albertmgt.com.
Sincerely,
Onbehalf of the Board of Directors
Cardinal Ambrose,CCAM,CMCA,AMS
Community Association Manager
Sandcliff
07
''� �
F
T� �5
i
w'
w
r
vtx.."a...
r
i
C
1849 SANDCLIFF ROAD
+ F
r
v
DIE
4
WTA hTA I
PAFV
FAA _ _._ __'-=�_ OWN
IT/ ►T/
a
IPA%.
s
}4 �
f �
I f�
1
I
I.
I
! • i a , •'
iw
40
FAIR FAN VAN
tl L 1l9►T/►ra►TEA►T/►7 '
11\1LV TXN U'N T17 W TAll
Y"
FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this 13rh day of
December, 2017 by and between the City of Palm Springs, a charter city and municipal
corporation ("City") and Adhir Kalyan ("Owner ') and Emily Wilson ("Owner") and the
Sandcliff Homeowners Association ("HOA").
RECITALS:
A. California Government Code Sections 50280, et seq. (the "State Lave'), 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 1849 Sandcliff Road 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 February 3, 2016 the "Approval Date"), the City Council of the City of Palm
Springs ("Council") approved Resolution 23963 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.
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 December 13, 2017 ("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 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 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
and HOA shall comply with these minimum standards throughout 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.
212
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 "C."
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 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 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 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 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 Agreement; Remedies.
7.1 If the Owner or the HOA breaches any provision of this Agreement, the
City Manager may give 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 thirty (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 Agreement. Upon the City Manager's declaration of the
3 13
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 qualified historic property, 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
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 or
HOA'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 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 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. 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 14
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
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, the Owner, and the HOA.
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 92263
Owners: Adhir Kalyan
Emily Wilson
1714 Sunset Plaza Drive
Los Angeles, CA 90069
HOA: Cardinal Ambrose CCAM, CMCA, AMS
Community Association Manager
P.O. Box 12920
Palm Desert, CA 92211
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 and HOA 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 the HOA or any contractor, subcontractor, employee, agent,
5 15
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, 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 and HOA's obligation to indemnify shall survive the termination,
cancellation, or expiration of this Agreement and shall not be restricted to insurance
proceeds, if any, 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.
6 16
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 Property 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
17
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: By:
City Manager: David H. Ready
APPROVED AS TO FORM: ATTEST:
City Attorney: Edward Kotkin City Clerk: Kathleen D. Hart, MMC
Interim City Clerk
Dated: By:
Owner: Adhir Kalyan
Dated: By:
Owner: Emily Wilson
Dated: By:
HOA: Cardinal Ambrose
Community Association Manager
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
ro eF c s rr crc n e eu a�c< cr rc ccr�c 4 m r r cr re c�c Eec c sus cs—.-. ,-
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 )
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
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 California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
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 19
EXHIBIT A
LEGAL DESCRIPTION
All that certain land situated in the State of California, County of Riverside, City of Palm
Springs, being included within a record of survey map filed April 8, 1960, in book 31 ,
page 48 of the Records of Survey, Records of Riverside County, California, being
described as follows:
Parcel 1:
Lot 14, together with an undivided 1/40 interest in and to common Lot 42, as show on
that certain map attached to an instrument entitled "First Revision of Declaration of
Protective Restrictions, Limitations, Conditions, Covenants, Reservations, Liens and
Charges for Garden Villas, a Residential Project' recorded July 1, 1966, as Instrument
No. 68359, of official records of Riverside County, California.
Excepting therefrom an easement over the easterly 7.00 feet of said Lot 42, referred to
above, for ingress, egress, public utilities, and incidental purposes, together with the
right to convey a dedicated same to any person, firm or governmental agency, as
contained in an instrument entitled "Indenture of Easements and Rights of Way"
recorded November 27, 1964, in Book 3862, Page 554 of Official Records of Riverside
County, California.
Also excepting therefrom all gas, oil, and mineral rights below a depth of 50 feet, as
was reserved by John C. Munholland, et al, in various Deeds of Record.
Parcel 2:
An easement over the westerly 18.00 feet of Lot 41 of Tract No. 3010, as shown by map
on file in Book 50, Pages 76 and 77 of Maps, Records of Riverside County, California,
for ingress, egress, public utilities and incidental purposes as contained in an instrument
entitled "Indenture of Easements and Rights of Way" recorded November 27, 1964, in
Book 3862, Page 554 of Official Records of Riverside County, California.
Excepting from all property conveyed hereunder all oil, gas, petroleum, and other
hydrocarbon substances in and under the property, including the exclusive title and right
to remove said substances, together with the sole right to negotiate and conclude
leases and agreements with respect to all such substances under the property, and to
use those portions of the property which underlie a plane parallel to, and 500 feet
below, the present surface of the properly for the purpose of prospecting for, developing
and/or extracting such substances from the property by means of wells drilled into or
through said portions of the property from drill sites located on other property, it being
expressly understood and agreed that no right is granted hereby to enter upon the
surface of the property or to use the property or any portion thereof above of the
aforesaid plans. APN: 510-040-010
10 20
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 21 3