HomeMy WebLinkAboutA6599 - RICHARD COOK/CHRISTOPHER MACALUSO/RACQUET CLUB GARDEN VILLAS HOA - HISTORIC PROPERTY PRESERVATION AGR DOC # 2015-0050142
02/06/2015 11:02A Fee:NC
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Recorded in Official Records
RECORDING REQUESTED BY: County of Riverside
CITY OF PALM SPRINGS Peter Aldan,
Assessor, County Clerk 8 Recorder
AND WHEN RECORDED MAIL TO: I IIIIII IIIIIII IIII IIIIIIIIII IIII IIIIIIIIII(IIII IIII IIII
City of Palm Springs
P. O. Box 2743 s R U I PAGE SIZE DA I MISC LONG RFD COPY
Palm Springs, CA 92263 I l
Attn: Office of the City Clerk M A L 1 465 426 PCOR NCOR4SMFCH
EXAM T: 85 Filing fee EXEMPT per Government Code 6103
A6599
HISTORIC PROPERTY PRESERVATION AGREEMENT
Cook, Macaluso, and Racquet Club Garden Villas HOA
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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 25th day of
September, 2014 by and between the City of Palm Springs, a charter city and municipal
corporation ( City"), Richard Cook and Christopher Macaluso ("Owners") and the Racquet Club
Garden Villas 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 Owners possess fee title in and to that certain real property, together with associated
structures and improvements thereon, generally located at the street address 360
Cabrillo Road, Unit 118, 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 November 20, 2013 (the "Approval Date"), the City Council of the City of Palm
Springs ("Council") approved Resolution 23458 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 Tenn of Agreement. This Agreement shall be effective and commence
on September 25, 2014 ("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
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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 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
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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 Owners 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 Managers declaration of
the Owners 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 Owners 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
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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. Binding 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
of the respective parties as specified below or at an other address as may be
at the addressp p p y y
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: Richard Cook, Christopher Macaluso
360 Cabrillo Road Unit 118
Palm Springs, CA 92262
HOA: Brooke Ancheta, CMCA
Community Association Manager
Racquet Club Garden Villas HOA
42-635 Melanie Place, Ste. 103
Palm Desert, CA 92211
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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, 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 attomeys' 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.
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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
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the
day and year first written above.
CITY OF PALM SPRINGS,
a municipal corporation
Dated: !L�46/Ave By--
City Manager: David dy
APPROV TO FORM: ATTEST:
City Aft rney: Douglas Holland C11y Clerk: James Thompson
Dated: / 0 By:
Owner: Richard Cook 'gyp— a(Z,
Dated: / 0 • / rr,, By: NAA
Owner: Christopher Macaluso
Dated: B 7 )
s rooke Anc eta
•"J S
Community Association Manager
Racquet Club Garden Villas HOA
StaleofCalife"a.Cou ofRlverside.On_fi, ._I'r,.�,„ _ he!e�eme.
Richard W. Martin Not PUWIC. persons f:eared�__�... ............. ....
who proved to me on th basis of factor;evidence to be tt�- pc.u,lgsl
whose name(s)rs/are su be the within in.trument and ack;Oow!a ru;d to
me that heisheitheyexecut same inhislh—,theirauthonzedeaa,ict esi.
and that by hislheritheir trials) on the insirument the person:.,. ;,r air
entity upon behaHotw Me rson(s)acta;f,executed the instru;nenr certify
under PENALTY RJURY er the laws of the Slate of California mat the
foregoing paragr is true and rest,
WITNESS my and and official sea
APPROVED BYCriYCOUNUL
� 31�C aA Ab�h
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF (Z-lit/felAy" 14- }
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COUNTY OF JV-1 ► VW 510D Z }
On 10 IS - /'f- before me, K 1 1�f *O-P � Notary Public,
DATE
personally appeared IT 6oci- T(T� c4-41STcPi -01- PA-cyc.VSO ,$kbok, AN--ttC- T Pr ,
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 signatures(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 paragrapt
is true and correct. (Seal)
WITNESS my hand and official seal.
RICHARD W. MARTIN
: `.._....- Commission # 199 urns
< '��w: Notary Pu61ic-California
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z "'" Riverside County
Signature of Notary My comm. expires Nov z,zols
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ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
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` THIS CERTIFICATE Title or Type of Documents
C MUST BE ATTACHED c t
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
8
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On February 5, 2015, 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
5th day of February, 2015.
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Signature: q<1F0aN`
MES THOMPSON' CITY
CLERK
City of Palm Springs, California
Title or Type of Document
HISTORIC PROPERTY PRESERVATION AGREEMENT
A6599 - Cook, Macaluso, and Racquet Club Garden Villas HOA
360 Cabrillo Road, Unit 118
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EXHIBIT A
LEGAL DESCRIPTION
(Section 4.0)
Assessor's Parcel Number: 504-131-026-2; 360 Cabrillo Road Unit 118 PAR 4 RS 331018
All that certain and real property in the County of Riverside, State of California, descried as
follows: parcel 4 of record of surveys, in the City of Palm Springs, County of Riverside, State of
California, as per plat recorded in book 33 page18 of record surveys, in the office of the county
recorder of said county.
Except therefrom this oil, gas, minerals, and other hydrocarbon substances lying below the
surface of said land, but no right to the surface entry, as provided in deeds of record.
(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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