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HomeMy WebLinkAbout9/7/2016 - STAFF REPORTS - 1.N. ;OQ F P L M S,. 'Z c V N T 9M¢Fl¢ c44 1FO ,P City Council Staff Report DATE: September 7, 2016 CONSENT AGENDA SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS FOR CLASS 1 HISTORIC SITES LOCATED AT 928 NORTH AVENIDA PALMAS (THE CARY GRANT RESIDENCE, HSPB #75); 360 CABRILLO ROAD UNIT 202 (RACQUET CLUB COTTAGES WEST, HSPB #88/HD #3); 370 WEST ARENAS ROAD (THE HIDEAWAY HOTEL, HSPB #90); AND 562 WEST ARENAS ROAD (THE ORBIT IN, HSPB #95) FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY This is a request for the City of Palm Springs to enter into standard Mills Act Agreements with the following property owners: • Las Palomas Property Trust, owner of 'The Cary Grant Residence" located at 928 N. Avenida Palmas (APN 507-164-001); • Giancarlo Montanari, owner of Unit 202 at the Racquet Club Garden Villas located at 360 Cabrillo Road #202 (APN: 504-131-046); • Kevin Miller and Jin Sulk Park, owners of 'The Hideaway Hotel' located at 370 W. Arenas Road (APN 513-141-011); and • Kevin Miller and Jin Suk Park, owners of 'The Orbit In" located at 562 W. Arenas Road (APN 513-580-061). The intent of these contracts is to require maintenance and preservation of Class 1 historic sites in exchange for possible property tax relief as calculated by Riverside County. RECOMMENDATION: 1. Approve Agreement No. , a Mills Act Historic Property Preservation Agreement with Las Palomas Property Trust for the Class 1 Historic Site located at 928 N. Avenida Palmas (HSPB #75); 2. Approve Agreement No. , a Mills Act Historic Property Preservation Agreement with Giancarlo Montanari for the Class 1 Historic Site located at 360 Cabrillo Road #202 (HSPB #88/HD #3); ITEM NO.k_ City Council Staff Report September 7, 2016-- Page 2 Approval of Mills Act Agreements for HSPB#75, #88, #90, #95 3. Approve Agreement No. , a Mills Act Historic Property Preservation Agreement with Kevin Miller and Jin Suk Park for the Class 1 Historic Site located at 370 W. Arenas Road (HSPB #90); 4. Approve Agreement No. , a Mills Act Historic Property Preservation Agreement with Kevin Miller and Jin Suk Park for the Class 1 Historic Site located at 562 W. Arenas Road (HSPB #95); 5. Authorize the City Manager to execute the Agreements; and 6. Direct the City Clerk to record the Agreements. STAFF ANALYSIS: On January 19, 2011 , the City Council by Resolution No. 22855, designated 928 N. Avenida Palmas the "Cary Grant Residence", a Class One historic site (HSPB #75). On November 13, 2013, the City Council designated the Racquet Club Cottages West a Historic District (HSPB #88 / Historic District #3). The Racquet Club Cottages West Historic District is comprised of thirty-seven (37) residences clustered in twenty-one buildings. As such, each of the thirty-seven units are deemed "contributing" and are therefore subject to Class 1 regulations and are also each qualified for application for a Mills Act Historic Property Preservation Agreement. The property at 360 Cabrillo Road Unit 202 has been deemed a "contributing structure" within the Racquet Club Cottages West 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. State of California Governmental Code Section 50280.1 denotes that properties that are eligible for application of a Mills Act contract must be listed in a state, city, county official register of historic sites. As such, 360 Cabrillo Road Unit 202 is qualified for a Mills Act Contract. At Racquet Club Cottages West, routine maintenance and upkeep of the building exteriors and grounds is a shared responsibility of the home-owners 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 homeowners and the HOA as parties to the agreement. If, in the future, other individual home owners at the Racquet Club Cottages West wish to pursue a Mills Act Agreement, the same contractual arrangement would apply. On July 2, 2014, the City Council by Resolution No. 23602 designated 370 W. Arenas Road, the "Hideaway Hotel", a Class One historic site (HSPB #90). On January 13, 2016 the City Council by Resolution No. 23951 designated 562 W. Arenas Road, the "Orbit In", a Class One historic site (HSPB #95). 02 City Council Staff Report September 7, 2016-- Page 3 Approval of Mills Act Agreements for HSPB#75, #88, #90, #95 Pursuant with California Government Code Section 50280 — 50290 upon the application 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. Routine maintenance and upkeep of the building exteriors and grounds is a responsibility of the property owners. State of California Governmental Code Section 50280.1 denotes that properties that are eligible for application of a Mills Act contract must be listed in a state, city, county official register of historic sites. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project' as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to request approval of Mills Act agreements, and is exempt from CEQA pursuant to Section 15378(b), in that a 'Project' does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: There is no known fiscal impact upon the city as a result of this recommended action. SUBMITTED: Fli n Fagg, AIC Marcus L. Fuller, MPA, PE, PLS Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq . City Manager Attachments: Mills Act Agreements (4) with City Council Action Summaries and Applicant letters 03 ATTACHMENT # 1 N Up pPLM yp4 Department of Planning Services ., '.; E Vicinity Map •Cq��FOR��p• PD ......... !; RI A' -.-.. .............................. MkCHEVAH DR _.._. ..-.-.-... .................................. P P6 i i I F7VLA.EYTEL_.-...-., � i .___.. ....._ R76 RIB O O 2 � w 'auj EL ALA R78 a 'qR1.Bm .............. 6 Gw Z wK RJ.-,RIB RIB I w o TAMARISK•RD K Ju z Legend o he __.. .. Q16 ®Sde ..- a ---..- ...._.. .. A T __-. CO IL �500' Radius z RIB ~ RIC j RIC w .� ...... — Zomng Q y a n ...__.... Parcels ...._.RIB .__. ....... RIB .......... ........ CITY OF PALM SPRINGS 05 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 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 OF 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 07 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. 08 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. 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 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 09 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, 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. j 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 � 1 II 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: By: City Manager: David H. Ready APPROVED AS TO FORM: ATTEST: City Attorney: Douglas Holland City Clerk: Jay Thompson Dated: By: Owner: Gus Van Sant Las Palomas Property Trust 12 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to wlqichthig cart6ficatc*q wttachW and not the#uthfiilp ass,acauwcy, or valid q,of that documeau 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 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) LSigner's Name: E$igner's Name: Corporate Officer—Titlte,(s): ❑ Corporate Officer—Tigt�(s): Partner— Li rtjted General ❑ Partner Limjted 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: c.��ctsec.��cc,�et.^ekrt,^e�^es:�:�vr.4�c,`ciu�sec.^e�:ce�>�circe^`�:cegcc.cr^rt:�:yetrcet.�cc,.�;.sec.`rczctrec�sscsscc�,�c<,�c[ci�ez:� ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 13 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) 14 9 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). t � 10 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) 16 11 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) 1. 7 12 FQp�MSA -ti C/TY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 * C�C� ORATEOy �* (760) 323-8204 4<IFORN� EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held January 19, 2011, the City Council took the following action: 1.A. DESIGNATE THE "CARY GRANT ESTATE" LOCATED AT 928 NORTH AVENIDA PALMAS AS A HISTORIC SITE (HSPB 75) APPLICATION BY DR. JANE COWLES SMITH: ACTION: Adopt Resolution No. 22855, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT 928 NORTH AVENIDA PALMAS ("CARY GRANT ESTATE") AS A CLASS 1 HISTORIC SITE, CASE NO. HSPB 75," amending the Resolution to correct minor typographical errors, the property description and address, and removing the reference to the mailbox replica. Motion Mayor Pro Tern Weigel, seconded by Councilmember Hutcheson, and unanimously carried on a roll call vote. I, KATHIE HART, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22855 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 19th day of January 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None Kathie Hart, MMC Chief Deputy City Clerk 18 Las Palomas Property Trust i t Main St.S Unit 50.•.•Kirkland„WA 980s3 Phone.1;1 t-251i-ti210• • E-Mail:ggvansantQanLCultt June 17, 2016 Mr. Ken Lyon, RA Associate City Planner 8200 Tahquitz Canyon Way Palm Springs, CA 8446E Dear Mr. Lyon: We are writing to request the City execute a Mills Act Contract, between the Las Palomas Property Trust, and the City of Palm Springs. The property is 928 N. Avienda Palmas, Palm Springs, CA 92262. Enclosed is our check for the $1,805 application fee. Thank you in advance for your assistance. Please let us know if there is anything more you require from us. Since ely, J Arnold Herrmann Trustee �5r 19 ATTACHMENT # 2 N Department of Planning Services W E Vicinity Map .RIC--.- ..__ SEPULVEDARD ice ` RIC - SANMARCOWAY 4 ' -.-.. - R7£- ......... DOMINGUEZ RD RGAfi : ....... R2 ._...--. --- _-..-.-.-. CABRILLORD ... .__...-.-.- _ _..... - R2 ..-___. .......... ---CORTEZ RD- Legend - x m -- ®Site C1 _ O i, 500' Radius p aZoning - RACQUET CLUB RD- -- --- Parcels PD CITY OF PALM SPRINGS 21 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 7`h of September, 2016 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Giancarlo Montanari ("Owner') 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 202, 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 Term of Agreement. This Agreement shall be effective and commence on September 7, 2016 ("Effective Date') and shall remain in effect for a 22 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 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 23 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. 24 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. 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 at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: 25 City: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Owners: Giancarlo Montanan 360 Cabrillo Road Unit 202 Palm Springs, CA 92262 HOA: Jan Lansing; HOA President Racquet Club Garden Villas HOA 42635 Melanie Place Suite 103 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 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 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 Z 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. 27 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: By: City Manager: David H.Ready APPROVED AS TO FORM: ATTEST: City Attorney: Douglas Holland City Clerk: James Thompson Dated: By: Owner: Giancarlo Montanari Dated: By: Jan Lansing; HOA President Racquet Club Garden Villas HOA 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rrc�.ccccr,Fo.�,E:r-,rs^sc�.fio�rr��ccr.4:ccccecc�.war srs<eecfrmcrrn,�rce.Fc.�ccc.Gr.�r�:rccdr��rcc>.cc..�rrsr.Lr, 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 ofthat 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 Seat 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: -u?z�s�r:�z:�cx°e �c�;czart:�xsec^t:c°cz�t;�c�;yet:cc�c2eeex>eEtec�ci^cc,^r�>cszec.*c<:�>�e;t�^r,�v 29 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of CALIFORNIA, County of Riverside, and described as follows: PARCEL 17 OF RECORD OF SURVEYS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33, PAGE 18, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE RIGHT TO ANY DEPOSITS OF OIL, GAS, OR OTHER HYDROCARBON SUBSTANCES AND WATER UNDERLYING SAID LAND, PROVIDED, HOWEVER, THAT SUCH RESERVATION SHALL NOT BE DEEMED TO GIVE THE GRANTOR, ITS SUCCESSORS OR ASSIGNS, ANY RIGHT TO ENTER UPON SAID PREMISES FOR THE DEVELOPMENT OF ANY SUCH WATER, OIL OR GAS OR OTHER HYDROCARBON SUBSTANCES AS RESERVED BY SECURITY FIRST NATIONAL BANK OF LOS ANGELES, BY DEED RECORDED JANUARY 11, 1936 IN BOOK 262 PAGE 533 OF OFFICIAL RECORDS. Assessor's Parcel Number: 504-131-046-4 (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) 30 9 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). 10 31 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) t� 32 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) 33 12 FQALM Sa h° -y CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 44,FORN� EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held November 20, 2013, the City Council took the following action: Councilmember Hutcheson stated he had a property related conflict of interest with respect to Item 1.C., would not participate in the discussion or the vote, and left Council Chamber. 1.C. HISTORIC DISTRICT DESIGNATION FOR THE RACQUET CLUB COTTAGES WEST CONDOMINIUMS (NOW KNOWN AS THE RACQUET CLUB GARDEN VILLAS) AT 360 WEST CABRILLO ROAD (HSPB 88, HD-3): ACTION: Adopt Resolution No. 23458, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RACQUET CLUB COTTAGES WEST LOCATED AT 360 CABRILLO ROAD AS HISTORIC DISTRICT NO. 3 (COMMON AREA APN 504-131-061) (HSPB 88, HD-3)." Motion Councilmember Foat, seconded by Councilmember Lewin and carried on a 4-0-1 on a roll call vote. Councilmember Hutcheson returned to the dais. I, KATHIE HART, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action was taken by City Council of the City of Palm Springs on November 20, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Hutcheson. ABSTAIN: None. Kathie Hart, MMC Chief Deputy City Clerk 34 ® �a ►A-t�ct�Lo I" � a N�htJ�(� (5ftRDaN ViLLAs �TT-NE RAWtj r cLtjE� . ... ... .. . . .. .. . . 36 © cftBp,1 LL) RoAD L N IT �jo ac.2- �LIL� F'Lmjn Djlrp-Thc-t� tif PL�hUNrtiC� S��UrcS c iTy of Fat m SPQ!NGS 39 oo t= .Tfl f ,6LJ iIZ Grp} YOP Al ?ALM sf�ZWcs , CA ' 2A 63 ,4T -m-c GnAg1J YiLLA-s AT-7fjaI�A ujjsT cLuB, IT wits D 51C2 Jj}Tl .,4 i f �sToRIC A-s CL, Ss t sirk T-( G ci y Of ALH 5PAw4s fl)kl A)od9M a45K ao, o 3 �UR C A SsD My v llr / A-P ()LJO Mf�1 1ST, Ao15 .,T T-Hrs T m6 r wzLiL.b LIKE To A Ly RR A NLs AcA �qTrMEI)TC,rjTRAe-rwiTtj T � aiT F ?ftLM Sppaw66 ,WbTU c� A-,J firs P-8AW ib G ii1, AT My cud T �A ss y15-7a.414o 35 `T~! { Vo1I Q R Vcb?L A-5S t sTC-1,kZ 5/�kSLY- M_ .TA ,IAPI ATTACHMENT # 3 36 h PPLM Sp ♦ . ' 90 Department of Planning Services W � E Vicinity Map 5f 1i00.�\ 3 PAL'1SABES�OR�, CBD CBD t -- RBA PI) R1A TAHQUITZ DR 020 it PD ; ( I R3 CBD i R2 �. ARENAS RE) c _ K J ' O ..................... rc CBD 2 J VJ G R3 R2 0 -.__-- R2 ---- R3 Cu ......... O R2 ........... Z - ... __.. Legend < L CBDfie F-1500' Radius BARISTO RD Zarwg - ---- Parcels RiA RS CBD CITY OF PALM SPRINGS 37 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 7th day of September. 2016 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kevin Miller and Jin Suk Park ("Owners"). 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 370 W Arenas 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. On July 2, 2014 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 23602 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 38 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 39 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. 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 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: Kevin Miller and Jin Suk Park 4240 Lincoln Avenue Culver City, CA 90232 41 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 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 a 2 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 43 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: By: City Manager: David H. Ready APPROVED AS TO FORM: ATTEST: City Attorney: Douglas Holland City Clerk: Jay Thompson Dated: By: Owner: Kevin Miller Dated: By: Owner: Jin Suk Park 44 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ;��.�.�cf:ctr.�cuxrevrtreetr,�cYkr,�rse.`rrn«raehes<c.ec�c�.r.�c.r�,r:r��rm,�c.�,�esiccecche�;r,�o,:c�rfiascrrzefts 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. 1 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 7 Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact _ ::1 Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator J Other: ❑ Other: Signer Is Representing: Signer is Representing: :ce,��c�,Fersecv=c�c>�4.'�,act.�i5!=v`et>�ci:`*z„�e�,rtsFc„^cc`ec;ezSce7u,cc,^et.`�c.`ectcsexrt:ct>cs.`cr;.�hr.�>rs�-sJccrscc�sru�Tz,'cG,rzzez.`cl7rza: 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 45 EXHIBIT A LEGAL DESCRIPTION All that certain real property in the County of RIVERSIDE, State of California, described as follows: THAT PORTION OF LOT 13 TOGETHER WITH LOTS 14 AND 15, AND THE VACATED STREET (FORMELY VINE STREET) ABUTTING SAID LOT 15, IN BLOCK 8 OF PALM SPRINGS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTH LINE OF SAID LOT 13, WESTERLY 40.00 FEET THEREON FROM THE SOUTHEAST CORNER OF SAID LOT13; THENCE NORTH 100.00 FEET, PARALLEL WITH THE EAST LINE OF SAID LOT 13; THENCE WEST 8.40 FEET, PARALLEL WITH THE SOUTH LINE OF SAID LOT 13 TO THE EAST LINE OF SAID LOT 14; THENCE NORTH ON SAID EAST LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE WEST 129.80 FEET ON THE NORTH OF SAID LOT 14; THE NORTH LINE OF SAID LOT 15, AND THE WESTERLY PROLONGATION OF SAID NORTH LINE OF LOT 15, TO THE CENTER LINE OF SAID VACATED VINE STREET; THENCE SOUTH ON SAID CENTER LINE TO THE INTERSECTION OF THE WESTERLY PROLONGATION AND SOUTH LINE OF SAID LOT 15; THENCE EASTERLY ON SAID PROLONGATION AND SOUTH LINE LOT 14 AND LOT 13, TO THE POINT OF BEGINNING. APN: 513-141-011 (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) 46 9 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). 10 47 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) 11 4 8 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) 49 12 �QpLMSA -� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way 3e Palm Springs, CA 92262 ' C C�'ROORiTR� 9 P" (760) 323-8204 EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held July 2, 2014, the City Council took the following action: Mayor Pro Tern Hutcheson stated he has a property ownership related conflict of interest with respect to Item 1.C., would not participate in the discussion or the vote, and left Council Chamber. 1.C. AN APPLICATION BY WAHOO CAL PROPERTIES, LLC (OWNERS) IN COLLABORATION WITH THE PALM SPRINGS PRESERVATION FOUNDATION, REQUESTING CLASS 1 HISTORIC DESIGNATION FOR THE TOWN AND DESERT APARTMENTS (CURRENTLY THE HIDEAWAY) LOCATED AT 370 WEST ARENAS ROAD (HSPB 90): ACTION: Adopt Resolution No. 23602, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT 370 WEST ARENAS ROAD, THE TOWN AND DESERT APARTMENTS (CURRENTLY KNOWN AS THE HIDEAWAY) AS A CLASS 1 HISTORIC SITE (HSPB goy- Motion Councilmember Lewin, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. Mayor Pro Tem Hutcheson returned to the dais. I, KATHIE HART, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23602 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 2, 2014 by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Lewin and Mayor Pougnet NOES: None ABSENT: Mayor Pro Tern Hutcheson ABSTAIN: None Kathie Hart, MMC Chief Deputy City Clerk 530 1t I the ultimate palm springs modern experience Kevin Miller and Jin Suk Park 4240 Lincoln Avenue Culver City,CA 90232 June 26'4, 2016 Richard Bruno—Planning Technician 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Re:Mills Act Contract—The Hideaway-former Town and Desert Hotel(c. 1947) We are the owners of The Hideaway Hotel at 370 W.Arenas Road in Palm Springs,CA 92262 (Assessment Parcel Number 513141011-5) located in the Historic Tennis Club neighborhood.We are writing to you to kindly request that the city execute the Mills Act agreement between ourselves (Owners)and the city. Enclosed is a check for$1305 to begin the application process. We purchased this wonderful Historic Hotel because of the unique Modern Architectural style created by designer Herbert Burns. He and his Wife built this as their personal home and to have the opportunity to rent rooms to traveling snowbirds. My Wife and I are excited to make this our home as well and run very similar to the way Herb Burns created and intended it to be used.This property held many social and civic gatherings over the years and we look forward to continuing the tradition. Through the Mills Act economic incentives,we look forward to performing ongoing preservation and maintenance to this wonderful 1947 building. Being that it is operated as a Hotel,it is especially hard to maintain a property of this age and to keep it at a very high level takes extra care as well as expenses. Should you have any questions or need additional information you may contact me direct at 310-415.0511 or email at kevandiinftorbitin.com orbitin.com moilOorb tin.com 562 w..arenas palm springs,ca 92262 phone 1760)323.35115 fax 1760)323�3599 toll free 1877)99-orbit )1-877-996-7248) ATTACHMENT #4 Department of Planning Services Vicinity Map PALOWDES DR I CBD CBD RIA RIA PD UHQUITZ.DR ......... ................7EPD� tAHauOUR Fu ARENAS RD R3 R3 R2 P2 0 ------ R2 Fa z Legend Site 509'Radius L Zoning ELARISTO RD RG Parcels AS RIA CITY OF PALM SPRINGS 53 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 7th day of September, 2016 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kevin Miller and Jin Suk Park ("Owners"). 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 562 W Arenas 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. On January 13, 2016 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 23951 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 54 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. S s 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. 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 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: Kevin Miller and Jin Suk Park 4240 Lincoln Avenue 5? Culver City, CA 90232 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 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 159 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 59 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: By: City Manager: David H. Ready APPROVED AS TO FORM: ATTEST: City Attorney: Douglas Holland City Clerk: Jay Thompson Dated: By: Owner: Kevin Miller Dated: By: Owner: Jin Suk Park 60 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :r .��.r�^,rrmr:rv>ccry:e,€emarccer.�carwccce.�tsrccnnkr,�er-.�r.�;rc e.Gc�srcrcesr..-ecrrr.�rccecGr�;recurcrcr.� A notary public or other officer completing this certificate verifiesonlythe identityof the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity ofthat 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: 7 Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): Partner L Limited __1 General ❑ Partner ❑ Limited C General ❑ Individual L Attorney in Fact LJ Individual LL Attorney in Fact Fi Trustee C Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: cek5cz,erse�7ce:`err�,yet,Esct;cc`�ci��e�s.^ceez.�:cczetri,`cc`e.�xcc>cc.�,rtr,�.te+c�c,`et.`cz.�i.'e<:`ec�scsec��sccs=cs�,�crcct;`cs; ©2014 National Notary Association-www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907 61 EXHIBIT A LEGAL DESCRIPTION All that certain real property in the County of RIVERSIDE, State of California, described as follows: LOT 35 AND 36 OF TAHQUITZ PARK AS AHOWN BY MAP ON FILE IN BOOK 11 PAGE 7 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 513-580-061 (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) 9 62 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). 63 10 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) s4 II 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) 61; 12 �QAAM SA CITY OF PALM SPRINGS � V �' OFFICE OF THE CITY CLERK N 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 « RFTF09' P" (760) 323-8204 'Q<IFORNN EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held January 13, 2016, the City Council took the following action: 1.B. CLASS 1 HISTORIC DESIGNATION FOR "THE VILLAGE MANOR" (CURRENTLY "THE ORBIT IN") LOCATED AT 562 WEST ARENAS ROAD AND CEQA DETERMINATION (RSPB 95): ACTION: Adopt Resolution No. 23951, "A RESOLUTION OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, "THE VILLAGE MANOR" (aka "ORBIT IN") AS A CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT EXEMPT FROM CEQA AS A CLASS 31 CATEGORICAL EXEMPTION (HSPB 95)." Motion Councilmember Foat, seconded by Councilmember Kors, and unanimously carried on a roll call vote. I, KATHIE HART, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the Resolution No. 23951 was adopted at an adjourned regular meeting of the City Council held on the 13th day of January, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tem Mills, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None 1 Kathie Hart, MMC Chief Deputy City Clerk 66 figrl ITT the ulfimale palm springs modern experience Kevin Miller and Jin Suk Park 4240 Lincoln Avenue Culver City,CA 90232 June 26`h, 2016 Richard Bruno—Planning Technician 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Re: Mills Act Contract—The Orbit In Hotel (Formerly the Village Manor c. 1957) We are the owners of The Orbit In Hotel at 562 W. Arenas Road in Palm Springs,CA 92262 (Assessment Parcel Number 513580061-7) located in the Historic Tennis Club neighborhood.We are writing to you to kindly request that the city execute the Mills Act agreement between ourselves (Owners)and the city. Enclosed is a check for$1305 to begin the application process. After having stayed at the Orbit In a few times,we purchased this wonderful Historic Hotel because of the unique Modern Architectural style created by designer Herbert Burns. By 1957 when this was built, he had already established his unique and notable style and use of flagstone on many homes and other Hotels such as the Desert Hills c.1952. Through the Mills Act economic incentives,we look forward to performing ongoing preservation and maintenance to this wonderful 1947 building. Being that it is operated as a Hotel,it is especially hard to maintain a property of this age and to keep it at a very high level takes extra care as well as expenses. Should you have any questions or need additional information you may contact me direct at 310-415-0511 or email at kevandiin orbitin.com Sincerely, '�� orbitin.cam moil®orbain.com 562 w arenas palm springs,to 92262 phone(760)3233585 fox I7601 3233599 01 free 18771 99.orbit )1-877-99672481. 97 451IRV0,95