HomeMy WebLinkAboutA6270 - DOUGLAS J MACBETH AND L STANLEY DEEN HISTORIC PROPERTY PRESERVATION AGR 275 E TWIN PALMS DR DOC # 2012-0534927
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Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY: Larry W. Ward
CITY OF PALM SPRINGS Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: IIII IIII I I III I II II I II IIII III III
City of Palm Springs
P. O. Box 2743 S R U PAGE I SIZE DA MISC I LONG I RFD I COPY
Palm Springs, CA 92263 1rz
Attn: Office of the City Clerk M A L 1 465 1 426 PCOR NCOR SMF NCHG (�exnm
T: CTY I
Filing fee EXEMPT per Government Code 6103
Historic Property Preservation Agreement
NO. A6270
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk
HISTORIC PROPERTY PRESERVATION AGREEMENT Ab 1
This Historic Prope Preservation Agreement ("Agreement") is made and entered into
this ' day of U fi 20P-(the "Effective Date"), by and between the
CITY OF PALM SPRINGS, a municipal corporation ("City"), and the Royal Hawaiian
Estates Homeowners Association ("HOA") and Douglas J. MacBeth and L. Stanley
Dean ("Owners").
RECITALS:
A. Califomia Govemment Code Sections 50280, et seq., authorizes cities to enter
into contracts with the owners of qualified historical property to provide for the
use, maintenance 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 historic dwelling, commonly
known as 275 East Twin Palms Drive in the Royal Hawaiian Estates
development, together with associated structures and improvements and real
property, all generally located at the street address 275 East Twin Palms Drive,
Palm Springs, Califomia (collectively, the "Property"). A legal description of the
Property is attached hereto as Exhibit A and is incorporated herein by this
reference.
C. On February 3, 2010, (the "Approval Date"), the City Council of the City of Palm
Springs ("Council") adopted Resolution No.22657, thereby declaring and
designating the Property known as The Royal Hawaiian Estates as a historic
landmark (HSPB #73 / Historic District #2) pursuant to the terms and provisions
of Chapter 8.05 of the Palm Springs Municipal Code. Historic District #2 is
comprised of forty addresses and other common elements that comprise the
Royal Hawaiian Estates as described in the Historic District Nomination dated
May 2009 attached to the February 3, 2010 City Council Staff Report.
D. The HOA is comprised of forty (40) residential units on a roughly five (5) acre
parcel. Each of the forty residential units is considered "a contributing structure"
pursuant to the City of Palm Springs Municipal Code Section 8.05.125. The HOA
pursuant to applicable covenants, conditions, and restrictions has the
responsibility of enforcing building and maintenance requirements of the owners
of the residential units. The subject unit at 275 East Twin Palms Drive has been
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determined to be one of the contributing structures within HSPB #73 / Historic
District#2 and as such is subject to Class 1 regulations as described in Municipal
Code Section 8.05. As a Class 1 historic site within Historic District#2, 275 East
Twin Palms Drive is eligible to be the subject of a Mills Act Historic Property
Preservation Agreement. The physical historic character-defining features of the
buildings in HD#2 are:
a. Exaggerated gables over the ends of the buildings with vertical trim
pieces along the gables..
b. Projecting slanted ridge beams.
c. Elaborately detailed wooden Tiki-Style elements.
d. Triangular clerestory windows and vaulted ceilings.
e. Large stylized "Outrigger", "Flying Sevens".
f. Orange painted cement plaster triangle as part of"outriggers".
g. Wood diagonal siding.
h. Natural rock building walls.
i. Concrete block screen at pool painted orange.
j. Tiki-Style statues and stone carvings.
E. The City, the HOA, and the Owners, for their mutual benefit, now desire to enter
into this Agreement both to protect and preserve the characteristics of historical
significance of the Property, in accordance with Government Code Sections 50280
through 50290, as amended from time to time, and to qualify the Property for an
assessment of valuation pursuant to Revenue and Taxation Code Section 439.2.
AGREEMENT
NOW, THEREFORE, City, the HOA, and the Owners, in consideration of the mutual
covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on the Effective Date, and shall remain in effect for a term of ten (10)
years thereafter. Each year upon the anniversary of the Effective Date, unless
this Agreement is terminated in accordance with Section 2 below, such term will
automatically be extended by one (1) year.
2. Non-Renewal and Cancellation. Neither City, the HOA, nor Owners may
terminate this Agreement except in accordance with this Section 2. Termination
shall be effected either by (a) an election not to renew the Agreement, in which
case termination shall be effective upon the expiration of the remaining term of
the Agreement, as specified in Section 2.1 below, or (b) cancellation of the
Agreement, which shall effect an immediate termination of the Agreement upon
the happening of all events specified in Sections 2.2 and 5.
2.1 Each year on the anniversary of the Effective Date (hereinafter referred to
as the 'Renewal Date"), an additional one (1) year shall automatically be
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added to the term of this Agreement unless timely written notice of non-
renewal is served by the non-renewing party. Notice of non-renewal shall
be effective only if served by the HOA or the Owner at least ninety (90)
days prior to the next upcoming annual Renewal Date, or by City at least
60 days prior to the next upcoming Renewal Date. City may elect not to
renew this Agreement for the reasons and in accordance with the
procedures set forth in Section 5 below. The HOA and/or the Owners may
make a written protest of City's notice of non-renewal in accordance with
Section 5 below. The party giving notice of non-renewal may, at any time
prior to the annual Renewal Date of the Agreement, withdraw its notice of
non-renewal by giving a notice of revocation to the other party. If HOA,
Owners or City serves timely notice of non-renewal in any year, the
Agreement shall remain in effect for the balance of the term then
remaining at the time the notice of non-renewal was given.
2.2 The City may cancel this Agreement at any time only for the reasons and
in accordance with the notice and hearing procedure set forth in Section 5
below. City may, at any time prior to termination of the Agreement,
withdraw its notice of cancellation by giving a notice of revocation to the
Owners and the HOA.
3. Maintenance Standards for the Property. During the term of this Agreement, the
Property shall be subject to the following conditions, requirements, and
restrictions:
3.1 Owners and HOA shall preserve, maintain, and, when necessary, restore
and rehabilitate the Property, as necessary to retain its historical
significance including its "Character Defining Features" (as hereinafter
defined), in substantial conformance with the (i) the rules and regulations
of the Office of Historic Preservation of the California Department of Parks
and Recreation, (ii) the United States Secretary of the Interior's Standards
for Rehabilitation and (iii) the State Historical Building Code, as the same
may be amended, restated, or replaced from time to time (the
"Preservation Standards"). "Character Defining Features" shall include,
but not be limited to, the general architectural form, style, materials,
design, scale, proportions, organization of windows, doors, and other
openings, details, mass, roof line, porch and all other aspects of the
appearance of the exterior of the Property. The HOA and the Owners
may perform routine maintenance and repair of the Property, but may not
materially alter the Property without the prior approval of the City which
approval shall not be unreasonably withheld or delayed. "Material
Alternations" shall include, but not be limited to, demolition of any portion
of the Property, exterior door or window replacement, major landscaping
projects and all other similar exterior alterations of the Property,
regardless of whether a building permit is required for such alterations.
Before performing any work requiring the approval of the City, the HOA
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and/or the Owners shall give at least sixty (60) days'written notice to City,
describing the work to be done; if the City shall not have acted within sixty
(60) days thereafter to disapprove the work, or to approve the work
subject to specified conditions, the work shall be deemed approved as
submitted. In all events, City's Director of Planning Services shall be
notified of all changes to the Property which the HOA and/or the Owners
reasonably determine to be significant, prior to implementation of the
changes.
3.2 Covenants Regarding Maintenance. The HOA and the Owners shall
maintain the Property, Site and all improvements thereon, including
lighting and signage, in good condition, free of debris, waste, and graffiti,
and in compliance with all applicable provisions of the Municipal Code.
The HOA and the Owners shall maintain the Property and landscaping on
the Property Site in accordance with the "Maintenance Standards" (as
hereinafter defined). Such Maintenance Standards shall apply to all
buildings, signage, lighting, landscaping, irrigation of landscaping,
architectural elements identifying the Property and any and all other
improvements on the Property Site (collectively the "Improvements"). To
accomplish the maintenance, the HOA and the Owners shall either staff or
contract with and hire licensed and qualified personnel to perform the
maintenance work, including the provision of labor, equipment, materials,
support facilities, and any and all other items necessary to comply with the
requirements of this Agreement.
The HOA and the Owners and their respective maintenance staff,
contractor, or subcontractors shall comply with the following standards
(the "Maintenance Standards").
a. The Improvements shall be maintained in conformance and in
compliance with the Preservation Standards, and reasonable
commercial development maintenance standards for similar project,
including but not limited to painting and cleaning of all exterior
surfaces and other exterior facades comprising all private
improvements and public improvements to the curb4ine. The
Improvements shall be maintained in good condition and in
accordance with the custom and practice generally applicable to
comparable historic properties located in Palm Springs, California.
b. Landscape maintenance shall include, but not be limited to:
wateringfirrigation; fertilization; mowing; edging; trimming of grass;
tree and shrub pruning, trimming and shaping of trees and shrubs
to maintain a healthy, natural appearance and safe road conditions
and visibility, and irrigation coverage; replacement, as needed, of
all plant materials; control of weeds in all planters, shrubs, lawns,
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groundcovers, or other planted areas; and staking for support of
trees.
C. Clean-up maintenance shall include, but not be limited to:
maintenance of all sidewalks, paths, and other paved areas in
clean and weed-free condition; maintenance of all such areas clear
of dirt, mud, trash, debris, or other matter which is unsafe or
unsightly; removal of all trash, litter, and other debris from
improvements and landscaping prior to mowing; clearance and
cleaning of all areas maintained prior to the end of the day on which
the maintenance operations are performed to ensure that all
cutting, weeds, leaves, and other debris are property disposed of.
d. Any HOA or Owner-initiated exterior changes, improvements,
modifications, restoration or rehabilitation efforts shall not
commence without prior written notice and approval by the Royal
Hawaiian Estates Homeowners Association and shall be executed
only as approved by Certificates of Approval granted by the City's
Historic Site Preservation Board.
Upon reasonable advance notice, the HOA and the Owners shall allow
reasonable periodic examinations of the exterior of the Property by City,
County Assessor, the California Department of Parks and Recreation, and
the State Board of Equalization, as may be necessary to determine the
HOA and the Owners' compliance with the terms and provisions of this
Agreement.
3.4 The HOA and the Owners shall take reasonable steps to obtain and keep
in force during the term of this Agreement a policy or policies of insurance
(or a reasonable substitute therefore) providing replacement value
coverage against damage to the Property against all perils included within
the classification of fire, extended coverage, vandalism, malicious mischief
and other generally covered perils, but excluding earthquake, flood and
other matters either not generally available within the Palm Springs area,
or not generally offered in such a policy without requiring an additional
premium. Failure to maintain insurance or a reasonable substitute
therefore shall be grounds for termination of this Agreement pursuant to
Section 5(a) below.
4. Provision of Information. Owners and HOA hereby agree to furnish City with all
reasonable information requested by City which may be necessary or advisable
to determine compliance with the terms and provisions of this Agreement.
5. Non-Renewal and Cancellation.
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(a) City may elect to provide notice of non-renewal of this Agreement in its
discretion consistent with the provisions of this Agreement and with
applicable law,.
(b) City, following notice in accordance with California Government Code
Section 50285 and a duly noticed public hearing before the Council, may
elect to cancel this Agreement only if the Council finds and determines
that (i) Owners and HOA, through their own willful or negligent acts, and
subject to Section 16 below, have failed to restore or rehabilitate the
Property in accordance with any approved Plans for physical
improvements to the property, or (ii) HOA and Owners, through their
respective willful or negligent acts, and subject to Section 16 below, have
allowed the Property to deteriorate beyond the point that it no longer
meets the standards for a qualified historic property, and the deterioration
is serious and irreversible.
(c) Notwithstanding anything to the contrary herein, the Property shall be
deemed to meet the standards for a qualified historic property if it is
maintained in accordance with Section 3.2.
(d) If City determines to cancel or not to renew this Agreement as specified
above, it shall provide the HOA and the Owners with written notice of its
intent to cancel or not renew, and such notice must specify in detail the
reasons for the cancellation and/or non-renewal and the steps which The
HOA and the Owners must take to cure any such problems (unless such
reasons are not susceptible of cure). If City determines in its reasonable
discretion that HOA and/or the Owners have not cured such problems
within ninety (90) days of such notice (or if curing such problems will
reasonably take longer than ninety (90) days and HOA and/or Owners
have not commenced diligent efforts to cure such problems within ninety
(90) days), then City shall (i) with respect to a decision to cancel, notice
and hold a second public hearing before the Council to determine whether
to cancel this Agreement, or (ii) with respect to a decision not to renew,
provide the HOA and the Owners with written notice of its final decision
not to renew this Agreement. Notice of all hearings under this Agreement
shall be given to the HOA and the Owners directly pursuant to Section 11
below and published in accordance with Government Code Section 6061.
(e) If City cancels (but not if City elects not to renew) this Agreement in
accordance with this Section 5, the Owners shall pay a cancellation fee of
twelve and one-half percent (12'/:%) of the full value of the Historic
Property at the time of cancellation. The full value shall be determined by
the County Assessor without regard to any restriction on the Property
imposed pursuant to this Agreement. The cancellation fee shall be paid to
the County Auditor at such time and in such manner as the Auditor shall
prescribe. As an alternative to cancellation of this Agreement for breach of
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any condition, City may (without limiting Owners' right to elect not to renew
this Agreement), but is not obligated to, bring any action in court
necessary to enforce the Agreement including, but not limited to, an action
for specific performance or injunction.
(f) The HOA and the Owners acknowledge that it may serve notice of its
election not to renew this Agreement, but that the Agreement will remain
in place through the existing term. The HOA and the Owners further
acknowledge that it may not cancel this Agreement for any reason.
6. No Compensation. Neither the HOA nor the Owners shall receive any payment
from City in consideration of the obligations imposed under this Agreement. The
HOA, the Owners and City acknowledge and agree that the primary
consideration to 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 HOA and the Owners is the
economic advantage that will accrue to Owners 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. However, the HOA and the
Owners acknowledge that it is not guaranteed to receive a reduction of property
taxes as a result of this agreement.
7. Condemnation. Upon the filing of an action in eminent domain by a public entity
for the taking of all or any portion of any interest in the Property, and a
determination by City that such action will frustrate the purpose of this
Agreement, then in such event this Agreement shall be canceled as to those
portions of the Property that are affected by the condemnation action (such that
the value shall be appraised for condemnation purposes as unencumbered by
the historic property restrictions set forth herein), and no fee shall be imposed on
the HOA or the Owners for cancellation in accordance with Government Code
Section 50286. If subsequent to the filing of an action in eminent domain, the
proposed condemnation is abandoned by the condemning agency as to all or a
portion of the Property, the restrictions on the use of the Property included in this
Agreement shall be automatically reinstated, the Property shall be deemed,
retroactive to the date of such abandonment, to have been subject to this
Agreement, and the terms of this Agreement shall be in full force and effect.
8. Destruction. Upon any damage to or destruction of the Property, the HOA, the
Owners and City shall proceed in accordance with this Section 8. In the event
there is any damage to or destruction of the Property, this Agreement shall not
be deemed to require the HOA or the Owners to rebuild, repair or restore the
damaged portion, and the HOA and the Owners shall not be held in default under
this Agreement for its failure to do so, provided, however, that this provision does
not relieve the HOA or the Owners of any obligation to repair or otherwise take
action with respect to the Property to the extent required to do so by applicable
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state and federal laws and regulations, if any, other than historical preservation
laws.
(a) Minor Insured Damage. In the event the Property or any portion thereof is
damaged by any casualty that is covered by the insurance maintained by
the HOA or the Owners, then the HOA and/or the Owners shall rebuild,
repair and restore the damaged portion thereof provided that (i) the
amount of insurance proceeds available to the HOA or the Owners equals
or exceeds the cost of such rebuilding, restoration and repair, and the total
cost of repair is less than $250,000 (in the opinion of a licensed architect,
engineer or other qualified person selected by the HOA or the Owners and
approved by City in its reasonable discretion), (ii) such rebuilding,
restoration and repair can be completed within nine (9) months after the
work commences, in the opinion of a registered architect or engineer or
other qualified person selected by the HOA or the Owners and approved
by City in its reasonable discretion, (iii) City has not acted to cancel or not
to renew this Agreement on or before the date of commencement, and (iv)
such rebuilding, restoration or repair is then permitted to be done under
governmental laws, rules and regulations in existence as of the Approval
Date in such a manner as to return the damaged portion thereof to
substantially its condition immediately prior to the damage or destruction.
To the extent that insurance proceeds must be applied to reduce any
indebtedness secured by a mortgage or deed of trust encumbering the
Property or any portion thereof, such proceeds, for the purposes of this
subsection, shall be deemed not available to the HOA or the Owners
unless such beneficiary permits the HOA or the Owners to use such
proceeds for the rebuilding, restoration and repair of the damaged portion
thereof. If the HOA or the Owners are required under this Section to
rebuild, restore or repair the Property, such work shall commence not later
than one (1) year after receipt of the applicable insurance proceeds, and
the HOA or the Owners shall thereafter diligently proceed to complete
such work within eighteen (18) months after commencement; provided,
however, that so long as the HOA or the Owners shall be diligently
proceeding toward completion of the work, such commencement and
completion dates shall be extended by City's Director of Planning Services
upon Owners' request.
(b) Maior or Uninsured Damage. In the event the Property is damaged or
destroyed by any casualty to the extent that the HOA or the Owners are
not obligated, under subsection (a) above, to rebuild, repair or restore the
damaged portion thereof, then within sixty (60) days after either (i) a final
determination that damage is not an insured claim (or one (1) year after
the date of damage, whichever comes first), or(ii) the HOA or the Owners'
receipt of insurance premiums sufficient to rebuild (as determined under
subsection (a) above), the HOA or the Owners shall notify City of its
election, at its option, either to (1) rebuild, restore and repair the damaged
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portions thereof, in which case the HOA or the Owners' notice shall
specify the time period within which the HOA or the Owners estimate such
repairs or restoration can be completed; or (2) terminate this Agreement
effective as of the date the damage or destruction occurred. If the HOA or
the Owners elect to rebuild, restore or repair the Property under this
Section, such work shall commence not later than one (1) year after
receipt of the applicable insurance proceeds (or determination that the
damage is not an insured claim), and the HOA and the Owners shall
thereafter diligently proceed to complete such work within eighteen (18)
months after commencement; provided, however, that so long as HOA or
the Owners shall be diligently proceeding toward completion of the work,
such commencement and completion dates shall be extended by City's
Director of Planning Services upon Owners' request.
(c) Termination. If the HOA or the Owners elect to terminate this Agreement
as provided in Section 8(b), no cancellation fee shall be required. Upon
the HOA or the Owners' election to terminate, the Property shall be
reassessed retroactively, as of the damage or destruction date(s) (but
taking into account such damage or destruction), in accordance with
applicable property tax laws, as if the Property was not subject to this
Agreement following such damage or destruction date(s).
9. Binding Effect of Agreement. The HOA and the Owners hereby subject the
Property to the covenants, reservations, and restrictions set forth in this
Agreement. The City, the HOA and the Owners hereby declare their specific
intent that the covenants, reservations, and restrictions set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon
Owners' successors and assigns in title or interest to the Historic Property. Each
and every contract, deed or other instrument hereinafter executed, covering or
conveying the Property, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations,
and restrictions expressed in this Agreement regardless of whether such
covenants, reservations, and restrictions are set forth in such contract, deed or
other instrument.
The City, the HOA and the Owners hereby declare their understanding and intent
that the burden of the covenants, reservations, and restrictions set forth herein
touch and concern the land in that the HOA and the Owners' legal interest in the
Property is rendered less valuable thereby. City, HOA and Owners 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 historic characteristics and significance of the Property for the
benefit of the public, the HOA and Owners.
10. Unenforceability. In the event a court of competent jurisdiction finds that this
Agreement does not constitute an enforceable restriction within the meaning of
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the applicable provisions of the Government Code and the Revenue and
Taxation Code, except for an unenforceability arising from the cancellation or
non-renewal of this Agreement, for any tax year during the original term or any
renewal of this Agreement, then this Agreement shall be null and void and
without further effect, and the Property shall from such time be free from any
restriction whatsoever under this Agreement without any payment or further act
of the parties to the Agreement.
11. Notice. Any notice required to be given by the terms of this Agreement shall be
provided in writing and shall be mailed by certified mail, return receipt requested
or delivered by a recognized delivery or overnight courier service to the address
of the respective parties as specified below or at any other address as may be
later specified by the parties hereto by written notice given in accordance with
this Section 11. Deposit of notice in the mail, certified, return receipt requested
and postage prepaid, or receipt of delivery as speed above, shall be deemed
receipt of the notice.
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attn: City Manager
With a copy to: Woodruff, Spradlin & Smart
Attn: Douglas Holland, Esq.
To Owners: Douglas%Mac Beth (name&address)
692 Castro St,
San Francisco, CA 94114
L,Stanley Deen
692 Castro St.
San Francisco, CA 94114
To HOA: Royal Hawaiian Estates
Bill Lewallen
283 East Twin Palms Dr.
Palm Springs, CA 92264
12. General Provisions.
12.1 None of the terms, provisions or conditions of this Agreement shall be
deemed to create a partnership between the parties hereto and/or 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.
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12.2 The HOA and the Owners agree to and shall hold City and its elected
officials, officers, agents, and employees harmless from liability for
damage or claims for damage for personal injuries, including death, and
claims for property damage which may arise from the direct or indirect use
or operations of the HOA or the Owners or those of the HOA or the
Owners' contractor, subcontractor, agent, employee or other person acting
on HOA or the Owners' behalf which relates to the use, operation, and
maintenance of the Property. City agrees to and shall hold the HOA and
the Owners and the HOA and Owners' officers, principals, agents,
contractors, employees, heirs, successors and assigns harmless from
liability for damage or daims for damage for personal injuries, including
death, and claims for property damage which may arise from the activities
on the Property of City or those of City's contractor, subcontractor, agent,
employee or other person acting on City's behalf which relates to Citys
activities on the Property.
12.3 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 hereto, their heirs, successors, legal representatives,
assigns and all persons acquiring any part or portion of the Property,
whether by operation of law or in any manner whatsoever.
12.4 In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations 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.
12.5 Subject to Section 10 above, 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 affected thereby.
12.6 This Agreement shall be construed and governed in accordance with the
laws of the State of California.
12.7 City shall cooperate with the HOA and the Owners to the extent necessary
in providing the County Assessor's Office with confirmation of and
information regarding this Agreement in connection with the qualification
of the Property for the initial assessment and any subsequent
assessments of valuation of the Property encumbered with restricted
historical property status in accordance with the California Revenue and
Taxation Code.
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12.8 This Agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all
other related counterparts.
12.9 This Agreement has been agreed to by the parties only after negotiations
between City, the HOA and Owners, all of which were represented by
counsel. Accordingly, this Agreement shall not be construed as if it had
been prepared only by City, the HOA or Owners, but rather as if the City,
the HOA and Owners had prepared the same.
13. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, City shall cause this Agreement to be recorded in the office
of the County Recorder of the County of Riverside.
14. Notification of Contract. The HOA or Owners shall provide written notice of the
existence of this Agreement to the Office of Historic Preservation within six (6)
months after execution of this Agreement.
15. Amendments. This Agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
16. Force Maieure. If the performance by the HOA or the Owners of any provision of
this Agreement is delayed or prevented by any act of God, strike, lockout,
shortage of material or labor, restriction by any governmental authority, civil riot,
flood, and any other cause not within the control of the HOA or Owners, then the
period for HOA or Owners' performance of the provision shall be automatically
extended for the same time the HOA or the Owners are so delayed or hindered.
(SIGNATURES ON FOLLOWING PAGE 12)
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3 of I8
IN WITNESS WHEREOF, City and Owners have executed this Agreement on
the day and year first written above.
CITY OF PALM SPRINGS,
(Jd'C
1i ', I r a municipal corporation
Dated: 52, m6t4 B
City Manager -
17A1D 0, Rf,-AD`I
APPROVED AS TO FORM: ATTEST:
UtRl5T1 ,pET(F.RUTO
o1LT_
City Atto ey Clerk -S 6 T p(v�c o N
APPROVED COUNCIL
Dated: y Une OlZ By: -
Owner '`p I,A6 -g-. MACfWTj4
Dated: By:
O ner "5 L-iy DE5N
Dated: 261Z By:
HOA �9 Ll- eW6)1f P!'1
V-0-/ tL' MWNItdV�-%IATvS
FWA,41E i^)Wl S f1 4hTiorJ
(OwnersMOA Affidavit(s) follow on page 13)
13
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OWNER AFFIDAVIT
State of C A )
)ss.
County of
On 0 49 t -z before
Date Name and TRIe of Officer
personally appeared ,r ,s�w1 arrbcbG �.Nd �_ Swa a��r-c
Naa(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
names) ' re subscribed to the within I ent and acknowledged to me that
heJsha executed the same in his/her eir uthorized capacity(ies), and that by
his/h e' signatures(s) on the instrument the person(s), or the entity upon behalf of
which a person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of (—_14
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
RICHARD CARLLANGNALS
COMM. #1841966 z
z" Notary
Sonoma Coun s1plILL
My Comm Ex fires Mar.26,zm3 Si na ure of Notary ublic
/1 Y HOA AFFIDAVIT
State of
County of
)ss.
IC i��Kyl by ) .cam
On 1&/ --- before me,
Date Name and Title of Officer
personally appeared %t I L)41) GAJ
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) isle& subscribed to the within instrument and acknowledged to me that
heJ,sk�,�h<y executed the same in his[herltbeif authorized capacity(ies), and that by
hislr signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
that the foregoing paragraph is true and correct.
WITNESS my hand and official e
tZA
Sig of Nota ubli
"' DAVF BERGHOFP
Fly' J{ti omm #7837753 L
Q,�=. Ncti ersidecLou,,niay
14 � RmerS�de Cowry
,7, My Commission Expires''
0H7I 15 of
08 S
. $
LARRY W. WARD Recorder
P.O.Box 751
COUNTY OF RIVERSIDE Riverside,CA92502-0751
r _ — ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
www.riversidmer.com
NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary: DAVE BERGHOFF
Commission#: 1837153
Place of Execution: COUNTY OF RIVERSIDE, CALIFORNIA
Date Commission Expires: March 13, 2013
Date: I
Signature:
Print Name: F LIPE PRIMERA
ACR I86P-AS4RE0(Rev.09/2006) Available in Alternate Formats
I IIIIII IIIIIII III IIIII IIIIII IIIIII IIIII III IIIIII III IIII 1I/ /2e 012 seaa6
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the County of Riverside,state of California,described as
follows:
Parcel 38,In the City of Palm Springs, County of Riverside,State of California, as per Record of
Survey recorded in Book 32 Page 69 of Records of Survey records of said county.
EXCEPT therefrom the oil,gas, minerals,and other hydrocarbon substances lying below the surface
of said land,as provided in deeds of record.
Assessor Parcel No. 511-070-020-0
15
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20 0£08:38A
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On September 26, 2012, before me, JAMES THOMPSON, CITY CLERK, CITY
OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I
personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name
is subscribed to the within instrument and acknowledged to me and that he executed
the same in his/her official and authorized capacity on behalf of the City of Palm
Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
261h day of September, 2012:
;OE PALM$.
iy
O
Y N
e�
Signature: �- �,->-,-��,�--�.I _.��_�r!
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
Title or Type of Document: Historic Property Preservation Agreement
275 East Twin Palms Drive, APN 511-070-020-0
Document Date: June 8, 2012 Number of Pages: 1616,includingthispageepage
IIII I IIIIIII III IIIII IIIIII IIIIII IIIII III IIIIII III IIII 11 1 18 201o20 1838E£