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A6175 - THOMAS O'CONNELL THE FRANK SINATRA TWIN PALMS ESTATE
51AI G FAMM UCMCMAL INSVMANG[ WINVANT A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS RENEWAL DECLARATIONS g?Box 2gg 15 coming on IL 61702-2915 Addl Insured -Section II Only AT2 001994 3125M-12-7033-FA41 F N THE CITY OF PALM SPRINGS ITS OFFICIALS EMPLOYEES AND AGENTS 3200 E TAHOUITZ CANYON WAY PALM SPRINGS CA 92262-6959 II��'IIII��IIIrrIIIlillllll�l'I��rl�l�l'Illl'�III�II��IIII�'��II' Businessowners Policy Policy Number 90-BP-L912-4 Policy Period Effective Date Expiration Date 12 Months AUG 28 2024 AUG 28 2025 The pollGy period begains and ends at 12:01 am standard time atu premises Tocation. Named Insured O'CONNELL, THOMAS J 8 MARIANNE, TRUSTEES OF THE O'CONNELL FAMILY TRUST DATED 7/15/2004 Automatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subjectto the premiums, rules and forms in effectfor each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: FAMILY TRUST NOTICE: Information concerning changes in your policy language is included. Please call your agent it you have any questions. POLICY PREMIUM Discounts Applied: Renewal Year Years in Business Claim Record Prepared JUN 17 2024 CMP-4000 $ 10,282.00 RECEi v JUN 24 2Uc' _,-` '�h THE CITY CLERi-, © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Dffice, Inc., with its permission. 013819 294 Al Continued on Reverse Side of Page Page 1 of 7 N RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS Policy Number 90-BP-L912-4 SECTION I -PROPERTY SCHEDULE:' Location Location of Limit of Insurance' Limit of Insurance' Seasonal Number Described Increase - Premises Coverage A - Coverage B - Business Buildings Business Personal Personal „ Property Property 001 1145 E VIA COLUSA - - $ 1,611,800 $ 496,800 25% - PALM SPRINGS CA 92262-6123 AUXILIARY STRUCTURES Location - - - --Description- - Limit of Insurance" - Limit of Insurance' -- Number Coverage A - Coverage B - Buildmgs Business Personal Property 001A Pool $ 323,400 See Prof Sch " As of the effective date of this policy, the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage. SECTION r INF6ATI5N'COVERAGE INDEWES1 Cov A - Inflation Coverage Index: 257.3 Cov B - Consumer Price Index: 313.5 SECTION I - DEDUCTIBLES Basic Deductible $10,000 Prepared JUN 17 2024 © Copyright State Farm Mutual Automobile Insurance Company, 2000 CMP-4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 013819 • .. Continued on Next Page Page 2 of 7 rarerarm • • •• RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS Policy Number 90-BP-L912-4 Special Deductibles: ' Money and Securities $250 Equipment Breakdown $2,500 Other deductibles may apply - refer to policy. u SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - EACH DESCRIBED PREMISES The coverages and corresponding limits shown below apply separately to each described premises shown in these Declarations, unless indicated by"See Schedule." If a coverage does not have a corresponding limit shown, below, but has "Included" indicated, please refer to that policy provision for an explanation of that coverage. LIMIT OF COVERAGE INSURANCE Accounts Receivable On Premises $10,000 Off Premises $5,000 Arson Reward $5,000 Collapse Included Damage To Non -Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit Debris Removal 25% of covered loss Equipment Breakdown Included Fire Department Service -Charge $2,500 Fire Extinguisher Systems Recharge Expense - $5,000 Forgery Or Alteration $10,000 Glass Expenses Included Increased Cdst Of Construction And Demolition Costs (applies only when buildings are 10% insured on a replacement cost basis) Money And Securities, (Off Premises) $2,000 Money And Securities (On Premises) $5,000 Money Orders And Counterfeit Money $1,000 Prepared JUN 17 2024 CMP-4000 013820 294 11 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Continued on Reverse Side of Page Page 3 of 7 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS Policy Number 90-1313-1.912-4 Newly Acquired Business Personal Property (applies only if this policy provides ;- $100,000 .-. Coverage B - Business Personal Property) Newly Acquired Or Constructed Buildings (applies only if this policy provides $250,000 Coverage A - Buildings) Ordinance Or Law - Equipment Coverage Included Outdoor Property $5,000 - — Personal Effects (applies only to•those premises provided Coverage B'- Business $2,500 Personal Property) Personal Property Off Premises $15,000 Pollutant Clean Up And Removal $10,000 Preservation bf Property 30 Days Property Of Others (applies only to those premises provided Coverage B - Business $2,500- Personal Property) Signs , $2,500 , Valuable Papers And Records On`Premises $10,0 0 Off Premises $5,000 SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of -the number of = described premises shown In these Declarations. COVERAGE Utility Interruption - Loss Of Income Loss Of Income And Extra Expense LIMIT OF INSURANCE $10;000 Actual Loss, Sustained - 12 Months Prepared JUN 172024© Copyright State Form Mutual Automobile lnsurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services'Offibe, Inc,, with its permission. 013820 Continued on Next Page Page ,4 of 7 RdlCrtl[ll[ u • • •o 'RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS ± Policy Number 90-BP-L912-4 SECTION Ih- LIABILITY- I - COVERAGE Coverage L - Business Liability Coverage M - Medical Expenses (Any One -Person) Damage To Premises Rented To You AGGREGATE LIMITS Products/Completed Operations Aggregate General Aggregate LIMIT OF INSURANCE $5,000,000 $10,000 $300,000 LIMIT OF INSURANCE $10,000,000 $10,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section If r Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP-4101 Businessowners Coverage Form FE=6999.3 'Terrorism Insurance Coo Notice CMP-4864 Building Ordinance or Law Cov CMP-4703.1 Utility Interruption Loss Incm CMP-4712 Motel Watercraft Liability CMP-4709 Money and Securities CMP-4705.2 Loss of Income & Extra Expense CMP-4260.1 Amendatory Endorsement -CA CMP-4261 Amendatory Endorsement CMP-4860.1 Al Design Person Org FD-6007 Inland Marine Attach Dec New Form Attached Prepared JUN 17 2024 CMP-4000 ©Copyright State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted materiel of Insurance Services Office, Inc., with its permission. 013821 294 Continued on Reverse Side of Page Page 5 of 7 N RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS Policy Number 90-BP-L912-4 • This policy is issued by the State Farm General Insurance Company. `'- '- Participating Policy You are entitled to participate' in a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation, as amended. In Witness Whereof, the State Farm General Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. Secretary President IMPORTANT NOTICE: Celifomla law requires us to provide you with Information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. I - ' - .' , Your agent's name and contact information are provided on the from of this document. Another option is to reach out by mail or phone directly to: State Farm' Executive Customer Service - - PO BOX 2320 Bloomington IL 61702 Phone 91-800-STATEFAF{M (1-800-782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have.failed to.reach a satisfactory agreement on a problem. California Department of Insurance Consumer services Division 300 South Spring Street Los Angeles, CA 90013 Phone #1-600.927-HELP(43MOF visit www1risurance.ca.covlol-consumers . n Prepared JUN 172024 ©Copyright, State Farm Mutual Automobile Insurance Company,2008 CMP-4000 'Includes copyrighted material oflnsurance Services Office, Inc.,with its permission. 013821 - Continued on Next Page , Page 6 of 7 7ateFarm • • •m RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE CITY OF PALM SPRINGS ITS Policy Number 90-13P-1-912-4 NOTICE TO POLICYHOLDER: For a comprehensive description of coverages and forms, please refer to your policy. Policy changes requested before the "Date Prepared", which appear on this notice, are effective on the Renewal Date of this policy unless otherwise indicated by a separate endorsement, binder, or amended declarations. Any coverage forms attached to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the "Date Prepared" will be sent to you as an amended declarations or as an endorsement to your policy. Billing for any additional premium for such changes will be mailed at a later date. If, during the past year, you've acquired any valuable property items, made any improvements to insured property, or have any questions about your insurance coverage, contact your State Farm agent. Please keep this with your policy. Prepared JUN 17 2024 CMP-4000 ©Copyright State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. u 013822 294 hi Page 7 of 7 nuaa,a„u 51AICrAUM OCNMMAL IN2UrtANRMWffirAN7 u i�i ASTOCKCOMPANYWITHHOMEOFFICESINBLOOMINGTON, ILLINOIS INLAND MARINE ATTACHING DECLARATIONS �• ae 600mmgton IL 61702-2915 Named Insured M-12-7033-FA41 F N O'CONNELL, THOMAS J & MARIANNE, TRUSTEES OF THE ,4 O'CONNELL FAMILY TRUST DATED7/15/2004 Policy Period Effective Date Expiration Data 12 Months AUG 28 2024 AUG 28 2025 The policy period beggins and ends at 12:01 am standard time atthe premiseslocatlon. ATTACHING INLAND MARINE Automatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subjectto the premiums, rules and forms in effectfor each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Uenholderwritten notice in compliance with the policy provisions or as required by law. Annual Policy Premium Included The above Premium Amountis included in the Policy Premium shown on the Declarations. Your policy consists of these Declarations, the INLAND MARINE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequentto the issuance of this policy. Forms, Options, and Endorsements FE-8739 Inland Marine Conditions FE-6271 Amendatory Endorsement FE-8745 Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared J UN 17 2024 © CopyrighL State Faim Mutual Automobile Insurance Company, 2008 FD-6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 013823 539 0000 05-31-2011 M13232c1 ATTACHING INLAND MARINE SCHEDULE PAGE ATTACHING INLAND MARINE " ENDORSEMENT LIMIT OF DEDUCTIBLE ANNUAL NUMBER COVERAGE INSURANCE AMOUNT PREMIUM FE-8745 Inland Marine Computer Prop 5 25,000 S 500 Included Loss of Income and Extra Expense S 25,000 Included Prepared JUN 17 2024 FD-6007 013823 OTHER LIMITS AND EXCLUSIONS MAYAPPLY - REFER TO YOUR POLICY- © Copyright, State Farm Mutual Automobile Insurance Company, 2C08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 530-685 al 0531h2011 1032 DOC # 2012-0068590 02/15/2012 09:23A Fee:NC Page 1 of 14 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder FREE RECORDING REQUESTED BY I IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIIII IIII IIII AND WHEN RECORDED RETURN TO: City of Palm Springs 3200 East Tahquitz Canyon Way S R U PAGE SIZE DA MISC LONG RFD COPY Palm Springs, CA 92263-2743 Attn: City Clerk M I A I L 1 465 1 426 PCOR NCOR SMF NCH U oM, C& T: CTY UNI o �QQQQ/ HISTORIC PROPERTY PRESERVATION AGREEMENT NO%* -® This Historic Property Pr servation Agreement ("Agreement") is made and entered into 1 e% this IS-M day of 2011, (the "Effective Date") by and between the CITY OF PALM SPRINGS, a municipal corporation ("City"), and Mr. Tom O'Connell a08 ("Owner"). �I oMaS RECITALS: A. California Government 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 property of historical significance. B. Owner possesses fee title in and to that certain historic dwelling, commonly known as "The Frank Sinatra House" together with associated structures and improvements and real property, all generally located at the street address 1145 East Via Colusa, Palm Springs, California (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 8, 2011, (the "Approval Date"), the City Council of the City of Palm Springs ("Council") adopted Resolution No. 22882 thereby declaring and designating the Property as a historic landmark pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code. D. City and Owner, 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 and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1 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 often (10) years thereafter. Each year upon the anniversary of the Effective Date, unless this Agreement is terminated in accordance with Section 2 below, such initial term will automatically be extended by one (1) year. 2. Non-Renewal and Cancellation. Neither City nor Owner 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 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 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. Owner 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 Owner 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 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 Owner. 3. Maintenance Standards for the Prooeft. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions: 3.1 Owner 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 2 I III IIIIIIIIII IIIIIIIII III IIIII IIIII III IIII 2012of 1490aR et 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. Owner may perform routine maintenance and repair of the Property, but may not materially alter the Property without the prior approval of 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 City, Owner shall give at least sixty (60) days' written notice to City, describing the work to be done; if 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 Owner reasonably determines to be significant, prior to implementation of the changes. 3.2 Covenants Regarding Maintenance. The Owner 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. Owner 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, Owner 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. Owner and its 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 3 it IIII I I II IIII IIIII III IIII it II I II �01 ze 6 © ©sA improvement sand public improvements to the curb-line. 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: watering/irrigation; 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, 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. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and 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 Owner's compliance with the terms and provisions of this Agreement. 3.3 Owner shall landscape the Property so as to permit a view corridor near the entrance to the Property, enabling the general public to see the entry to the Property from the public way adjacent to the Property, and an historical marker briefly documenting the site for public view shall be maintained adjacent to the public right-of-way near the entry within one (1) year after the Completion Date. Such marker has been or shall be provided by the City in City's standard form used for historical properties as of the Effective Date (as to size, material, text, exact location and method of installation), and in the event of its loss, theft, or destruction, shall be replaced at Owner's sole cost and expense (provided, however, that if the total cost and expense of creating and installing the marker shall exceed $500, the excess shall be bome solely by City), and maintained at Owner's sole cost and expense. City acknowledges and agrees that Owner is maintaining the Property, and the marker and view corridor shall be situated and limited so as to minimize public intrusion and afford Owner all reasonable expectations of privacy. 4 IIIII IIIIII IIII III III II IIIIIII II IIII IIII III 291 9 f' 1 0 02 3R 4 3.4 Owner 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. Owner hereby agrees 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. (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) Owner, through its own willful or negligent acts, and subject to Section 16 below, has failed to restore or rehabilitate the Property in accordance with the Plans on or before the Completion Date, or (ii) Owner, through its own willful or negligent acts, and subject to Section 16 below, has 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 in compliance with the Plans and 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 Owner 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 Owner must take to cure any such problems (unless such reasons are not susceptible of cure). If City determines in its reasonable discretion that Owner has 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 Owner has 5 I'I IIII IIII IIII IIII II II I 1111111111111111 0e.29I 5, of 14��3R 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 Owner with written notice of its final decision not to renew this Agreement. Notice of all hearings under this Agreement shall be given to Owner 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, Owner shall pay a cancellation fee of twelve and one-half percent (12%s%) 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 any condition, City may (without limiting Owner's 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) Owner acknowledges 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. Owner further acknowledges that it may not cancel this Agreement for any reason. 6. No Compensation. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement other than costs in excess of $500 for the historical marker. Owner 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 Owner is the economic advantage that will accrue to 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. However, Owner acknowledges 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 6 I IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII(IIIIIII IIII IN0[2 16 of 14903E Owner 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, Owner 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 Owner to rebuild, repair or restore the damaged portion, and Owner shall not be held in default under this Agreement for its failure to do so, provided, however, that this provision does not relieve Owner of any obligation to repair or otherwise take action with respect to the Property to the extent required to do so by applicable 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 Owner, then Owner shall rebuild, repair and restore the damaged portion thereof provided that (i) the amount of insurance proceeds available to Owner 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 Owner 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 Owner 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 Owner unless such beneficiary permits Owner to use such proceeds for the rebuilding, restoration and repair of the damaged portion thereof. If Owner is 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 Owner shall thereafter diligently proceed to complete such work within eighteen (18) months after commencement; provided, however, that so long as Owner shall be diligently proceeding 7 III hill IIII1111 aver?of 14903A toward completion of the work, such commencement and completion dates shall be extended by City's Director of Planning Services upon Owner's request. (b) Maior or Uninsured Damage. In the event the Property is damaged or destroyed by any casualty to the extent that Owner is 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) Owner's receipt of insurance premiums sufficient to rebuild (as determined under subsection (a) above), Owner shall notify City of its election, at its option, either to (1) rebuild, restore and repair the damaged portions thereof, in which case Owner's notice shall specify the time period within which Owner estimates such repairs or restoration can be completed; or (2) terminate this Agreement effective as of the date the damage or destruction occurred. If Owner elects 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 Owner shall thereafter diligently proceed to complete such work within eighteen (18) months after commencement; provided, however, that so long as Owner 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 Owner's request. (c) Termination. If Owner elects to terminate this Agreement as provided in Section 8(b), no cancellation fee shall be required. Upon Owner's 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. Owner hereby subjects the Property to the covenants, reservations, and restrictions set forth in this Agreement. City and Owner 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 Owner's 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. 8 IIII IIIIII IIII IIII IIIIII III IIIIII II II II III II ee.291 ze 45NsR f 14 City and Owner 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 Owner's legal interest in the Property is rendered less valuable thereby. City and 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 historic characteristics and significance of the Property for the benefit of the public and Owner. 10. Unenforceability. In the event a court of competent jurisdiction finds that this Agreement does not constitute an enforceable restriction within the meaning of 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 specified 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 Owner: Mr. Tom O'Connell 165 Cloudview Trail Sausalito, CA 94965 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 9 IIII 1111111111111111Nz�91 za 12 0fi09g�aR 9 or 14 conditions cause the parties to be considered joint venturers or members of any joint enterprise. 12.2 Owner agrees 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 Owner or those of Owner's contractor, subcontractor, agent, employee or other person acting on Owner's behalf which relates to the use, operation, and maintenance of the Property. City agrees to and shall hold Owner and Owner's officers, principals, agents, contractors, employees, heirs, successors and assigns harmless from liability for damage or claims 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 City's 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 Owner 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. 10 IIIIIII IIIIIII IIII IIII IIIII i III IIIIIII III IIIIII III 1111 02 20I 20 @ f0 1403R 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 and Owner, both of which were represented by counsel. Accordingly, this Agreement shall not be construed as if it had been prepared only by City or Owner, but rather as if both City and Owner 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. Owner 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 Owner 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 Owner, then the period for Owner's performance of the provision shall be automatically extended for the same time Owner is so delayed or hindered. (SIGNATURES ON FOLLOWING PAGE 12) it III IIIIIII I II III IIIII II illl II HIM II III g2 215/2 01 I I of 140aR IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, a municipal corporation P,A\) ID R. W-Ad)y Dated: ��bt�aY� 1� a�la By:��,// City Manager APPROVED BY CITY COUNCIL APPROVED AS TO FORM: ATTEST: Ib•11 810 Ab\l5 ril-4fZ(`JTI.NA P�1'EP�T� SPrM+� 'rHaM� "City Attorney—p qLA&,-WL44ALND ity Clerk cz/ is/Zort Dated: / ' ZS�r By: ( e Dated: \��' `Z By: Owner ANMNE�—: 0'G4w0El. (Owner/Owner Affidavit(s) follow on page 13) 12 III III (IIII II IIIII III IIIIIIIIIIIII III 0c251 12 aof 14aA / OWNER AFFIDAVIT State of 4 � hi.r ) /j am )ss. County of X/a web ) On le?_5-'xv? before me, Xl" ZZ ,rx- Date Name and Title of Officer personallyappeared96r%d**e DCoh#e Aq2&'rr 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 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 han and official seal MARTIN "Op"" COMM.# 1885826 N NOTARY PUBLIC-CALIFORNIA MARIN COUNTY MY Comm,ExP.APR.15,2014 Signature of No ary Public OWNER AFFIDAVIT State of ) )ss. County of ) On before me, Date Name and Title of 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 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 seal Signature of Notary Public 13 IIIII III I IIII IIII I IIII III IIIIII 1111111111111111 ea i01 3 of 1 0 aR EXHIBIT A LEGAL DESCRIPTION That portion of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 11,Township 4 South, Range 4 East,San Bernardino Meridian,in the City of Palm Springs,County of Riverside,State of California,according to the Official Plat thereof,described as follows: Beginning at a point on the South boundary of the said Southeast Quarter of the Southwest Quarter of the Southeast Quarter, which bears North 89'56'East,a distant of 264.2 feet from the Southwest comer of the said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; Thence North 0°6 West, and parallel with the West boundary of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter,a distant of 330.67 feet; Thence North 8V 53'East and parallel with the North boundary of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter,a distant of 132.1 feet; Thence South 00 6'East and parallel with the West boundary of the said Southeast Quarter of the Southwest Quarter of the Southwest Quarter, a distant of 330.78 feet;to a point on the South boundary of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter, Thence South 89c 56' West along the South boundary of the said Southeast Quarter of the Southwest Quarter of the Southeast Quarter,a distant of 132.1 feet to the point of beginning. Assessor's Parcel Number(s): 507-274-003-4 14 IIIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIIIII III 1111 92 e)14 of 1903R