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Home My WebLink AboutA5771 - LA SERENA VILLAS AGR WITH DUET REAL ESTATE LP TO EXTEND TIME FOR ACTION AGREEMENT TO EXTEND TIME FOR ACTION ON CASE NUMBER RSPB -69 This AGREEMENT TO EXTEND TIME FOR ACTION OF CASE NUMBER HSPB— 69 ("Agreement") is entered into as of December 18, 2008 (the "Effective Date") by and between Duet Real Estate, Limited Partnership, a Delaware limited partnership ("Duet") and the City of Palm Springs (the "City") a municipal corporation- Duet and City are referred to collectively as the "Parties." RECITALS A. Duet is the owner of that certain parcel of real property commonly referred to as 339 South Belardo Road (the "Property"), located within the City. The Property is comprised of two parcels bearing Riverside County Assessor Numbers 513-202-009 and 513-202-010. B. Between approximately April and July 2008, Duet processed a request for demolition permits to demolish the Property's existing structures. C. On July 9, 2009, pursuant to an appeal and Palm Springs Municipal Code (the "PSMC") Section 8.05.125, the City Cotmcil of the City issued a 6-month stay of demolition for the Property's existing structures. The 6-month stay of demolition commenced on July 9, 2008 and will expire on January 9, 2009 (the "Demolition Stay Period"). D. As of the Effective Date,the existing structures have not been demolished. E. On November 10, 2008, in connection with City Planning Department Case Number HSPB—69 (the "City Planning Case")the City's Historic Site Preservation Board (the "HSPB")held a public hearing to consider designating the Property's existing structures as Class 1 pursuant to the PSMC. The HSPB recommended action to the City Council. Therefore,the City Council must take action on the City Planning Case. P. The City has expressed concerns that a hearing before the City Council on the City Planning Case must be held before the Demolition Stay Period expires, or the City risks Duet applying for and possibly receiving a demolition permit.' G. Duet is in the process of obtaining information relative to the City Planning Case. Duet desires to delay a City Council hearing beyond the Demolition Stay Period's expiration. H. Accordingly, after the Demolition Stay Period ;expires, Duet will not apply for demolition permits to demolish the Property's existing structures for the period of time set forth below. City will also delay scheduling a City Council hearing on the City Planning Case in accordance with the terms set forth below. TI3EREFORE, in consideration of the mutual covenants and promises contained in this Agreement and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows: K6660.003/11.21.08Img/mg l. Demolition Permits. Duet understands and acknowledges that proceeding with demolition after the Demolition Stay Period expires, but before the City Council can hold a hearing on the City Planning Case, may be detrimental to the'City's interests. In consideration of the foregoing, Duet voluntarily agrees that Duet, its officers, agents, and employees shall not request a demolition permit to demolish the Property's existing structures for the lesser of-- (a) fifty (50) days after the Demolition Stay Period expires (the "50-Day Period"); or(b) after valid City Council action on the City Planning Case. 2. City Council Hcarina. The City understands'and acknowledges that Duet intends to use the time from the Effective Date though the expiration of the 50-Day Period to obtain assessments, reports and studies (collectively, the "Data") to address issues related to the City Planning Case. City also understands and acknowledges that insufficient time to obtain the Data, may be detrimental to Duet's interests in the Property. In consideration of the foregoing and Duet's refraining from applying for a demolition permit as set forth in Section 1, City agrees that the City Clerk, City Manger, City Planning Director and all other applicable City Staff shall not schedule or cause the scheduling of a City Council hearing on the City Planning Case until the regularly scheduled City Council hearing immediately preceding the 50-Day Period's expiration. 3. Additional Time Extensions. Duet intends to collect the Data within the 50-Day Period. Forces beyond Duet's control, however, may prevent Duet from obtaining the Data within the 50-Day Period. The Parties agree that if Duet requires additional time to collect the Data, Duet shall submit a written notice of such extension to the City; provided that such time extension shall not exceed sixty (60) days, and the written request shall be submitted at least seven (7) days prior the first to occur of: (a)the expiration of the 50-Day Period; of(b)the regularly scheduled City Council hearing immediately preceding the 50-Day Period's expiration. 4. No Admission of Any Issue. This Agreement,does not constitute an admission of any issue whatsoever, including but not limited to the Property's status as Class 1 pursuant to the PSMC, or any issues raised in the City Planning case. 5. Representation of the Parties. The Parties hereby represent avid warrant as follows: a) The City hereby represents and warrants that the undersigned City Manager has the authority to bind the City, its relevant Departments and Staff to the terms of this Agreement. b) Duet hereby represents and warrants that the undersigned has the authority to bind Duet, its officers, employees, agents, successors and assigns to the terms of this Agreement. 6. Choice of Law. The laws of the State of California and any applicable federal laws shall govern this Agreement. 7. Counterparts and fax signatures. This Agreement may be executed in counterparts_ Each counterpart, when executed and delivered,shall be deemed an original and, when taken together, shall constitute one instrument. Fax signatures may serve as originals and the Parties agree that a fax signature of a Party is an acceptable form of execution hereof. If fax signatures are exchanged, the Parties will attempt to follow up with the exchange of formal original signatures to this Agreement on one instrument or counterparts thereof. $. Construction of Agreement. The Parties agree that each has cooperated in the negotiating, drafting and/or preparation of this Agreement, and, accordingly, in any construction or interpretation of this Agreement, the same shall not be construed against any party. 9. Additional Actions and Documents. The Parties shall execute and deliver such other additional documents and instruments, and shall take such other and further actions as may be reasonably required or appropriate to carry out the intended purpose of this Agreement. [SIGNATURE PAGE TO FOLLOW] DUCT REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership By: Pumpkin, LLC, lifornia limited liability compan ' s er artncr By: ZI Name: Title: ` CITY OF P P•R,�I,NGS By �� Name: �G, Title: By: /,- "cI� —� Tltl6-- i�y T Q �hLlwnuul �1(Cr ATTEST_ APPROVED BY CITY COUNCIL �• •0 `� �°J1�� • Y Glerk, a1?A98ON A K66Eo.00)fl1-ZI-08lmF/mF -4-