HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (10) DATE: September 15, 2004
TO: City Council
FROM: Director of Strategic Planning
HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT')
BETWEEN THE CITY OF PALM SPRINGS AND JON ROBERTS AND JOHN BOCCARDO
FOR THE PROPERTY KNOWN AS EDRIS HOUSE, LOCATED AT 1030 CIELO DRIVE.
RECOMMENDATION
That the City Council approve the attached Historic Property Preservation Agreement ("Mills Act
contract') between the City of Palm Springs and John H. Boccardo Living Trust and Jon Roberts
Living Trust for Edris House, located at 1030 Cielo Drive. The trustee of the John H. Boccardo
Living Trust is John H. Boccardo and the trustee of the Jon Roberts Living Trust is Jon Roberts.
SUMMARY
Edris House was designated a Class 1 historic site on September 3, 2003. The Historic Site
Preservation Board, at its September 14, 2004 meeting, will review the Mills Act contract for
Edris House. The City Attorney reviewed and gave final approval for the agreement on August
26, 2004.
BACKGROUND
The Mills Act is a state sponsored legislation granting local governments the authority to directly
participate in an historic preservation program. It is designed to provide private property owners
with an economic incentive, via property tax relief, to actively participate in the restoration of
their historic properties.
Property owners may qualify for property tax relief if they pledge to restore and maintain the
historical and architectural character of their properties for at least a ten-year period. A formal
agreement known as a Mills Act contract is executed between the local government and the
property owner for a minimum ten-year term. Contracts are automatically renewed each year
and are transferred to new owners when the property is sold. Property owners agree to
preserve and maintain the property in accordance with specific historic preservation standards
and conditions as identified in the contract. Local authorities may impose penalties for breach
of contract or failure to protect the historic property. The contract is binding to all owners during
the contract period.
A qualified historic property is a property listed on any official federal, state, county, or city
register. As a Class 1 historic site, Edris House is recognized as a qualified historic property
under the Mills Act.
The Mills Act contract has the effect of freezing the base value of the property. There is little
effect over the first few years but as the property is restored over a longer period of time, the
value increases and the property tax savings may increase over time. The property owners
have consulted with their tax advisors and determined that entering into a Mills Act contract with
the City would be mutually beneficial for both parties. The owners also understand that entering
into the Mills Act contract only represents the potential for property tax savings and is not a
guarantee.
The current owners of the Edris House have already invested a significant amount of money to
restore and preserve the property in its original state and will continue to do so. The potential
property tax savings provided by the Mills Act contract will assist the owners in defraying the
costs associated with maintaining the property.
Attached is the agreement for City Council review. The property owners would like to have the
agreement approved in time in order for it to take effect by the next tax date.
10,"�' --11 - I - L--�
Dir�or off tegic Planning
City Manager
ATTACHMENTS
1. Mills Act contract
2. Minute Order
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
I3ISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made and entered into this _day of
2004 (the "Effective Date"), by and between the CITY OF PALM SPRINGS, a
municipal corporation("City"), and JOIIN II. BOCCARDO, TRUSTEE OF THE JOHN H. BOCCARDO
LIVING TRUST, AND JON ROBERTS, TRUSTEE OF THE JON ROBERTS LIVING TRUST
("Owner").
RECITALS:
A. California Government Code Sections 50280, et seq., authorize 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 lazown as the ''Edris
House," together with associated structures and improvements and real property, all generally
located at the street address 1030 Cielo Drive, Palm Springs, California 92262 (collectively, the
"Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A
and is incorporated herein by this reference.
C. On September 3, 2003 (the "Approval Date"), the City Council of the City of Palm Springs
("Council") adopted Resolution No. 20728 thereby declaring and designating the Historic
Properly as an historic landmark pursuant to the terns 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 Edris House, in accordance with
Government Code Sections 50280 through 50290, as amended from tune to time, and to qualify
the Historic 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. Effective Date and Term of Agreement. This Agreement shall be effective and connnence 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, such initial term will automatically be extended as provided
in Section 2 below.
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
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renew the Agreement, in which case temunation 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 written notice of non-renewal is served by the non-renewing party
at least ninety(90) days prior to the next upcoming annual Renewal Date. City may elect
not to renew this Agreement only for the reasons and in accordance with the notice and
hearing procedure 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 serves timely notice to City of non-renewal in any year, or the Council votes not
to renew the Agreement in accordance with Section 5 below after timely service of notice
by City, 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. Owner may make a written
protest of City's notice of cancellation in accordance with 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 Historic Pronely During the term of this Agreement, the Historic
Property shall be subj ect to the following conditions, requirements, and restrictions.
3.1 Owner shall restore and rehabilitate, and thereafter preserve and maintain, the Edris
House, as necessary to retain the historical significance of the Historic Property, in
substantial conformance with the architectural plans and drawings listed on Exhibit B
("Plans"), hue and correct copies of winch shall be maintained in the City's Planning
Department. Plans are on file in the Department of Planning Services, City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs. Owner and City agree and acknowledge that City
has reviewed and approved the Plans, and that the Plans formed the basis both for the
Council's approval of the Historic Property as air historic landmark and for the Council's
decision to cause City to enter into this Agreement. Owner and City further agree and
acknowledge that the Plans, as of the Approval Date, comply with the standards for a
qualified historic property within the meaning of Government Code Section 50284, as
this section is applied, and will hereafter be applied, to the Historic Properly. Owner may
hereafter modify the Plans, or alter or remove any structures, improvements or features
from the Plans, and from the Historic Property (other than the Edris House), after the
Completion Date (as defined below), only so long as any such modifications, alterations
and/or removal do not materially and adversely affect the historical significance of the
Historic Properly as determined in Owner's reasonable discretion; provided, however,
that Owner may perform routine maintenance and repair of the Edris House, but may not
materially alter the Edris House without the prior approval of City which approval shall
not be unreasonably withheld or delayed. 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,
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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 Historic Property and/or the
Plans which Owner reasonably determines to be significant, prior to implementation of
the changes. Notwithstanding anything herein to the contrary, Owner shall not be
required to perform any restoration or rehabilitation to the Historic Property except as
specified in the Plans as of the Approval Date. Upon completion of the rehabilitation in
accordance with the Plans ("Completion Date'), no further restoration or rehabilitation
shall be required, and Owner shall only be required to maintain the Historical Property in
accordance with the Plans as of the Approval Date, without regard to any subsequent
changes in law or regulations.
3.2 Upon reasonable advance notice, Owner shall allow reasonable periodic exarrdnations of
the interior and exterior of the Historic Property by City, County Assessor, 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 Historic Property so as to permit a view corridor near the
entrance to the Edris House, enabling the general public to see the entry to the Edris
House front the portion of Cielo Drive adjacent to the Historic 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 provided by the City and is 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 borne solely by City), and
maintained at Owner's sole cost and expense. City acknowledges and agrees that Owner
is maintaining the Historic Property as a private residence, 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.
3.4 Owner shall take reasonable steps to obtain and keep in force during the tern of this
Agreement a policy or policies of insurance (or a reasonable substitute therefor) covering
damage to the Edris House 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. Notwithstanding anything to the contrary herein. Owner shall not be
required to pay insurance premiums in an aggregate amount exceeding $1,000.00 a year
(in 1997 dollars) for the Edris House. Failure to maintain insurance or a reasonable
substitute therefor 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.
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(a) City may elect not to renew this Agreement in its reasonable discretion consistent with
applicable law, including without limitation that Owner has failed to comply with its
obligations hereunder.
(b) City, following 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 Historic 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 Historic 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 Historic Properly 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 cuing such problems
will reasonably take longer than ninety (90) days and Owner has 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(12r/z%)
of the full value of the Historic Properly at the time of cancellation. The full value shall
be determined by the County Assessor without regard to any restriction on the Historic
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 tern. 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
execration of this Agreement is the substantial benefit to the citizens of Palm Springs accruing
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from the rehabilitation and maintenance of the Historic 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 Historic Property of the restrictions on the use and preservation of the
Historic 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 Historic 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 Historic 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 he imposed on 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 Historic Property, the restrictions on the use of the Historic
Property included in this Agreement shall be automatically reinstated, the Historic 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 frill force and effect.
8. Destruction. Upon any damage to or destruction of the Edris House, Owner and City shall
proceed in accordance with this Section 8. In the event there is any damage to or destruction of
the Historic Property other than the Edris House, this Agreement shall not be deerned 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 Historic
Property to the extent required to do so by applicable state and federal laws and regulations, if
any, other than historical preservation haws.
(a) Minor Insured Damage. In the event the Edris House 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 Ness 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 retain the damaged portion
thereof to substantially its condition iminediately 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 Historic 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 Edris House, such work shall corranence 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 (I8) months afier
commencement; provided, however, that so long as Owner shall be diligently proceeding
5 1- 7
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) Major or Uninsured Damage. In the event the Edris House or any portion thereof 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 determnied under subsection (a)
above), Owner shall notify City of its election, at its option, either to (1) rebuild, restore
and repair the daniaged 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 Edris House Linder this Section,
such work shall commence not later than one (1) year after receipt of the applicable
insurance proceeds (or detennination 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 Plamihng Services upon Owner's request.
(c) Tenumation. 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 Historic
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 Historic Property was not subject to this Agreement following such
damage or destruction date(s).
9. Binding Effect of Agreement. Owner hereby subjects the Historic 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 Historic 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.
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 Historic 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 Historic Property for the benefit of the public and Owner.
10. Unenforceability. In the event a coot of competent jurisdiction finds that this Agreement does
not constitute an enforceable restriction within the meaning of the applicable provisions of the
Govemmuent Code and the Revenue and Taxation Code, except for an umenforceability 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
6 '
effect, and the Historic Property shall from such time be free fi-om any restriction whatsoever
under this Agreement without any payment or farther act of the parties to the Agreement.
11. Notice. Any notice required to be given by the terns 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: Aleshire&Wynder, LLP
Tower 17
18881 Von Karman Avenue, Suite 400
Irvine, California 92612
Attn: David Aleshire, Esq.
To Owner: John H. Boceardo and Jon Roberts
1030 Cielo Drive
Patin Springs, California 92262
12. General Provisions.
12.1 None of the teens, provisions or conditions of this Agreement shall be deemed to create a
partnership between the parties hereto and/or avy of their heirs, successors or assigns,nor
shall such terns, provisions or 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 Historic 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 Historic
Properly 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 Historic 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 Historic Property, whether by operation of law or in any manner
whatsoever.
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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
Assessors Office with confirmation of and information regarding this Agreement in
connection with the qualification of the Historic Property for the initial assessment and
any subsequent assessments of valuation of the Historic Property encumbered with
restricted historical property status in accordance with the California Revenue and
Taxation Code.
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 bad 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 Ma'el ire. 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
govenumental 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.
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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
Dated: By:
APPROVED AS TO FORM: ATTEST:
�r ey City Clerk
JOHN H. BOCCARDO, AS TRUSTEE OF
THE JOHN H. BOCCARDO LIVING TRUST,
AND SON ROBERTS, AS TRUSTEE OF THE
/ JON ROBERTS LIVIN/G TRUST
Dated: !1a/ p By.
J lm H.Boccardo
ohn H. Boccardo Living Trust
r�
Dated: O .- �'7(��— By:,
11 Jon Roberts
Jon Roberts Living Trust
9
STATE OF t `'�f"`` A)i4 )
COUNTY OFF "+� )SS.
On this day of ( G 4, before e, the undersigned, a Notary Public
in and for said State, personally ape red 0 17 'CG 2 �_ personally known to me or
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.
IN WI SS WHEREOF, I have hereunto set my hand an affixed my official seal the day and
year in this ce G rcate first above written.
ERNEST LACEY
Nt t u rfand for said sio #14 Star Commission 46028
4;... Notary Public-California
Morin County
�MyComm.Expires Oct 12.2007
STATE OF
COUNTY OF M )SS.
�r C � )
On this day of "Tdy V,'G 2004 efore,me, the undersigned, a Notary Public
in and for said State, personally a e red Q i personally known to me or
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 Ins/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
IN W SS WHEREOF, I have hereunto set my hand an affixed my official seal the day and
year in this rti care fast above written.
r�
�� ' ERNEST LACEY
Notury-Pi and for sai State Commission# 1445028
QMvComm.
Notary Public-California .
Marin County
Expires Oct 12,2007
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EXHIBIT A
LEGAL DESCRIPTION
Lot 6 of Little Tuscany No. 3, in the City Palm Springs, County of Riverside, State of California, as
shown by map on file in book 22 page 87 of maps, records of Riverside County, California.
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EXHIBIT B
PLANS
Site Plan
Architectural Elevations
12
MINUTE ORDER NO. TSS ;
APPROVING THE HISTORIC PROPERTY PRESERVATION
AGREEMENT ("MILLS ACT CONTRACT') BETWEEN THE CITY
OF PALM SPRINGS AND JOHN H. BOCCARDO AND JON
ROBERTS FOR THE PROPERTY KNOWN AS EDRIS HOUSE,
LOCATED AT 1030 CIELO DRIVE.
I HEREBY CERTIFY that this Minute Order, approving the Mills Act contract between the City of
Palm Springs and John H. Boccardo and Jon Roberts for the property known as Edris House,
located at 1030 Cielo Drive, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the of 2004,
PATRICIA A. SANDERS
City Clerk