HomeMy WebLinkAbout00332C - HAIGS PRINTING ATAMIAN OPA REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRIC'JONS
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This Agreement is recorded at the W = n�
request and for the benefit of the n
Community Redevelopment Agency of
the City of Palm Springs and is =
exempt from the payment of a °
recording fee pursuant to Government
Code Section 6103 .
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
By: S v yVt e C.0
Its : rFSS� Sc C E T-A V
Dated: 7 /a J� 1994
REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND
RESTRICTIONS ("Agreement" ) is made and entered into as of the 6th
day of July, 1994, by and between the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and
politic (the "Agency") , and HAIG ATAMIAN dba HAIG' S PRINTING AND
DIGITAL PRESS SERVICES, a California sole proprietorship
("Participant") .
A. Participant is the sublessee of an approximately 0 . 69
acre parcel of real property (the "Property") located in the
Crossley Industrial Tract ("Tract") in the City of Palm Springs
("City" ) , County of Riverside, State of California, legally
described in the attached Exhibit "A. " The Tract is Indian land
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subject to a master lease and Participant is the sublessee of the
Property.
B. The Property is within the Ramon-Bogie Project Area (the
"Project Area" ) in the City and is subject to the provisions of the
Redevelopment Plan for the Project Area adopted by the City Council
of the City by Ordinance No. 1202 on or about November 30, 1983,
("Redevelopment Plan") , as amended from time to time . The
Redevelopment Plan is incorporated herein by reference and is a
public record available for public inspection at Agency' s offices
located at 3200 Each Tahquitz Canyon Way, Palm Springs, CA 92263 .
C. Agency and Participant have entered into an Owner
Participation Agreement (the "OPA") , dated as of July 6, 1994,
concerning the redevelopment of the Property. The OPA is
incorporated herein by reference and is a public record available
for public inspection at Agency' s offices .
NOW, THEREFORE, IN CONSIDERATION OF THE AGENCY' S AGREEMENT TO
PERFORM ITS OBLIGATIONS UNDER THE OPA, INCLUDING THE PAYMENT OF THE
AGENCY FINANCIAL ASSISTANCE AS DEFINED THEREIN, PARTICIPANT, ON
BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS, AND EACH SUCCESSOR
IN INTEREST TO PARTICIPANT' S INTEREST IN THE PROPERTY OR ANY PART
THEREOF, HEREBY COVENANTS AND AGREES AS FOLLOWS :
1 . Participant shall commence and complete construction of
the "Project" (as defined in the OPA) on the Property for and
within the times set forth in, and subject to the terms and
conditions of, the OPA.
2 . Participant shall maintain all improvements on the
Property, including facade improvements, in first class condition
and repair (and, as to landscaping, in healthy condition) and in
accordance with the approved plans, specifications, permits, and
approvals referenced in Section 3 of the OPA (including without
limitation any landscape and signage plans) , as the same may be
amended from time to time, and all other applicable laws, rules,
ordinances, orders, and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or
claiming jurisdiction and all their respective departments,
bureaus, and officials . In addition, Participant shall keep the
Property free from all graffiti and any accumulation of debris or
waste material . Participant shall make all repairs and
replacements necessary to keep the improvements in first class
condition and repair and shall promptly eliminate all graffiti and
replace dead and diseased plants and landscaping with comparable
approved materials .
In the event that Participant breaches any of the covenants
contained in this Paragraph 2, and such default continues for a
period of five (5) days after written notice from Agency (with
FS21394\014084-0085\2104369.1 07/07/94 2
respect to landscaping, graffiti, debris, waste material, and
general maintenance) or thirty (30) days after written notice from
Agency (with respect to building improvements) , then Agency, in
addition to whatever other remedy it may have at law or in equity,
shall have the right (but not the obligation) to enter upon the
Property to perform or cause to be performed all such acts and work
necessary to cure the default and to protect, maintain, and
preserve the improvements and landscaped areas on the Property. In
this regard, Participant agrees that Agency may attach a lien on
the Property, or to assess the Property, in the amount of the
expenditures arising from such acts and work of protection, main-
tenance, and preservation by Agency and/or costs of such cure,
including a fifteen percent (150) administrative charge in the
manner normally utilized by City in the abatement of public
nuisances (with the exception that Participant agrees that the
notice and opportunity to cure provided for herein shall substitute
for the notice, hearing, and nuisance abatement order normally
utilized by City) , and all such amounts shall be promptly paid by
Participant to Agency upon demand.
3 . Participant agrees for itself and any successor in
interest not to discriminate upon the basis of race, color, creed,
religion, sex, marital status, ancestry, or national origin in the
sale, lease, or rental or in the use, occupancy, or enjoyment of
the Property or any part thereof . Participant covenants by and for
itself, its successors, and assigns, and all persons claiming under
or through them that there shall be no discrimination against or
segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, ancestry, or national
origin in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the Property, nor shall the Participant
itself or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the Property.
4 . Participant agrees for itself and any successor in
interest that Participant shall refrain from restricting the
rental, sale, or lease of any portion of the Property, or contracts
relating to the Property, on the basis of race, color, creed,
religion, sex, marital status, ancestry, or national origin of any
person. All such deeds, leases, or contracts shall contain or be
subject to substantially the following nondiscrimination or
nonsegregation clauses :
(1) In deeds : "The grantee herein covenants by and for
himself or herself, his or her heirs, executors, administra-
tors, and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segre-
gation of any person or group of persons on account of race,
P52\394\014084-0085\2104369.1 07/07/94 3
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color, creed, religion, sex, marital status, ancestry, or
national origin in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the land herein conveyed,
nor shall the grantee, or any persons claiming under or
through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the land herein
conveyed. The foregoing covenants shall run with the land. "
(2) In leases : "The lessee herein covenants by and for
himself or herself, his or her heirs, executors, administra-
tors, and assigns, and all persons claiming under or through
them, and this lease is made and accepted upon and subject to
the following conditions :
"That there shall be no discrimination against or
segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, ancestry,
or national origin in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of the land herein
leased, nor shall the lessee, or any person claiming under or
through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy of tenants,
lessees, sublessees, subtenants, or vendees in the land herein
leased. "
(3) In contracts : "There shall be no discrimination
against or segregation of any persons or group of persons on
account of race, color, creed, religion, sex, marital status,
ancestry, or national origin in the sale, lease, transfer,
use, occupancy, tenure, or enjoyment of land, nor shall the
transferee, or any person claiming under or through him or
her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees,
subtenants, sublessees, or vendees of land. "
S . During construction of the Project on the Property and
until Participant has received the entirety of the Agency Financial
Assistance pursuant to the terms of the OPA, Participant, for
itself and its successors and assigns, agrees to, and shall,
indemnify, defend, and hold harmless Agency and City and their
officers, officials, employees, agents, and representatives from
and against all liability, loss, damage, costs, and expenses
(including attorney' s fees and court costs) arising from or as a
result of the death or injury of any person or any accident,
injury, loss, or damage whatsoever (whether or not covered by
insurance) caused to any person or to the property of any person
which shall occur on, contiguous to, or adjacent to the Property
P52\394\014084-0085\2104369.1 07/07/94 4
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and which shall be caused by any acts done thereon or any errors or
omissions of Participant or any of its officers, directors,
shareholders, agents, servants, employees, invitees, contractors,
or subcontractors . Participant shall not be responsible for any
negligent acts, errors, or omissions of the Agency or the City or
their respective officers, officials, agents, servants, employees,
invitees, contractors, or subcontractors .
6 . Neither Agency nor City shall have any responsibility or
obligation for the physical condition of the Property or any por-
tion thereof . Participant agrees to and shall indemnify, defend,
and hold harmless Agency and City and their officers, officials,
employees, agents, and representatives from and against all liabil-
ity, loss, damage, cost, and expenses (including attorney' s fees
and court costs) arising from or related to any action, suit,
claim, legal or administrative orders or proceedings, demands,
actual damages, punitive damages, loss, costs, liabilities, and
expenses, which concern or in any way relate to the physical or
environmental condition of the Property, the existence of any
hazardous or toxic substances or materials thereon, or the release
of threatened release of any hazardous or toxic substances or
materials therefrom, whether existing prior to or after the execu-
tion of this Agreement . As used herein the term "hazardous or
toxic substances or materials" shall mean any substance or material
defined as hazardous or toxic by the United State of America, State
of California, or County of Riverside .
7 . Participant, shall obtain and maintain, and annually
shall provide Agency' s Executive Director, evidence of the
insurance policies required by Section 3 . 11 of the OPA.
8 . Participant shall not devote the Site to uses
inconsistent with the Redevelopment Plan, the OPA, or applicable
zoning restrictions .
9 . The covenants set forth in Paragraph 1 shall remain in
effect until the Agency' s issuance of the Certificate of Completion
in accordance with Section 3 . 9 of the OPA. The covenants set forth
in Paragraphs 2, 5, 7, and 8 shall remain in effect until
Participant has received the entirety of the Agency Financial
Assistance in accordance with the terms of the OPA. The covenants
set forth in Paragraphs 3, 4, and 6 shall remain in effect in
perpetuity.
10 . All conditions, covenants, and restrictions contained in
this Agreement shall be covenants running with the land, and shall,
in any event, and without regard to technical classification or
designation, legal or otherwise, be, to the fullest extent per-
mitted by law and equity, binding for the benefit and in favor of,
and enforceable by Agency, its successors and assigns, and the City
of Palm Springs and its successors and assigns, against
FS2\394\014084-0085\2104369.1 07/07/94 5
• • 296,191
Participant, its successors and assigns, to or of the Property
conveyed herein or any portion thereof or any interest therein, and
any party in possession or occupancy of said Property or portion
thereof .
11 . In amplification and not in restriction of the provisions
set forth hereinabove, it is intended and agreed that Agency shall
be deemed a beneficiary of the agreements and covenants provided
hereinabove both for and in its own right and also for the purposes
of protecting the interests of the community. All covenants
without regard to technical classification or designation shall be
binding for the benefit of Agency and such covenants shall run in
favor of Agency for the entire period during which such covenants
shall be in force and effect, without regard to whether Agency is
or remains an owner of any land or interest therein to which such
covenants relate. Agency shall have the right, in the event of any
breach of any such agreement or covenant, to exercise all the
rights and remedies, and to maintain any action at law or suit in
equity or other proper proceedings to enforce the curing of such
breach of agreement or covenant .
12 . The covenants and restrictions contained in this
Agreement shall not benefit nor be enforceable by any owner of any
other real property within or outside the Project Area or any
person on entity having any interest in any such other real
property.
13 . The covenants contained in this Agreement shall be
construed as covenants running with the land and not as conditions
which might result in forfeiture of title.
[end - signature page follows]
P82\394\014084-0085\2104369.1 07/07/94 6
• � 296491
IN WITNESS WHEREOF, Agency and Participant have caused this
instrument to be executed on their behalf by their respective
officers or agents herein duly authorized as of the date first
written above .
"AGENCY"
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY PRINGS, a public
body, orporate an p itic
By
_,_t ,�Secretary Execu ve Dire for
APPROVED AS TO FORM:
RUTAN & TUCKER
7iy L'
David J.A e1 shim, Esq.
Agency Counsel
"PARTICIPANT"
HAIG ATAMIAN dba HAIG' S PRINTING
AND DIGITAL PRE-PRESS SE ICES, a
California 2 prop r'e hip
i
By: �-
Ha, /A a i n
FS2\394\014084-0085\2104369.1 07/07/94 7
STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE )
r
On � /�/ 9� before me, Ain
personaUy ap- ared
personally known to me kor—p-r- -me-en-the-ba-si-o--o�-t-is-f-a-c-
-t-o-r-y-e-v-idenee-) to be the person (,,W�') whose name (k) is are
subscribed to the within instrument_ nd acknowledged to me that
e h she/ executed the sa i (:g:s/ her/their authorized
capacity(ries); and that by his her/their signature �sf on the
instrument the person (, ) or the entity upon behalf of which the
person(, ) acted, execu-ted the instrument .
Witness my hand and official seal .
f J �
ELAINE L.SChWARTZ
" 'tm' comm.M9Q55Bp iNotary Public
E SEAL]T "a Notary Public—California s
RIVERSIDE CQII
RT}+Ca�r�m.F.u�ires FED 3.1995
STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE
On ` M b f o e, '(� �✓� l, r )_r/�<aJi�/ZTz
personally ap eared �J Z79 L.
personal /y known to me 4-e -p--roved-to me-o -the-bas-is.-of-sa-trsfac-
-tor-y-eui/dence-) to be the personC* whose name ( is/ate
subscribed- o the within instrument and acknowledged to me that
he/shef�thexecuted the same in hisZher them authorized
capacity l§ , and that by his/her/heir ignature (0 on the
instrument the person or the ent-ity-upon behalf of which the
persona-P acted, executed the instrument .
Witness my hand and official seal .
.�i905 p 'Notary Public )
„ NWary h/bMc-Comm
RIVERSIDE COUMV
FS21394\014084-0085\2104369.1 07/07/94 8
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296491
EXHIBIT "A" TO REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS
LEGAL DESCRIPTION OF PROPERTY
APN 680-566-006
Lot 17 of Tract 23764, MB 203/51-52, of Riverside County Records .
PS2\394\014084-0085\2104369.1 07/07/94 9
Haig Atamian dba Haig' s
Printing & Digital Pre-Press
OPA
AGREEMENT #332C
R939, 7-6-94
OWNER PARTICIPATION AGREEMENT
THIS OWNER PARTICIPATION AGREEMENT ( "Agreement" ) is made and
entered into this 6th day of July, 1994 ( "Effective Date") by and
between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, a public body, corporate and politic, whose
offices are located at 3200 East Tahquitz Canyon Way, Palm Springs,
California 92263 ("Agency" ) and HAIG ATAMIAN dba HAIG' S PRINTING
AND DIGITAL PRE-PRESS SERVICES, a California sole proprietorship,
whose offices are located at 1243 North Gene Autry Trail, Suite
105-110, Palm Springs, California 92262 ("Participant") . The
Agency and the Participant hereby agree as follows :
1 . 0 DEFINITIONS .
1 . 1 Agency Financial Assistance. The term "Agency
Financial Assistance" shall mean the financial assistance provided
to Participant by Agency more particularly described on Exhibit "C"
attached hereto and incorporated herein by reference .
1 . 2 CC&Rs . The term "CC&Rs" shall mean that certain
Declaration of Covenants, Conditions and Restrictions attached
hereto as Exhibit "D" and incorporated herein by reference .
1 . 3 Certificate of Completion. The term "Certificate of
Completion" shall mean that certain Certificate of Completion
attached hereto as Exhibit "F" and incorporated herein by
reference .
1 .4 City. The term "City" shall mean the CITY OF PALM
SPRINGS, a municipal corporation, having its offices at 3200 East
Tahquitz Canyon Way, Palm Springs, California 92263 . The City is
not a party to this Agreement and shall have no responsibility or
obligations hereunder.
1 . 5 Project . The term "Project" shall mean the project
to be performed by the Participant upon the Site more particularly
described on Exhibit "B" attached hereto and incorporated herein by
reference .
1 . 6 Redevelopment Plan. The term "Redevelopment Plan"
shall mean the Redevelopment Plan for the Ramon-Bogie Redevelopment
Project Area ( "Project Area" ) which was adopted by Ordinance Number
1202 of the City Council of City on or about November 30, 1983, as
amended from time to time . A copy of the Redevelopment Plan is on
file in the office of the City Clerk of the City. The
Redevelopment Plan is incorporated herein by this reference and
made a part hereof as though fully set forth herein.
FS2094WI4084-0085MO2392.2 07/05/94
I
1 . 7 Schedule of Performance . The term "Schedule of
Performance" shall mean that certain Schedule attached hereto as
Exhibit "E" and incorporated herein by reference.
1 . 8 Site . The term "Site" shall mean that certain real
property of approximately 0 . 69 acres located in the City of Palm
Springs, State of California . Participant is the sublessee of the
Site which is part of a large tract of Indian land consisting of
thirty-six (36) parcels subject to a Master Lease . The Site is
more particularly described in the legal description set forth in
Exhibit "A" attached hereto and incorporated herein by reference.
Within the time set forth in the Schedule of Performance,
Participant shall provide evidence reasonably satisfactory to
Agency' s Executive Director that Participant is the sublessee of
the Site .
2 . 0 PURPOSE OF AGREEMENT.
The purpose of this Agreement is to effectuate the
Redevelopment Plan for the Project Area by redeveloping the Site
within the Project Area. The redevelopment of the Site within the
Project Area and the fulfillment generally of this Agreement are in
the best interests of the City and the welfare of its residents and
are in accordance with the public purposes and provisions of
applicable federal, state, and local laws and regulations, under
which the Project has been undertaken and is being assisted.
3 . 0 CONSTRUCTION OF THE PROJECT.
3 . 1 Plans and Specifications . Participant shall
construct the Project upon the Site in accordance with construction
drawings, working specifications, and related documents that have
been submitted to and approved by the Agency in advance and in
writing.
3 .2 Permits . Before commencement of construction of the
Project, Participant shall obtain any and all permits and approvals
which may be required by the City or any other governmental agency
with jurisdiction.
3 . 3 Governmental Approvals . Notwithstanding anything
herein contained to the contrary, it is expressly understood by the
parties hereto that the Agency makes no representations or
warranties with respect to the approvals required by any other
governmental entity or with respect to approvals hereinafter
required from the City or the Agency. The Agency reserves full
police power authority over the Project and the Participant
acknowledges that the City retains such full police power as well .
Nothing in this Agreement shall be deemed to be a prejudgment or
commitment with respect to such items nor to guaranty that such
approvals or permits will be issued within any particular time or
with or without any particular conditions .
PS2\394\0I4084-0085\2102392.2 07/05/94 -2-
• i
3 .4 Costs of Construction. All costs of constructing
the Project shall be borne by the Participant .
3 . 5 Agency Financial Assistance . Agency shall assist
Participant in the cost of redevelopment of the Site by assisting
in the financing of facilities in accordance with Exhibit "C" .
3 . 6 Construction Schedule . Participant shall submit the
construction drawings, working specifications, and related
documents for approval by the Agency on or before the date set
forth in the Schedule of Performance . Construction of the Project
shall commence on or before the date set forth in the Schedule of
Performance and shall be completed within the time set forth in the
Schedule of Performance except as mutually agreed in writing by
Participant and Agency. The Project shall be deemed complete upon
the issuance of a Certificate of Completion as provided in Section
3 . 9 .
3 . 7 Right of Access . Representatives of Agency and City
shall have the reasonable right of access to the Site during the
period of construction for the purposes of this Agreement,
including, but not limited to, the inspection of the work being
performed.
3 . 8 Nondiscrimination During Construction. Participant,
for itself and its successors and assigns, agrees that during the
rehabilitation of the Project, Participant will not discriminate
against any employee or applicant for employment because of race,
color, creed, religion, sex, marital status, ancestry, or national
origin.
3 . 9 Certificate of Completion. Upon written request by
Participant, and upon satisfactory completion of the Project,
Agency shall issue to Participant a Certificate of Completion. The
Certificate of Completion shall be, and shall so state, a
conclusive determination of satisfactory completion of the Project
required by this Agreement, and a full compliance with the terms of
this Agreement relating to commencement and completion of the
Project . After the date Participant is entitled to issuance of the
Certificate of Completion, and notwithstanding any other provision
of this Agreement to the contrary, any party then owning or there-
after purchasing, leasing or otherwise acquiring any interest in
the Site shall not (because of any such ownership, purchase, lease
or acquisition) incur any obligation or liability under this
Agreement, except that such party shall be bound by the covenants
that survive the issuance of the Certificate of Completion, as set
forth in the CC&RS . The Certificate of Completion is not a notice
of completion as referred to in California Civil Code Section 3093 .
3 . 10 Sale or Transfer of the Project . The Participant
covenants that Participant shall not transfer the Site or any of
its interests therein except as provided in this Section 3 . 10 .
PS2\394\014084-0085\2102392.2 07/05/94 -3-
3 . 10 . 1 Transfer Defined. As used in this Section,
the term "Transfer" shall include any assignment, hypothecation,
mortgage, pledge, conveyance, or encumbrance of this Agreement, the
Site, or the improvements thereon. A Transfer shall also include
the transfer to any person or group of persons acting in concert of
more than twenty-five percent (25e) (in the aggregate) of the
present ownership and/or control of any person or entity
constituting Participant or its general partners, taking all
transfers into account on a cumulative basis, except transfers of
such ownership or control interest between members of the same
immediate family, or transfers to a trust, testamentary or
otherwise, in which the beneficiaries are limited to members of the
transferor' s immediate family, or among the entities constituting
Participant or its general partners or their respective
shareholders . In the event any entity constituting Participant,
its successor or the constituent partners of Participant or any
successor of Participant, is a corporation or trust, such transfer
shall refer to the transfer of the issued and outstanding capital
stock of such corporation, of beneficial interests of such trust;
in the event that any entity constituting Participant, its
successor or the constituent partners of Participant or any
successor of Participant is a limited or general partnership, such
transfer shall refer to the transfer of more than twenty-five
percent (250s) of such limited or general partnership interest; in
the event that any entity constituting Participant, its successor
or the constituent partners of Participant or any successor of
Participant is a joint venture, such transfer shall refer to the
transfer of more than twenty-five percent (250) of the ownership
and/or control of any such joint venture partner, taking all trans-
fers into account on a cumulative basis .
3 . 10 . 2 Agency Approval of Transfer Required. Prior
to recordation of the Certificate of Completion, Participant shall
not Transfer this Agreement or any of Participant' s rights
hereunder, or any interest in the Site or in the improvements
thereon, directly or indirectly, voluntarily or by operation of
law, except as provided below, without the prior written approval
of Agency, and any such purported Transfer without such approval
shall be null and void. In considering whether it will grant
approval to any Transfer by Participant before the recordation of
the Certificate of Completion, which Transfer requires Agency
approval, Agency shall consider factors such as (i) whether the
completion of the Project is jeopardized; (ii) the financial
strength and capability of the proposed transferee to perform
Participant' s obligations hereunder; (iii) the proposed
transferee' s experience and expertise in the planning, financing,
and rehabilitation of similar projects; and (iv) whether the
Transfer is for the purpose of financing the purchase or
rehabilitation of the Site. A Transfer for financing purposes
shall not be approved by the Agency if the financing exceeds
eighty-five percent (850) of the acquisition and rehabilitation
costs of the Site or if the loan documents do not state that the
loan proceeds must be used for the construction or development of
the Project .
PS2\394\014084-0085\2102392 2 07/05/94 -4-
In the absence of specific written agreement by Agency, prior
to the recordation of a Certificate of Completion, no Transfer by
Participant of all or any portion of its interest in the Site or
this Agreement (including, without limitation, a Transfer not
requiring Agency approval hereunder) shall be deemed to relieve
Participant or any successor party from any obligations under this
Agreement . In addition, no attempted Transfer of any of
Participant' s obligations hereunder shall be effective unless and
until the successor party executes and delivers to Agency an
assumption agreement in a form approved by the Agency assuming such
obligations .
3 . 11 Insurance and Indemnification.
3 . 11 . 1 Insurance . Prior to the commencement of any
construction by Participant of the Project and continuing until
Participant has received the entirety of the Agency Financial
Assistance pursuant to the terms of this Agreement, Participant
shall procure and maintain, at its sole cost and expense, in a form
and content satisfactory to Agency, the following policies of
insurance :
(a) Comprehensive General Liability Insurance.
A policy of comprehensive general liability insurance written
on a per occurrence basis in an amount not less than either
(i) a combined single limit of ONE MILLION DOLLARS
($1, 000, 000 . 00) or (ii) bodily injury limits of FIVE HUNDRED
THOUSAND DOLLARS ($500, 000 . 00) per person, ONE MILLION
DOLLARS ($1, 000, 000 . 00) per occurrence and ONE MILLION DOLLARS
($1, 000, 000 . 00) products and completed operations and property
damage limits of FIVE HUNDRED THOUSAND DOLLARS ($500, 000 . 00)
per occurrence and ONE MILLION DOLLARS ($1, 000, 000 . 00) in the
aggregate .
(b) Worker' s Compensation Insurance . A policy
of worker' s compensation insurance in such amount as will
fully comply with the laws of the State of California and
which shall indemnify, insure, and provide legal defense for
both the Participant, Agency and the City against any loss,
claim, or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons
retained by the Participant in the course of carrying out the
work or services contemplated in this Agreement .
(c) Automotive Insurance . A policy of compre-
hensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily
injury liability limits of $250, 000 . 00 per person and
$500, 000 . 00 per occurrence and property damage liability
limits of $100, 000 . 00 per occurrence and $250, 000 . 00 in the
aggregate or (ii) combined single limit liability of
$500, 000 . 00 . Said policy shall include coverage for owned,
non-owned, leased and hired cars .
FS2\394\014084-0085\2102392.2 07/05/94 -5-
(d) Builder' s Risk Insurance . A policy of
"builder' s risk" insurance covering the full replacement value
of all of the improvements to be constructed by Participant
pursuant to this Agreement . This policy may be obtained
either by Participant or Participant' s contractor.
All of the above policies of insurance shall be primary
insurance and shall name Agency, City, and their respective
officers, officials, employees, agents, and representatives as
additional insureds . The insurer shall waive all rights of
subrogation and contribution it may have against Agency, City, and
their respective officers, officials, employees, agents, and
representatives and their respective insurers . All of said
policies of insurance shall provide that said insurance may not be
amended or cancelled without providing thirty (30) days prior
written notice by registered mail to Agency and City. In the event
any of said policies of insurance are cancelled, the Participant
shall, prior to the cancellation date, submit new evidence of
insurance in conformance with this Section 3 . 11 . 1 to the Executive
Director. No work or services under this Agreement shall commence
until the Participant has provided Agency with Certificates of
Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders
are approved by Agency. Participant shall provide such evidence to
Agency' s Executive Director within the time set forth in the
Schedule of Performance .
The policies of insurance required by this Agreement shall be
satisfactory only if issued by companies qualified to do business
in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register,
and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of the City
( "Risk Manager") due to unique circumstances .
Participant shall provide in all contracts with contractors,
subcontractors, architects, and engineers that said persons and
entities shall maintain the same policies of insurance required to
be maintained by Participant pursuant to this Section 3 . 11 .1 during
the term of their contracts .
The Participant agrees that the provisions of this Section
3 . 11 . 1 shall not be construed as limiting in any way the extent to
which the Participant may be held responsible for the payment of
damages to any persons or property resulting from the Participant' s
activities or the activities of any person or persons for which the
Participant is otherwise responsible.
3 . 11 .2 Indemnification. Commencing with the
Effective Date of this Agreement and continuing until Participant
has received the entirety of the Agency Financial Assistance
pursuant to the terms of Exhibit "C" , Participant agrees to and
shall indemnify and hold the Agency and the City harmless from and
against all liability, loss, damage, cost or expenses (including
P82\394\014084-0085\2102392.2 07/05/94 -6-
reasonable attorneys' fees and court costs) arising from or as a
result of the death of any person or any accident, injury, loss, or
damage whatsoever caused to any person or to the property of any
person which shall occur on the Site, or be related to operations
on the Site, and which shall be directly or indirectly caused by
the acts errors, or omissions of the Participant or its agents,
servants, employees, or contractors . Participant shall not be
responsible for (and such indemnity shall not apply to) any
negligent acts, errors, or omissions of the Agency or the City or
their respective agents, servants, employees, or contractors .
Agency and City shall not be responsible for any acts, errors, or
omissions of any person or entity except Agency and City and their
respective agents, servants, employees, or contractors, subject to
any and all statutory and other immunities . Participant further
represents and warrants that there is no pending or threatened
litigation involving the Site, Participant, or Participant' s
business that would affect this Agreement . In the event of such
litigation, the indemnification provision in favor of Agency and
City and their respective officers, officials, employees, agents,
and representatives, set forth in this Section 3 . 11 . 2 shall apply.
Further, in the event any third party files any claim or initiates
any litigation challenging or contesting the validity or
enforceability of this Agreement, Participant, at its cost, shall
defend such claim or litigation on behalf of Agency and City and
their respective officers, officials, employees, agents, and
representatives, and the indemnification provision in favor of
Agency and City and their respective officers, officials,
employees, agents, and representatives, set forth in this Section
3 . 11 . 2 shall apply. The provisions of this Section 3 . 11 . 2 shall
survive the termination of this Agreement .
3 . 12 Evidence of Financing. Within the time set forth in
the Schedule of Performance, Participant shall provide evidence
reasonably satisfactory to Agency' s Executive Director that
Participant has secured financing to construct the Project on the
Site. Such evidence shall include verifiable evidence of binding
loan commitments, a copy of the executed construction contract for
the Project, and such other evidence reasonably necessary to
confirm that Participant has sufficient funds or financing
available to undertake and complete the Project .
4 . 0 USE OF THE SITE .
4 . 1 No Inconsistent Uses . Participant covenants and
agrees that it shall not devote the Site to uses inconsistent with
the Redevelopment Plan, the applicable zoning restrictions, this
Agreement, or the CC&Rs .
4 . 2 CC&Rs . Concurrently with the execution of this
Agreement, Participant shall execute the CC&Rs and have the CC&Rs
recorded against the Site. The CC&Rs shall be signed and acknowl-
edged by all parties having record title interest in the Site,
shall make the Agency and City parties thereto and shall be
enforceable by the Agency and the City.
FS2\394\014084-0085\2102392.2 07/05/94 -7-
5 . 0 ENFORCEMENT.
5 . 1 Default .
5 . 1 . 1 Default ; Termination. In the event either
party defaults in the performance or observance of any covenant,
agreement or obligation set forth in this Agreement, and if such
default remains uncured for a period of thirty (30) days after
written notice thereof shall have been given by the non-defaulting
party, or, in the event said default cannot be cured within said
time period, the defaulting party has failed to commence to cure
such default within said thirty (30) days and diligently prosecute
said cure to completion, then the non-defaulting party shall
declare an event of default to have occurred hereunder. The non-
defaulting party made then terminate this Agreement by notice to
the defaulting party given in accordance with Section 6 .2 .
5 . 1 . 2 Reduction of Agency Financial Assistance .
Notwithstanding Section 5 . 1 . 1, in the event of an uncured breach or
default by Participant, Agency shall have the option, instead of
termination of this Agreement as provided for in Section 5 . 1 . 2 , to
reduce the amount of Agency Financial Assistance paid to
Participant pursuant to this Agreement by an amount equal to (i)
the daily pro rata portion of such total Agency Financial
Assistance to be paid by Agency to Participant for the fiscal year
in which the breach or default occurred, (ii) multiplied by the
number of days of the breach or default . Agency' s option under
this Section 5 . 1 . 2 . shall be permitted in the event Participant :
a. effects or permits any transfer of the Site or any
portion thereof that is not permitted under Section
3 . 10, or
b. is the subject of any voluntary or involuntary
proceeding in bankruptcy, unless notwithstanding
such bankruptcy proceeding the Site or affected
portion thereof continues in operation in a manner
and to a level substantially unaffected by such
bankruptcy proceeding; or
C . is delinquent on property tax assessments or
payments; or
d. is in breach or default under this Agreement or the
CC&Rs .
The amounts to which Participant otherwise would have
been entitled for such periods of breach or default shall not be
paid to Participant even if Participant cures the breach or default
that caused such reduction in payment .
5 . 2 Additional Remedies . In addition to any other
rights or remedies that may be available pursuant to and subject to
F82\394\014084-0085\2102392.2 07/05/94 -8-
the Section 5 . 1 above, either party to this Agreement may institute
a legal or equitable action to cure, correct or remedy any default,
to recover damages for any default or to obtain any other remedy
consistent with the purposes of this Agreement . If either party
defaults hereunder by failing to perform any of its obligations
herein, each party agrees that the other shall be entitled to the
judicial remedy of specific performance, and each party agrees
(subject to its reserve right to contest whether in fact a default
does exist) not to challenge or contest the appropriateness of such
remedy. In this regard, Participant specifically acknowledges that
Agency is entering into this Agreement for the purpose of assisting
in the redevelopment of the Site and not for the purpose of
enabling Participant to speculate with land.
5 . 3 No Waiver. Waiver by either party of the
performance of any covenant, condition, or promise shall not
invalidate this Agreement, nor shall it be considered a waiver of
any other covenant, condition, or promise. Waiver by either party
of the time for performing any act shall not constitute a waiver of
time for performing any other act or an identical act required to
be performed at a later time . The delay or forbearance by either
party in exercising any remedy or right as to any default shall not
operate as a waiver of any other default or of any rights or
remedies or to deprive such party of its right to institute and
maintain any actions or proceedings which it may deem necessary to
protect, assert, or enforce any such rights or remedies .
5 .4 Rights and Remedies are Cumulative. Except as
otherwise expressly stated in this Agreement, the rights and
remedies of the parties are cumulative, and the exercise by any
party of one or more of its rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by
another party.
5 . 5 Attorneys' Fees . In the event of litigation between
the parties arising out of this Agreement, the prevailing party
shall be entitled to recover its reasonable attorneys' fees and
other costs and expenses incurred in addition to whatever other
relief to which it may be entitled.
6 . 0 MISCELLANEOUS .
6 . 1 Governing Law. The laws of the State of California
shall govern the interpretation and enforcement of this Agreement .
6 . 2 Notices . Formal notices, demands, and
communications between Agency and Participant shall be sufficiently
given if personally delivered, delivered by a reputable document
delivery service that provides a receipt showing date and time of
delivery, or dispatched by registered or certified mail, postage
prepaid, return receipt requested, to the addresses set forth in
the preamble to this Agreement . Notices personally delivered or
FS2\394\014084-0085\2102392.2 07/05/94 -9-
delivered by document delivery service shall be effective upon
receipt . Mailed notices shall be deemed to be received as of the
earlier of actual receipt by the addressee thereof or the
expiration of forty-eight (48) hours after depositing in the United
States Postal System in the manner described in this Section. A
party hereto may change its address for receipt of notices by
delivering notice to the other party in accordance with this
section.
6 . 3 Conflicts of Interest . No member, official,
officer, or employee of Agency shall have any personal interest,
direct or indirect, in this Agreement nor shall any such member,
official, officer, or employee participate in any decision relating
to this Agreement which affects his personal interests or the
interests of any corporation, partnership, or association in which
such member, official, officer, and employee is, directly or
indirectly, interested.
6 . 4 Nonliability of Agency Officials and Employees . No
member, official, officer, employee, agent, representative, or
consultant of Agency or City shall be personally liable to
Participant, or any successor in interest of Participant, in the
event of any default or breach by Agency or for any amount which
may become due to Participant or to its successor, or on any
obligations under the terms of this Agreement .
6 . 5 Books and Records . Participant shall prepare and
maintain all books, records and reports necessary to substantiate
Participant' s compliance with the terms of this Agreement or
reasonably required by the Agency. The Agency shall have the
right, upon not less than seventy-two (72) hours notice, at all
reasonable times, to inspect the books and records of the
Participant as pertinent to the purposes of this Agreement .
6 . 6 Modifications . Any alteration, change, or modifi-
cation of or to this Agreement, shall be made by written instrument
signed by each party hereto.
6 . 7 Entire Agreement . This Agreement and all documents
incorporated herein contain the entire understanding among the
parties hereto relating to the transactions contemplated herein and
all prior or contemporaneous agreements, understandings, repre-
sentations, and statements, oral or written, are merged herein and
shall be of no further force or effect .
6 . 8 Assurances to Act in Good Faith. Agency and
Participant agree to execute all documents and instruments and to
take all action and shall use their best efforts to accomplish the
purposes of this Agreement . Agency and Participant shall each
diligently and in good faith pursue the satisfaction of any
conditions or contingencies subject to their approval .
6 . 9 Severability. Wherever possible, each provision of
this Agreement shall be interpreted in such a manner as to be
PS2\394\014084-0085\2102392.2 07/05/94 -1 0-
0
effective and valid under applicable law. If, however, any
provision of this Agreement shall be prohibited by or invalid under
applicable law, such provision shall be ineffective to the extent
of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this
Agreement .
IN WITNESS WHEREOF the Agency and Participant have executed
this Agreement as of the date first written above.
11AGENCY"
ATTEST: THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFO a pu body, corporate
and p litic
BQ�_ By:
C 0 Sec±etary Execut ect
APPROVED AS TO FORM:
RUTAN & TUCKER
David J=._.,Aleshire, Esq.
Agency Counsel
"PARTICIPANT"
HAIG ATAMIAN dba HAIG' S PRINTING AND
DIGITAL PRE-PRESS SERVICES, a California
sole proprietorship
Hai a ian
A3wZ�'.
PS2\394\014084-0085\2102392.2 07/05/94 -].].-
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SITE
APN 680-566-006
Lot 17 of Tract 23764, MB 203/51-52, of Riverside County Records .
EXHIBIT "A"
TO OWNER PARTICIPATION AGREEMENT
PS2U94\014054-0085\2102392.2 07/05/94
EXHIBIT "B"
DESCRIPTION OF PROJECT
The Project shall consist of the construction on the Site of an
approximately twelve thousand square foot (12 , 000 s . f . ) building
and related landscaping, parking, utilities, and amenities in
accordance with approved plans and specifications, to house
Participant' s industrial printing business . In addition:
Parking: Parking shall be provided in accordance with the Palm
Springs Municipal Code.
Setbacks : Minimum building and parking setbacks shall be in
conformance with the applicable provisions of the Palm Springs
Municipal Code, including any permitted variances .
Signs : All signs shall be installed by Participant . Participant
shall obtain the prior approval of Agency and City staff for the
design of all signs . Building permits (and where necessary,
electrical permits) shall be obtained prior to the installation,
painting, or erection of signs .
Screening: All outdoor storage of materials or equipment shall be
enclosed or screened by walls, landscaping, or enclosure to the
extent and in the manner reasonably required by Agency and City
staff .
Landscaping: Participant shall provide all landscaping and
irrigation required ont he site, including landscaping and
irrigation within the public rights-of way on the or adjacent to
the Site, in accordance with an approved landscape plan.
Utilities : All utilities shall be located underground.
Lighting: All on-site lighting shall be in conformance with the
approved lighting and electrical plans .
vehicular Access : The number and location of vehicular driveways
and curb breaks shall be in accordance with the approved plans .
In the event of any conflict between the provisions of this Exhibit
"B" and the approved plans, the approved plans shall control .
EXHIBIT "B"
TO OWNER PARTICIPATION AGREEMENT
P52\394\014084-0085\2102392.2 07/05/94
EXHIBIT "C"
AGENCY FINANCIAL ASSISTANCE
1 . In consideration for Participant' s performance of its
obligations hereunder, and provided that Participant is not in
material default of any of the terms, conditions, covenants, and
obligations of this Agreement or the CC&Rs, Agency shall pay to
Participant the following amounts ( "Agency Financial Assistance" ) :
a. The parties hereto acknowledge and agree that
Agency' s fiscal year is July 1 through and including the following
June 30 . No later than the September 30 that follows the
immediately preceding June 30 end of a fiscal year, Agency shall
pay to Participant the lesser of (i) an amount equal to the "Net
Property Tax Increment from the Site" (as that term is defined
below) allocated to and actually received by Agency for the fiscal
year that ended on that immediately preceding June 30, or (ii) an
amount equal to the assessment, for the same fiscal year referred
to in subparagraph (i) , that Participant was required to pay to
Assessment District No. 155 .
b. The first Agency annual payment shall be made no
later than the September 30 that follows June 30 end of the fiscal
year in which Participant obtains the Certificate of Completion and
opens for business on the Site . The first annual payment shall be
made on a pro rata basis, if applicable, based on a 360 day year.
C . The last Agency annual payment shall be made no later
than the September 30 following the June 30 end of the fiscal year
in which Participant makes its final assessment payment to
Assessment District No. 155 for the improvements for which the
assessment was made as existing on the Effective Date of this
Agreement .
2 . Agency' s annual payment to Participant shall be paid
solely from Net Property Tax Increment from the Site which are
allocated and paid to Agency.
3 . As used herein, the term "Net Property Tax Increment from
the Site" shall mean the portion of property taxes allocated and
paid to Agency pursuant to Health and Safety Code Section 33670 (b)
attributable to the Site, less the sum of (i) the percentage from
such amount the Agency is required by Health and Safety Code
Section 33334 .2 to set aside for affordable housing purposes in the
Project Area as a whole [the percentage applicable as of the
Effective Date of this Agreement is twenty percent (200) ] ; (ii) the
percentage from such amount payable to other taxing entities under
applicable "pass through" agreements; (iii) the percentage from
EXHIBIT "C"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
such amount Agency is required to pay to the County of Riverside
Auditor-Controller and any other public agency official or entity
as a property tax administrative fee or charge; and (iv) the
percentage from such amount Agency is required to set aside, pay,
transfer to or for the benefit of any other taxing entity or
purpose pursuant to any existing or future requirement of law
(including payments currently required to be made to the County of
Riverside Auditor-Controller or other entity for deposit into the
Educational Revenue Augmentation Fund) .
4 . Participant shall not be entitled to an annual payment of
Agency Financial Assistance unless and until Participant has
provided Agency with evidence reasonably satisfactory to Agency' s
Executive Director (including evidence of payment under protest if
Participant is contesting any such taxes) that Participant has paid
prior to delinquency all property taxes and assessments due and
payable during the fiscal year to which the Agency' s annual payment
relates . If Participant has not provided such evidence to Agency' s
Executive Director prior to the date such annual payment of Agency
Financial Assistance is due from Agency, then Agency shall have the
right to withhold such payment until Participant provides such
evidence . If such evidence is not provided by September 1
following the June 30 end of the fiscal year to which the payment
relates, Agency shall not be required to make such payment until
the expiration of thirty (30) days following receipt of such
evidence and such payment shall be made without interest .
EXHIBIT "C"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
EXHIBIT "D"
REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Community Redevelopment Agency
of the City of Palm Springs
3200 Each Tahquitz Canyon Way
Palm Springs, CA 92263
Attn: Executive Director
(SPACE ABOVE THIS UNE FOR RECORDER'S USE)
This Agreement is recorded at the
request and for the benefit of the
Community Redevelopment Agency of
the City of Palm Springs and is
exempt from the payment of a
recording fee pursuant to Government
Code Section 6103 .
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
By:
Its :
Dated: 1994
REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND
RESTRICTIONS ( "Agreement") is made and entered into as of the 6th
day of July, 1994, by and between the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and
politic (the "Agency" ) , and HAIG ATAMIAN dba HAIG' S PRINTING AND
DIGITAL PRESS SERVICES, a California sole proprietorship
( "Participant" ) .
A. Participant is the sublessee of an approximately 0 . 69
acre parcel of real property (the "Property" ) located in the
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
FS2\394\014084-0085\2102392.2 07/05/94
Crossley Industrial Tract ("Tract") in the City of Palm Springs
( "City" ) , County of Riverside, State of California, legally
described in the attached Exhibit "A. " The Tract is Indian land
subject to a master lease and Participant is the sublessee of the
Property.
B. The Property is within the Ramon-Bogie Project Area (the
"Project Area" ) in the City and is subject to the provisions of the
Redevelopment Plan for the Project Area adopted by the City Council
of the City by Ordinance No. 1202 on or about November 30, 1983,
("Redevelopment Plan" ) , as amended from time to time . The
Redevelopment Plan is incorporated herein by reference and is a
public record available for public inspection at Agency' s offices
located at 3200 Each Tahquitz Canyon Way, Palm Springs, CA 92263 .
C. Agency and Participant have entered into an Owner
Participation Agreement (the "OPA" ) , dated as of July 6, 1994,
concerning the redevelopment of the Property. The OPA is
incorporated herein by reference and is a public record available
for public inspection at Agency' s offices .
NOW, THEREFORE, IN CONSIDERATION OF THE AGENCY' S AGREEMENT TO
PERFORM ITS OBLIGATIONS UNDER THE OPA, INCLUDING THE PAYMENT OF THE
AGENCY FINANCIAL ASSISTANCE AS DEFINED THEREIN, PARTICIPANT, ON
BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS, AND EACH SUCCESSOR
IN INTEREST TO PARTICIPANT' S INTEREST IN THE PROPERTY OR ANY PART
THEREOF, HEREBY COVENANTS AND AGREES AS FOLLOWS :
1 . Participant shall commence and complete construction of
the "Project" (as defined in the OPA) on the Property for and
within the times set forth in, and subject to the terms and
conditions of, the OPA.
2 . Participant shall maintain all improvements on the
Property, including facade improvements, in first class condition
and repair (and, as to landscaping, in healthy condition) and in
accordance with the approved plans, specifications, permits, and
approvals referenced in Section 3 of the OPA (including without
limitation any landscape and signage plans) , as the same may be
amended from time to time, and all other applicable laws, rules,
ordinances, orders, and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or
claiming jurisdiction and all their respective departments,
bureaus, and officials . In addition, Participant shall keep the
Property free from all graffiti and any accumulation of debris or
waste material . Participant shall make all repairs and
replacements necessary to keep the improvements in first class
condition and repair and shall promptly eliminate all graffiti and
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
FS2\394\014084-0085\2102392.2 07/05/94
replace dead and diseased plants and landscaping with comparable
approved materials .
In the event that Participant breaches any of the covenants
contained in this Paragraph 2 , and such default continues for a
period of five (5) days after written notice from Agency (with
respect to landscaping, graffiti, debris, waste material, and
general maintenance) or thirty (30) days after written notice from
Agency (with respect to building improvements) , then Agency, in
addition to whatever other remedy it may have at law or in equity,
shall have the right (but not the obligation) to enter upon the
Property to perform or cause to be performed all such acts and work
necessary to cure the default and to protect, maintain, and
preserve the improvements and landscaped areas on the Property. In
this regard, Participant agrees that Agency may attach a lien on
the Property, or to assess the Property, in the amount of the
expenditures arising from such acts and work of protection, main-
tenance, and preservation by Agency and/or costs of such cure,
including a fifteen percent (150) administrative charge in the
manner normally utilized by City in the abatement of public
nuisances (with the exception that Participant agrees that the
notice and opportunity to cure provided for herein shall substitute
for the notice, hearing, and nuisance abatement order normally
utilized by City) , and all such amounts shall be promptly paid by
Participant to Agency upon demand.
3 . Participant agrees for itself and any successor in
interest not to discriminate upon the basis of race, color, creed,
religion, sex, marital status, ancestry, or national origin in the
sale, lease, or rental or in the use, occupancy, or enjoyment of
the Property or any part thereof . Participant covenants by and for
itself, its successors, and assigns, and all persons claiming under
or through them that there shall be no discrimination against or
segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, ancestry, or national
origin in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the Property, nor shall the Participant
itself or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the Property.
4 . Participant agrees for itself and any successor in
interest that Participant shall refrain from restricting the
rental, sale, or lease of any portion of the Property, or contracts
relating to the Property, on the basis of race, color, creed,
religion, sex, marital status, ancestry, or national origin of any
person. All such deeds, leases, or contracts shall contain or be
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
PS21394\014084M85\2102392.2 07/05/94
r
subject to substantially the following nondiscrimination or
nonsegregation clauses :
(1) In deeds : "The grantee herein covenants by and for
himself or herself, his or her heirs, executors, administra-
tors, and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segre-
gation of any person or group of persons on account of race,
color, creed, religion, sex, marital status, ancestry, or
national origin in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the land herein conveyed,
nor shall the grantee, or any persons claiming under or
through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the land herein
conveyed. The foregoing covenants shall run with the land. "
(2) In leases : "The lessee herein covenants by and for
himself or herself, his or her heirs, executors, administra-
tors, and assigns, and all persons claiming under or through
them, and this lease is made and accepted upon and subject to
the following conditions :
"That there shall be no discrimination against or
segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, ancestry,
or national origin in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of the land herein
leased, nor shall the lessee, or any person claiming under or
through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy of tenants,
lessees, sublessees, subtenants, or vendees in the land herein
leased. "
(3) In contracts : "There shall be no discrimination
against or segregation of any persons or group of persons on
account of race, color, creed, religion, sex, marital status,
ancestry, or national origin in the sale, lease, transfer,
use, occupancy, tenure, or enjoyment of land, nor shall the
transferee, or any person claiming under or through him or
her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees,
subtenants, sublessees, or vendees of land. "
5 . During construction of the Project on the Property and
until Participant has received the entirety of the Agency Financial
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
s •
Assistance pursuant to the terms of the OPA, Participant, for
itself and its successors and assigns, agrees to, and shall,
indemnify, defend, and hold harmless Agency and City and their
officers, officials, employees, agents, and representatives from
and against all liability, loss, damage, costs, and expenses
(including attorney' s fees and court costs) arising from or as a
result of the death or injury of any person or any accident,
injury, loss, or damage whatsoever (whether or not covered by
insurance) caused to any person or to the property of any person
which shall occur on, contiguous to, or adjacent to the Property
and which shall be caused by any acts done thereon or any errors or
omissions of Participant or any of its officers, directors,
shareholders, agents, servants, employees, invitees, contractors,
or subcontractors . Participant shall not be responsible for any
negligent acts, errors, or omissions of the Agency or the City or
their respective officers, officials, agents, servants, employees,
invitees, contractors, or subcontractors .
6 . Neither Agency nor City shall have any responsibility or
obligation for the physical condition of the Property or any por-
tion thereof . Participant agrees to and shall indemnify, defend,
and hold harmless Agency and City and their officers, officials,
employees, agents, and representatives from and against all liabil-
ity, loss, damage, cost, and expenses (including attorney' s fees
and court costs) arising from or related to any action, suit,
claim, legal or administrative orders or proceedings, demands,
actual damages, punitive damages, loss, costs, liabilities, and
expenses, which concern or in any way relate to the physical or
environmental condition of the Property, the existence of any
hazardous or toxic substances or materials thereon, or the release
of threatened release of any hazardous or toxic substances or
materials therefrom, whether existing prior to or after the execu-
tion of this Agreement . As used herein the term "hazardous or
toxic substances or materials" shall mean any substance or material
defined as hazardous or toxic by the United State of America, State
of California, or County of Riverside.
7 . Participant, shall obtain and maintain, and annually
shall provide Agency' s Executive Director, evidence of the
insurance policies required by Section 3 . 11 of the OPA.
8 . Participant shall not devote the Site to uses
inconsistent with the Redevelopment Plan, the OPA, or applicable
zoning restrictions .
9 . The covenants set forth in Paragraph 1 shall remain in
effect until the Agency' s issuance of the Certificate of Completion
in accordance with Section 3 . 9 of the OPA. The covenants set forth
in Paragraphs 2, 5, 7, and 8 shall remain in effect until
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
F5213941014084-008512102392 2 07/05/94
Participant has received the entirety of the Agency Financial
Assistance in accordance with the terms of the OPA. The covenants
set forth in Paragraphs 3 , 4, and 6 shall remain in effect in
perpetuity.
10 . All conditions, covenants, and restrictions contained in
this Agreement shall be covenants running with the land, and shall,
in any event, and without regard to technical classification or
designation, legal or otherwise, be, to the fullest extent per-
mitted by law and equity, binding for the benefit and in favor of,
and enforceable by Agency, its successors and assigns, and the City
of Palm Springs and its successors and assigns, against
Participant, its successors and assigns, to or of the Property
conveyed herein or any portion thereof or any interest therein, and
any party in possession or occupancy of said Property or portion
thereof .
11 . In amplification and not in restriction of the provisions
set forth hereinabove, it is intended and agreed that Agency shall
be deemed a beneficiary of the agreements and covenants provided
hereinabove both for and in its own right and also for the purposes
of protecting the interests of the community. All covenants
without regard to technical classification or designation shall be
binding for the benefit of Agency and such covenants shall run in
favor of Agency for the entire period during which such covenants
shall be in force and effect, without regard to whether Agency is
or remains an owner of any land or interest therein to which such
covenants relate . Agency shall have the right, in the event of any
breach of any such agreement or covenant, to exercise all the
rights and remedies, and to maintain any action at law or suit in
equity or other proper proceedings to enforce the curing of such
breach of agreement or covenant .
12 . The covenants and restrictions contained in this
Agreement shall not benefit nor be enforceable by any owner of any
other real property within or outside the Project Area or any
person on entity having any interest in any such other real
property.
13 . The covenants contained in this Agreement shall be
construed as covenants running with the land and not as conditions
which might result in forfeiture of title .
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
PS2\394W14084-0085\2102392.2 07/05/94
• 0
IN WITNESS WHEREOF, Agency and Participant have caused this
instrument to be executed on their behalf by their respective
officers or agents herein duly authorized as of the date first
written above .
"AGENCY"
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, a public
body, corporate and politic
By: By:
Secretary Executive Director
APPROVED AS TO FORM:
RUTAN & TUCKER
David J. Aleshire, Esq.
Agency Counsel
"PARTICIPANT"
HAIG ATAMIAN dba HAIG' S PRINTING
AND DIGITAL PRE-PRESS SERVICES, a
California sole proprieto ship
e
By:
7 7��
/�ai-"ami-an/G
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
STATE OF CALIFORNIA )
ss .
COUNTY OF VERSIDE )
On �'p
/lr before me, �-
personall
personal known to me der .P� *_o—mom �n the bass of—satisfae-
--
-t-ory— -1-de=e) to be the person �g) whose name (,Z) is/are
bscribed to the within instrumen and acknowledged to me that
he she/they executed the same-in his er/their authorized
capacity(`i-es-�, and that by her it signature �sf' on the
instrument the person(R or the entity upon behalf of which the
person () acted, exec6ted the instrument .
Witness my hand and official seal .
y ELAINE L.OCHWARIL
i comm.#9066l0
Z tary Public/
[SEAL] z Notary Public—CaITY
3,e,++�y, .; onjin RIVERSIDE- Wi "vn;in fr/,�!nno fEB 3,1995
�Yt�y�uy�:c�,'b'."Y'':u;p�n�Li'sva7L�6Sm",csel'1"eW,
STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfac-
tory 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 .
Witness my hand and official seal .
Notary Public
[SEAL]
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
FS2\394\014084-0085\2102392.2 07/05/94
ATTACHMENT NO. 1 TO EXHIBIT "D"
[Exhibit "A" to Regulatory Agreement]
LEGAL DESCRIPTION OF PROPERTY
APN 680-566-006
Lot 17 of Tract 23764, MB 203/51-52, of Riverside County Records .
EXHIBIT "D"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
Item of Performance Time for Performance
1 . Participant executes and Concurrent with execution and
delivers to Agency for delivery to Agency of the
recordation the CC&Rs . (§ 4 . 2) Owner Participation Agreement .
2 . Participant submits Within ten (10) days after the
evidence of sublessee status Effective Date .
to Agency' s Executive Director
and obtains approval of same .
(§ 1 . 8)
3 . Agency executes and Within fifteen (15) days after
delivers CC&Rs to County performance of Item No. 1 and
Recorder for recordation Agency approval and execution
against the Site . (§ 4 . 2) of the Owner Participation
Agreement .
4 . Participant submits to Within sixty (60) days after
Agency and City all required the Effective Date .
applications and site and
building plans for plan review
pertaining to the Project . (§
3 . 1)
5 . Agency and City review and Within forty-five (45) days
approve (or request after the Effective Date.
corrections of) Participant' s
complete site and building
plan submittal . (§ 3 . 1)
6 . Participant makes Within twenty-one (21) days
corrections and resubmits site after performance of Item No.
and building plans for review 5 .
and approval (if applicable) .
(§ 3 . 1)
7 . Agency and City review and Within thirty (30) days after
approve resubmission of performance of Item No . 6 .
Participant' s complete site
and building plan submittal,
or request additional
corrections . (§ 3 . 1)
EXHIBIT "E"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2302392.2 07/05/94
8 . If necessary, Participant Within seven (7) days of
resubmits to Agency and City performance of Item No. 7 .
final corrected set of site
and building plans for the
Project . (§ 3 . 1)
9 . Agency and City approve Within thirty (30) days of
final building plans . (§ 3 . 1) submittal of complete and
corrected final site and
building plans .
10 . Participant submits Prior to issuance of building
required evidence of insurance permits for the Project .
to Agency' s Executive
Director. (§3 . 11)
11 . Participant submits Prior to the issuance of
evidence of Project financing building permits for the
to Agency' s Executive Project .
Director. (§ 3 . 12)
12 . Participant obtains Upon satisfaction of all prior
building permits for the conditions .
Project . (§ 3 . 2)
13 . Participant commences Within forty-five (45) days of
construction of the Project on receipt of building permits .
the Site after obtaining all
required permits and
approvals . (§§ 3 . 1, 3 . 2, 3 .3,
3 . 6) .
14 . Participant completes Not later than December 31,
Project on the Site and 1995 .
obtains Agency' s Certificate
of Completion. (§§ 3 . 6, 3 . 9)
It is understood that the foregoing Schedule is subject to
all of the terms and conditions of the text of the Agreement .
The summary of items of performance in this Schedule is not
intended to supersede or modify any more complete description in
the text . In the event of any conflict between this Schedule and
the text of the Agreement, the text shall govern. The times for
performance set forth in the Schedule may be extended due to
"force majeure" events and in addition Agency' s Executive
Director may approve extensions of time not to exceed a
cumulative total of one hundred eighty (180) days .
EXHIBIT "E"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
EXHIBIT "F"
CERTIFICATE OF COMPLETION
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Community Redevelopment Agency
of the City of Palm Springs
3200 Each Tahquitz Canyon Way
Palm Springs, CA 92263
Attn: Executive Director
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Agreement is recorded at the
request and for the benefit of the
Community Redevelopment Agency of
the City of Palm Springs and is
exempt from the payment of a
recording fee pursuant to Government
Code Section 6103 .
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA
By:
Its :
Dated: 1994
CERTIFICATE OF COMPLETION
WHEREAS, by an Owner Participation Agreement (hereinafter
referred to as the "Agreement" ) dated July 6, 1994, by and between
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
("Agency" ) , and HAIG' S PRINTING AND DIGITAL PRE-PRESS SERVICES, a
California sole proprietorship ("Participant" ) , Participant has
redeveloped the real property legally described in Exhibit "A"
hereto (the "Property" ) , according to the terms and conditions of
said Agreement and has completed the Project (as that term is
defined in the Agreement) ; and
EXHIBIT "F"
TO OWNER PARTICIPATION AGREEMENT
FS2\394\014084-0085\2102392 2 07/05/94
WHEREAS, pursuant to Section 3 . 9 of the Agreement, promptly
after completion of the Project, Agency shall furnish Participant
with a Certificate of Completion upon written request therefor by
Participant; and
WHEREAS, the issuance by Agency of the Certificate of
Completion shall be conclusive evidence that Participant has
complied with the terms of the Agreement pertaining to the
redevelopment of the Property and completion of the Project; and
WHEREAS, Participant has requested that Agency furnish
Participant with the Certificate of Completion; and
WHEREAS, Agency has conclusively determined that the
redevelopment of the Property and the Project have been
satisfactorily completed as required by the Agreement;
NOW, THEREFORE:
1 . As provided in the Agreement, Agency does hereby certify
that redevelopment of the Property and the Project have been fully
and satisfactorily performed and completed, and that such
redevelopment is in full compliance with said Agreement .
2 . This Certificate of Completion shall not constitute
evidence of compliance with or satisfaction of any obligation of
Participant to any holder of a mortgage, or any insurer of a
mortgage, securing money loaned to finance construction work on the
Property, or any part thereof . Nothing contained herein shall
modify in any way any other provision of said Agreement .
3 . The Certificate of Completion shall not constitute
evidence of Participant' s compliance with those covenants in the
Agreement that survive the issuance of this Certificate, or of
covenants contained in the Regulatory Agreement and Declaration of
Covenants and Restrictions .
4 . This Certificate of Completion is not a Notice of
Completion as referred to in California Civil Code Section 3093 .
IN WITNESS WHEREOF, Agency has executed this Certificate as of
this day of , 19
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
By:
Executive Director
EXHIBIT "F"
TO OWNER PARTICIPATION AGREEMENT
P52\394\014084-0085\2102392.2 07/05/94
STATE OF CALIFORNIA )
ss .
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfac-
tory evidence) to be the person(s) whose names) 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 .
Witness my hand and official seal .
Notary Public
[SEAL]
EXHIBIT "F"
TO OWNER PARTICIPATION AGREEMENT
FS2\394\014084-0085\2102392.2 07/05/94
w
ATTACHMENT NO. 1 TO
EXHIBIT NO. "F"
LEGAL DESCRIPTION OF THE PROPERTY
APN 680-566-006
Lot 17 of Tract 23764, MB 203/51-52 , of Riverside County Records .
EXHIBIT "F"
TO OWNER PARTICIPATION AGREEMENT
PS2\394\014084-0085\2102392.2 07/05/94
'N��aH a F= (UPWIMIC E P lN �
This oertifles thai RRS T A T E FARM SUE AND CASUALTY COMPANY, Elcorningion, Illinois
❑STARK FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following Policyholder for She coverages indicated balow:
Name of pofioylidder ATAMIAN, HAIG dba HAIG'S PRINTING
Addreas of policyholder 1243 N. Gen Autry Trail, No. D
Palm Springs, CA 92262
Location of opsrations SPb E
Gr®LHCV :N'PDGtpF BEd TVPG®Tr PP9BitPaea'GNCG LET a°a-' of LPPOQ PTV
DP7om�ia➢o FJaGO Eatporcdi®n ®�'ac:
❑ Comprehensive
General Liability. _ _ BODILY INJURY
.------'------------- --- ---------------...y.......---- - ._. ❑ Dual Limits for:
❑ Manufacturers and .. . Each Occurrence
- -- Contractors L i-----y -- '------'------ Aggregate
❑ Owners, Landlords, i
and Tenants Llabi9'if -------'------------------------ PROPERTY DAMAGE
----------------------- -------------------------- -
Each Occurrence fS
This insurance includes: ❑ Products-Completed Operations Aggretyato*
❑ owners or contractors Proiecdvo Liability BODILY INJURY AND
❑ Contractual Liabili'nj PROPERTY W'AliAGE
❑ Puofcsnional Errors and omissions ❑ Combined Singh Limit for:
❑ Eroad Form Property Damage Each 0ccurronce
❑ Broad Form Cemprehenslve G'Iene-rag Liability Aoc-agale
tPQLC CV PEHC OB CONTR ttC T UAL LIABILITY LIMITS(If different from abows'
i'��tC.P V N9['IPIC'G? •?TEE�L1f�'0,5aMC7CeC°C"f�
�—SGccQdve ClQ`dU 1=0D9L'f 9flJttRV
90-39-7808-3 F BUSINESS/ 07/29/94 09/19/95 Each Occurrence
SERVICE
PROPERTY DAMrACIE
Each Occuruonce
Aggregate
�...__ �J;CESS L9!-1P3oL117.. ��......� BODILY INJURY AND�ROO,'PHfRTY EDAM.11,01-
(Comlainc-d Single Linli'b
500,000
❑ Urnitralla Each OP,ourrenoe n _
❑ other g ;cgate $ 1,000,000
Pavi 5 STiATUTORY
❑ vVou'l:ers' Compansaiiora Parr'¢2 BODiLV IPJURY and Employers Liability Each Accident 43
Dieease 6acY':
Disease-Policy L nnK 119-
`,10P"YPt0 net mpllcatls ROcmor,trmo ooas,mtl Tcnws Lo01Ln,L.�wnr,a oxdk d0m
nuuwx.I CltSmlbti,n-,eonntaalon,o'Mmd¢ion
dCPPaa` t;TGtu lrpf'tiG -t- t[1 '�a"GL I�r-P DNAC:"AltR[`.C'P'rrVtNVrr,u'GG3Q".; MEPa-�C''I1s[': ffl-KV ,:,,dir,C C`, [9D7�n t:f.
tLa'P'215 T6PL's 1011"oE=,z1P. :'API�-E(I IYFTu Ga7"%G9"d F�)'C.rQrlP v.
Nome and Addreas at 'Lilica'ic Holder
siE�wm ov rnmonzod FLp.�,m----���
Department of Economic Development AGENT
P.O. Box 2743 '°"
Palm Springs, CA 92263-2743 _JuL 9 _1994 __-
dan
no�rs cem
8694/970F
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