HomeMy WebLinkAbout00133C - PA6B12 PS FLORIST HALL OPA 894 NPC SETBACK Elwin & Mary Hall dba P.S.
Florist at 894 N. Palm Canyon
setback for expansion
COMMUNITY REDEVELOPMENT AGENCY AGREEMENT #133, 7-26-85
OF THE CITY OF PALM SPRINGS Res 348, 7-3-85
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
1985, by and between the COMMUNITY REDEVELOPMENT AGENCY OF E CTFY OF PALM
SPRINGS (hereinafter referred to as the "Agency") and ELWIN and MARY HALL dba
Palm Springs Florist, Inc. ,(hereinafter referred to as the "Participant") .
This agreement is entered into with reference to the following facts:
(a) The Palm Springs North Palm Canyon Redevelopment Project Area, has
been selected and designated as an area which required development in the
interest of the Health, Safety and General Welfare of the City of Palm Springs
and the State of California and in accordance with Section 33000 through
33600 of the California Health and Safety Code.
(b) The Redevelopment Plan for the Palm Springs North Palm Canyon Redevelop-
ment Project Area, was prepared and approved by the Agency. On October
19,1984, the Plan was adopted by the Palm Springs City Council upon the
passage of Ordinance #1227 , fallowing a joint Public Hearing of the Agency
and the City Council .
(c) The parties hereto recognize and agree that the Redevelopment Plan
is a plan for the improvement of real properties within the project area
and for the prevention of further blight therein.
(d) The Redevelopment Plan provides for the participation of owners of
parcels of property therein, if the owners of such property agree to partici-
pate in the redevelopment in conformity with the Plan, by entering into
an agreement with the Agency to effectuate improvement of such property.
(e) The Participant is owner of Property located at 894 North Palm Canyon
Drive, Palm Springs, California.
(f) Successful redevelopment of the total Project Area would benefit the
Participant's property by the upgrading and expansion of an existing commer-
cial building into a modern , well planned, attractively designed building
and related improvements.
NOW, THEREFORE, the Agency and the Participant (for the consideration and under
the conditions herein set forth) for the benefit of themselves, do understand
and agree for themselves and their assigns , successors and future owners of
said real property and of all owners of real property in the Project Area as
follows:
I. PARTIES TO THE AGREEMENT
A. The Agency
The Agency is a public body, corporate and politic, exercising governmental
functions and powers and organized and existing under the Community Redevelopment
Law of the State of California. The office of the Agency is located as part
of the City of Palm Springs, at the Palm Springs City Hall , 3200 E. Tahquitz-
McCallum Way, Palm Springs, California, 92262.
B. The Participant
The Participants, operate under the name of Palm Springs Florist, with all
correspondence and documents to be submitted to Elwin and Mary Hall , 894 North
Palm Canyon Drive, Palm Springs , California , telephone (619)325-7441. The
Participants to this agreement shall be fully bound to the terms and obligations
hereof.
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I:
II. PROPERTY DESCRIPTION
Parcel 1 (505-285-001)
Description:
South 16 feet of Lot 27 and all of Lot 28,
Palm Springs Estates #2.
Parcel 2 (505-285-002)
Description:
Lot 29, Palm Springs Estates #2.
III. USE OF THE PROPERTY: COVENANTS AND RESTRICTIONS
Participant covenants and agrees for itself, its successors , its assigns and
every successor in interest to the property or any part thereof, that:
A. Participant, such successors and assigns, shall devote the property
to uses specified in the Redevelopment Plan, as it now exists or is hereafter
amended consistent with the provisions of this agreement.
B. There shall be no discrimination against or segregation of any person,
or group of perons, on account of race, sex, color, religion, national origin
or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the property, nor shall the Participant itself nor 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
of the property.
C. Participant agrees to submit copies of its schematic and preliminary
plans and drawings to the Design Review Board, for review and approval pursuant
to the Redevelopment Plan and at such appropriate time as to give the Board
reasonable time to approve or disapprove such plans and drawings. Reasons
must be stated for disapproval and if disapproved, the parties shall work coop-
eratively to attain a mutually agreeable solution. The plans approved by the
Architectural Advisory Committee of the Palm Springs Planning Commission, acting
as the Design Review Board, will become part of this agreement.
D. The provisions of this agreement do not limit the right of obligees
of Participants to foreclose or otherwise enforce any mortgage, deed or trust
or other encumbrance upon the property, or the right of obligees to pursue
any remedies for the enforcement of any pledge or lien upon the property; pro-
vided, that in the event of a foreclosure sale under any such mortgage, deed
of trust, or other lien or encumbrance, or sale pursuant to any power of sale
contained in any such mortgage or deed of trust, the purchaser or purchasers
and their successors and assigns , and such Property, shall be and shall continue
to be subject to all the conditions, restrictions and covenants herein provided
for.
IV. TERMS AND CONDITIONS OF THE AGREEMENT
A. Assignment and Sale
The Participant may transfer or sell the property consistent with the Redevel-
opment Plan and City Ordinances but may not assign this agreement to a third
party without the approval of the Agency, and provided that such purchaser
shall be bound in writing by all of the terms an conditions of this agreement,
and upon such transfer Participant shall be relieved of any further
responsibility under this agreement with respect to such transferred property.
Participant shall promptly notify the Agency of any proposed transfer or sale
of the property and shall advise any prospective purchaser or transferee of
the terms of this agreement.
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B. Description of Development b4`
The Participant agrees to renovate and expand an existing florist shop.
C. Encroachment Into Required Setback
Due to the location at the right-of-way line of the existing structure on
the parcel and adjacent structures in the block, it is deemed appropriate and
consistent with the Redevelopment Plan for the North Palm Canyon Project Area
for the building addition to encroach into the required setback line. This
encroachment is further acceptable due to the low probability of near term
completion of the planned widening of Palm Canyon Drive. In any case, the
addition shall not project further into the setback than the wing wall of the
structure immediately adjacent to the south of the subject property.
D. Removal of Improvements
In the event that buildings comprising sixty percent (60%) or more of the
frontage including the subject property of the east side of the 800 block of
North Palm Canyon Drive are rebuilt or remodeled and are brought into compliance
with the setback in effect at that time or sixty percent (60%) or more of said
frontage either complies or are subject to agreements requiring compliance
with the setback in effect at that time, the Licensee shall within one hundred
eighty (180) days after written notice from the Agency so to do, remove,
reconstruct, alter or make changes to the premises located at 894 North Palm
Canyon Drive and currently known as the Palm Springs Florist, Inc. to bring
the entire Palm Canyon frontage of said premises into conformance with the
setback provisions of the Palm Springs zoning ordinance and in a manner
satisfactory to the Agency; however, if pursuant to this paragraph the structure
is required by the Agency to be removed, the Agency agrees to pay reverence
based on a prorata share of the cost of the structure, based on a constant
declining value over a 10 year period, of the verified cost of improvement.
This severance cost at the beginning of the 10-year period shall not exceed
$25,000.
E. Termination by Agency
The Agency reserves the right to terminate this Agreement if Participant
fails to perform any obligation under this Agreement prior to the issuance
of a building permit for the structure.
F. Termination by Participant
Participant shall have the right to terminate his obligations under this
Agreement at any time prior to the date of the issuance of a building permit
for the structure.
G. Supplemental Agreements
Within ninety (90) days from the date of this Agreement, and based on
Participant' s approved preliminary plans for the property, the Agency and
Participant may enter into supplemental agreements as necessary to implement
this agreement.
V. GENERAL PROVISIONS
A. Agency Employees, Members
No member, official , or employee of the Agency shall have any personal
interest, direct or indirect, in this Agreement, nor shall any such member,
official , or employee participate in any decision relating to the agreement,
which affects his personal interests or the interests of any corporation,
partnership, or association in which he is directly interested. No member,
official or employee of the Agency shall be personally liable to Participant
or any successor in interest in the event of any default or breach by the Agency
or for any amount which may become due to Participant or successor or any
obligations under the terms of this Agreement.
B. Right to Enter
The employees and agents of the Agency shall , at all reasonable times , have
access to the property for the purposes of making such inspections, surveys
and examinations of the same as may be reasonable and necessary in the
performance of its obligations to carry out the redevelopment in accordance
with the Redevelopment Plan.
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C. Acquisition by Other Public Agency
Upon the acquisition of the property by any other governmental entity, the
Agency may, in its sole discretion, terminate this Agreement and all obligations
and duties of the parties hereunder.
D. Time is of the Essence
Time is of the essence hereof; provided, however, that any time limitation
set forth herein may be extended by the Agency, in its sole discretion, upon
the receipt of written request therefore from Participant.
E. Binding Effect of Agreement
This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto, their legal representatives, successors and assigns. This
agreement shall likewise be binding upon and obligate the property and the
successors in interest, owner or owners thereof, and all of the tenants, lessees,
sublessees and occupants of such property.
This Agency and the Participant have executed this Agreement on the date first
above written.
Date: /a/ ��.5 By1
Participant
By liU ,J-Itl P
Part-cipant
By
Chairman
Community Redevelopment Agency
City of Palm Springs, California
COMMUNITY REDEVELOPMENT AGENCY CONTENTS APPROVED:
Br 1 j� By �a�elsy
Executive Directdr /- Redevelopment rector
ATTEST: APPROVED AS 0 FORM:
--Assistant Secretary i y Attorney _
Date:
State of California ] APPP0— 'ET BY 1'14�: GWv11b'iWATY R'c[DEV,.
] ss. , xgu
County of ] j AGENCY B RES, NO.
On this day of ALL in the year of ' before me,
personally appeared (,i / /f9i?f�1 /��/ known to me (or proved to me on
the oath of to be the president (or the secretary) of the corporation
that execut' th within instrument on behalf of the coprporation ther' v
named, and acknowledged to me that such corporation executed the same b
Notary ,,Pub is (SEAL)
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