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HomeMy WebLinkAbout00021C - DELGADO LAS CASUELAS OPA 344916 FREE RECORDING REQUESTED BY AND RECElV: OR RECORD WHEN RECORDED MAIL TO: AT 80000 O'CLOCK THE COMMUNITY REDEVELOPMENT SEP 2 F 1997 AGENCY OF THE CITY OF PALM SPRINGS 7y� 3200 E. Tahquitz Canyon Way �° Palm Springs, CA 92262 flernmE4m Olhaal RewrGs 0 Povemtle Counry,Calrlm5,ia Attn: �� 9arnE! Recorder Fees$4— I " ` 1 TERMINATION OF LICENSE W a9?d�+;�. { r RED N& CVTHIS TE NATION OF LICENSE ( "Agreement" ) is made as of this day of 1997, between THE COMMUNITY REDEVELOPMENT AGENCY OF THE6CITY OF PALM SPRINGS ( "Licensor" ) and MARY T. DELGADO and WELLS FARGO BANK, N.A. , as Co-Trustees of the Florencio H. Delgado and Mary T. Delgado Revocable Inter Vivos Trust UTD June 26 , 1990 ( "Licensee" ) . R E C I T A L S : r� A. Licensor and Florencio Delgado ( "Delgado" ) entered into that certain License dated July 28 , 1982 , as amended by that certain Amended License dated October 3 , 1985 (together, the "License") pursuant to which Licensor gave Delgado the right to construct, maintain, use, and repair a portion of a trash container located within the westerly three and one-half (3 . 5) feet of that certain real property owned by Licensor described as the east fifty (50) feet of Lots 4 and 5 in Block 28 of Palm Springs Tract, beginning at a point approximately seventeen (17) feet from the south property line and extending northerly forty (40) feet ( "License Area" ) . B. Licensee is Delgado' s successor-in- interest to the subject property and under the License- C. Licensor and Licensee desire to terminate the License as of the "Termination Date" defined .in Paragraph 1 of this Agreement, subject to the terms and conditions of this Agreement . NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, Licensor and Licensee agree as follows : 1 . Termination of License. Licensee' s rights to possession of the License Area shall absolutely terminate as of $Q�rJf -az 1997 (the "Termination Date") . The License shall be terminated and 0531014094-000612172916.6 a06l17197 • • 344916 cancelled and the term thereof brought to an end as of the Termination Date, with the same force and effect as if the term of the License was, by its own terms, fixed to expire on the Termination Date and not as provided in the License. 2 . Time is of the Essence. Time is hereby expressly made of the essence in this Agreement and each and every term and condition contained in this Agreement . 3 . Integration. This Agreement and other documents express- ly incorporated herein by reference contain the entire and exclu- sive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 4 . Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be in writing and executed on behalf of each party to this Agreement . S . Governing Law. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 6 . Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. IN WITNESS WHEREOF, the parties hereto have executed this Termination of Licensee as of the date first above written. THE COM AGENCY OF THE CIT OF PALM I GS By: Its : c,c,jpti �- sjSTAefT SaCP1.7R R✓� "Licensor" [Signatures continue on next page] 053/014084-0006/2172916.6 .06/17197 -2- OF CALIF0 7IA ) ss . COUNTY OF ) On the da f 199Z, before me, the undersigned, a Notary P c, n and for said State and C unty, ' personally appeared a ly known to me (or proved to me on the bas ' of satisf evidence) to be the person who executed the withi rumen as the Executive Director on behalf of THE CO R VELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, the icipal corpora n therein named, and acknowledged to meat such corporation e uted the within instrument nat to its bylaws or a resolution its board of directors WITNESS my hand and official seal . (SEAL) Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF 7IIdEPS(d'a) ) On (Q I Rq- before me,TDYI N personall appeared -')' CL" 'T' EA D personally known to me to be the person O whose name (z) is/ate subscribed to the within instrument and acknowledged to me that he/she/t4jey executed the same in his/her/the—ice authorized capacity (iss) , and that by hl-s/her/them signature (sl on the instrument the person(z) or the entity upon behalf of which the person(a) acted, executed the instrument . Witness my hand and official seal . Notary Pub is [SEA DONATE RICHARDMN CDAAM.♦1021401 Notary Public—CaN RNERSIDE COU 1oR40 W Comm.Exdres APR 29.199E 053/014084-0006/2177916.6 .06/17/97 -4- • 34491G State of California SS . County of Riverside On before me, ELAINE L. WEDEKIND, Notary Public, perpontll'y— appeared *** ROB W. PARKINS and J. SUMICH *** personally known to me to bet e persons w ose names are su scribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument . WITNESS my hand and official seal . �— Notary Public I � ��N ELAINELWEDEKIND y a _ _ COMM.#104'957 I Notary Public—California " ` RIVERSIDE COUNTY °'`''^� My Comm.Expires FEB 3.1999 • 344916 [Signatures continued from preceding page] MAW TT. (_1)ELGADO1 C -TRUSTEE, OF THE FLORENCIO H. DELGADO AND MARY T. DELGADO REVOCABLE INTER VIVOS TRUST UTD JUNE 26, 1990 WELLS FARGO BANK, N.A. , AS CO-TRUSTEE OF THE FLORENCIO H. DELGADO AND MARY T. DELGADO REVOCABLE INTER VIVOS TRUST UTD JUNE 26, 1990 By: Its : VI rQ 51l�2d,� "Licensee" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4,14491133 No State of California OPTIONAL SECTION I CAPACITY CLAIMED BY SIGNER ClDunty of Riverside Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. On 5-10-D7 before me, Carol A. Moreno Notary Pnh1 i r DATE NAME,TITLE OF OFFICER-EG,"JANE DOE,NOTARY PUBLIC" INDIVIDUAL personallyeared Tammy Fox ,®CORPORATE OFFICERS) appeared NAME(S)OF SIGNER(S) 11m, TITLE(S) ®personally known to me- OR - ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(* whose names} is/ere ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that pelAshe4laey executed ❑TRUSTEE(S) the same in 14♦&/her,ltlheir authorized ❑GUARDIAN/CONSERVATOR � r/l cap aacity(+e , and that by 4+s/herftheif -. �on,gy�_CNW signature(-aj'on the instrument the person(st ❑ OTHER' rw«+iWCoutly or the entity upon behalf of which the "11'COf""` "K�rQ r person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNE S my hand and off ial seal. NAMEOEPERSO )ORENTIT ES) SIGNi OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCU/MENT T.P� ///�'/7D.0 DF' /LA4VSE" THE DOCUMENT DESCRIBED AT RIGHT: &TNL NUMBER OF PAGES DATE OF DOCUMENT �!/ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P.O.Box 7184•Canoga Park,CA 91309-7 053/014084-0006/2172916 6 aO6/17/97 -3- t NN u I AMENDED AGREEMENT N0, 2 � + between CITY OF PALM SPRINGS 19 —� COMMUNITY REDEVELOPMENT AGENCY OF THE d, "mJ n �V`if�:1 CITY OF PALM SPRINGS AND Florencio & Mary Delgado 1 8 I Las Casuelas Terraza PA1B)0 FLORENCIO H. and MARY DELGADO Amendment 2 AGREEMENT #21 R698, 6/6/90 Qj- 1:S� THIS AMENDED AGREEMENT, made and entered into this 6th day of June, 1990, 'r by and between the City of Palm Springs (hereinafter referred to as "City") , the Community Redevelopment Agency of the City of Palm Springs (hereinafter referred to as "Agency") , and Florencio H. and Mary Delgado, and Richard and Patricia Service (hereinafter referred to as "Participant"). This Amended Agreement is entered into with reference to the following facts: 1. The Agency entered into an Owner Participation Agreement with the Participant on July 20, 1977, for the development of a high quality mexican restaurant by Resolution No. 65. 2. The Agency entered into a Supplemental Agreement on December 7, 1977 , pertaining to the acquisition by the Agency of a parking area adjacent to the restaurant, by Resolution No. 72. 3. The Agency entered into a License Agreement with the Participant on October 3, 1985, allowing for the development of a structure over 3.5 feet of Agency owned land adjacent to the restaurant which license was established by Agency Resolution No. 362. 4. The City of Palm Springs introduced an Ordinance on October 23, 1967, establishing a Vehicle Parking District that included the area in which the restaurant is located. 5. The restaurant established on the site has proven to be one of the most highly successful businesses in Palm Springs. 6. The expansion of the restaurant would be in the best interest of the Redevelopment Project Area. NOW THEREFORE, the City, 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 as follows: ' • • 265636 I. PARTIES TO THE AGREEMENT A. The City - A municipal corporation. All correspondence and documents not delivered shall be mailed to City of Palm Springs , Department of Economic Development, P.O. Box 1786, Palm Springs, CA 92263. B. The Agency - The name shall remain the same as in the original agreement. All correspondence and documents not delivered shall be mailed c/o Agency to P.O. Box 1786, Palm Springs, CA 92263. C. The Participant - The names of Richard and Patricia Service shall be added as Participants, and all correspondence and documents shall be submitted to Richard M. Service, Jr. , 222 South Palm Canyon Drive, Palm Springs , CA 92262. II. TERMS AND CONDITIONS OF THE AMENDED AGREEMENT A. Vehicle Parking District #1 - The provisions in this Amended Agreement shall be contingent on the successful modification of Vehicle Parking District #1 by the City of Palm Springs. B. Parking In-Lieu Payment - The Participant agrees to pay to the City an amount equal to Nine Thousand Two Hundred and Fifty Dollars ($9,250.00) times the number of parking spaces required to accommodate the proposed expanded development. C. Timing of In-Lieu Payment - The Participant shall deposit into the Parking Fund one-third (1/3) of the in-lieu fee two years after completion of the parking facility and one-third (1/3) of the in-lieu fee each year for the next two years from the date of notice of completion. Each payment shall include an additional amount for interest equal to 8% per year of the outstanding balance. Nothing herein shall prohibit the Participant i' from paying said in-lieu fees and interest to date in advance of required payments without penalty. D. Vehicle Parkin, District Board - The City shall appoint its City Council as the Board of Vehicle Parking District #1 and shall use its best efforts to obtain approval from members of the District to modify the District according to plans set forth as part of this agreement. E. Modification of District - Subject to the provision of Section II A. above, the City shall modify the District to allow for the sale of the driveway entrance from Palm Canyon Drive to the Participant. -2- 265636 F ..ale of Parking District Land - The Agency shall sell the west . portion of a parcel of land measuring 6 feet by 100 feet adjacent to the east portion of the Participant' s property to the Participant. Escrow shall close prior to or concurrent with the Participant obtaining permits for construction. G. Sale of Agency Land - The Agency shall sell the remainder of its parcel to the City to be included into Vehicle Parking District #1. H. Design Approval - This Agreement entitles the Participant to submit its plans for Planning Commission approval prior to close of escrow and may include plans for the proposed modification of Vehicle Parking District #1. I. Easements/Acquisition of Private Ownership - The City shall negotiate and obtain easements or acquire the parking area presently in private ownership on the westerly 54.75 feet of Lots 23 and 24 of Block 28. J. Inclusion of Arenas Road into District - Arenas Road between Palm Canyon Drive and Indian Avenue shall be modified to include additional parking and shall be incorporated into the parking area of Vehicle Parking District #1. K. Land Value - All land transactions shall be valued at $22.00 per square foot. L. Payment for Parking Design - The Participant shall contribute up to $25,000 toward the redesign of Vehicle Parking District #1. M. Restriction on City Contribution to VPD #1 - The City shall pay for the balance of the design and reconstruction of the newly revised VPD #1 up to the amount contributed by the Participant in in-lieu fees. N. Construction Timinq/VPD #1 - Construction of the newly designed VPD #11 including Arenas Road, shall take place between July 1, 1991, and October 1, 1991. 0. Construction Timinq/Restaurant Addition - The Participant has proposed to construct a 126-seat addition to the restaurant to be completed to coincide with the revision to the adjacent parking area. A second phase group dining facility with seating not to exceed 150 seats is proposed to be added at a later date over property included in this agreement. The Participant shall be required to pay an in-lieu fee of 50% of the prevailing fee to satisfy parking requirements established for this additional use. P. Owners Rights/Parking District Modification - If owners of more than one half of the area of the assessable land included within the District have made objection in writing to the proposed substitution of land for VPD #1 then the substitution proceedings must be terminated. -3- • 265636 - III. GENERAL PROVISIONS A. Existinq Agreements - To the extent relevant, pre-existing agreements shall remain in full force and effect. IN 'WITNESS WHEREOF, said Participant, City, and Agency have caused this instrument to be executed by their respective officers or party thereunto duly authorized as of the day and year herein first above written. � 1 PARTICIPANT: If FLORENCIO H. DEL DO RICHARD M.\,SE�NICE By MARY DELG O PATRICIA SERVICE ATTEST: CITY OF PALM SPRINGS, CALIFORNIA �✓' City Clerk -�,—„-City Manager � `i ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, C89 FORNIA j L.Assi scant-S(eeccretary Chairman ,APPROV AS s 0 FORM ez C/r" � , City i.tuerey Date �- Ll J ANNCY BY US, NO._ -4- • • 265636 STATE OF CALIFORNIA) )ss . COUNTY OF RIVERSIDE) On 1990 , before me , the undersigned Not'a,fy PiWlic in and for the said State, personally appeared *********DALLAS J. FLICEK************* , known to me to be the Acting City Manager and ****JUDITH SUMICH*** , known to me to be the City Clerk of the CITY OF PALM SPRINGS , the Corporation that executed the within instrument , known to me to be the persons who executed that within Instrument , on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws, or a resolution, or ordinance. WITNESS My hand and official seal : ���� " `" orFtcPALSEAP Notary Public 'iill and for y�. ��" EIAIPdEE..SCNIVARTZ said State ?%'-��NOTARY PUBl1G-CALIFOr1iMA -1yCF''`ti� Rr4ER510E COUNTY Fly Comm Expnee Dec 25 1990 STATE OF CALIFORNIA) ) ss . COUNTY OF RIVERSIDE) On r f 1990 , before me, the unde gne Notary Public in and for the said State, personally appe red ******** Sonny Bono ********* , known to me to be the Chairman and ********* Judith Sumach known to me to be the Assistant Secretary of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS , a body politic, that executed the within instrument , known to me to be the persons who executed the within Instrument , on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws , or a resolution , or ordinance. WITNESS my hand and official seal: - *^= w�•lA OPF7CIAL SEAL. r� } '`' E1fdP!E L. SCH�YARTZ � ` � ,(t+t*w:"r N" NOTARV?U3JGCALIFORWA "Y^" r?4ti R;VERSICE COUNFY ary Public i • and for sa' State ze v90 265636 STATE OF CALIFORNIA RIVERSIDE Iss. _ COUNTY OF—"— On E JUNE 0 8 , 19 9 O ,before me,the undersigned,a Notary Public in and for o On _ U said State,personally appeared—***FLORENCIO H. DEL .GADO MARY DELGADO RICHARD M. SERVICE, PATRICIA SERVICE**************** U N E , LL personally known to me(or proved to me on the bases of sans- factory evidence)to be the person(s)whose name(s)is/are sub- 02 'AL SE scribed to the within instrument and acknowledged to me that 1: RE'tli9llA C.RREDEEI a � m �n ;r 5 he/she/they executed the same. 1''<' r' *° NOTARY PUBLIC.CALIFORNIA RIVERSIBECOUNTY N an Expires Oer. 11,1992 WITNESS my hand and official seal. C�t1 � e ro Signature E�" ,9- �[GC f (This area for official notarial seal) AMENDED AGREEMENT N0. 2 i �RaeordhV R ued Or between A id _ g CITY OF PALM SPRINGS • HSut'".�jt1l<40R� Z COMMUNITY REDEVELOPMENT AGENCY OF THE a ,n CITY OF PALM SPRINGS A! / [ 10 PP 3FRINGy AND ITb6 FLORENCIO H. and MARY DELGADO �� 9223 THIS AMENDED AGREEMENT, made and entered into this 6th day of June, 1990, by and between the City of Palm Springs (hereinafter referred to as "City" ) , the Community Redevelopment Agency of the City of Palm Springs (hereinafter referred to as "Agency") , and Florencio H. and Mary Delgado, and Richard and Patricia Service (hereinafter referred to as "Participant"). This Amended Agreement is entered into with reference to the following facts: 1. The Agency entered into an Owner Participation Agreement with the Participant on July 20, 1977 , for the development of a high quality mexican restaurant by Resolution No. 65. 2. The Agency entered into a Supplemental Agreement on December 7 , 1977 , pertaining to the acquisition by the Agency of a parking area adjacent to the restaurant, by Resolution No. 72. 3. The Agency entered into a License Agreement with the Participant on October 3, 1985, allowing for the development of a structure over 3. 5 feet of Agency owned land adjacent to the restaurant which license was established by Agency Resolution No. 362. 4. The City of Palm Springs introduced an Ordinance on October 23, 1967 , establishing a Vehicle Parking District that included the area in which the restaurant is located. 5. The restaurant established on the site has proven to be one of the most highly successful businesses in Palm Springs. 6. The expansion of the restaurant would be in the best interest of the Redevelopment Project Area. NOW THEREFORE, the City, the Agency, and the Participant (far 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 as follows: 0 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS SUPPLEMENTAL AGREEMENT #1 TO OWNER PART ICIPAIION AGREEMENT 1#21 WITH FLORENCIO H. AND MARY DELGADO AS APPROVED BY RESOLUTION #65 THIS AGREEMENT, made and entered into the 7th day of December, 1977, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, (hereinafter referred to as the "Agency" ) and FLORENCIO H. and MARY DELGADO (hereinafter referred to as the "Participant") is supplemental to the Owner Participation Agreement entered into by the same parties on the 20th day of July, 1977, and is in response to Section IV. K. as called for in that Agreement. 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 for all owners of real property in the Pro- ject Area as follows: I. PARTIES TO THE AGREEMENT The Participant as defined in Agreement #21 shall be amended to read: FLORENCIO H. AND MARY DELGADO COPIES OF ALL CORRESPONDENCE SHALL ALSO BE SENT Florencio Delgado, 621 High Road, Palm Springs, CA 92262 II. TERMS AND CONDITIONS OF THE AGREEMENT A. Parking In-lieu Payment The Participant shall provide monies into the City' s parking fund in- lieu of providing required parking at the rate of $3,000 per space for 41 spaces for a total amount of $123,000 to satisfy restaurant seating for 180 customers. The Participant is to deposit $65,500 into the City' s parking fund prior to 30 days after the filing of Notice of Completion representing the difference between the in-lieu parking fee and the purchase price by the Agency for a fully developed driveway and parking area ($123,000 minus $57,500 equals $65,500) . (Note: Restaurant requires 1 space per 4 seats. Two (2) spaces have been credited for a previous payment into the parking fund and 2 spaces are provided on site) . B. ACQUISITION OF PARKING AND DRIVEWAY AREA (PARCEL 2) FROM PARTICIPANT Parcel 2 is described as follows: That Easterly portion of subject property measuring 100 feet wide by 50 feet deep. Said site encompasses 5,000 square feet of land. The Agency agrees to acquire the 5,000 square feet of land as an im- proved driveway and parking area to City standards from the Participant at the rate of $11 .50 per square foot or $57,500, which proceeds shall be derived from the City's parking fund as a result of II. A. above. -1- C. TITLE TO PARCEL 2 10 Title to said parcel as described in II . B. above shall be vested 'in the name "Community Redevelopment Agency of the City of Palm Springs , California. " D. DISBURSEMENT OF COSTS The Agency and the Participant shall share equally in the cost of escrow and title reports as required. E. REIMBURSEMENT FOR DEMOLITION The Agency agrees to reimburse Participant $5,000 for costs advanced for demolition of structures and removal of walls and trees on Parcel 2 within 60 days of the execution of this Supplemental Agreement. This Agency and the Participant have executed this agreement on the date first above written. Date By ✓ ✓ C L� f Par ci pan t Community Redevelopment Agency ATTEST: City of Palm Springs, California BY Secretary � Chairman REVIEWED & APPROVED -2- . 2�IWO, FlOtOaCid x et ux, r Partic. agr re Mexican restaurant, 222 So. Palm Cnyn COMMUNITY REDEVELOPMENT AGENCY CRA AGREEMENT #21 (Orig 7-20-7; OF THE CITY OF PALM SPRINGS CRA Res #65, 7-20-77 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this Ofe: fday of % ' % 1977, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (hereinafter referred to as the "Agency") and Florencio H.and Mary Delgado °- after referred to as the "Participant") This agreement is entered into with reference to the following facts: (a) The Palm Springs Central Business District, Redevelopment Project area, has been selected and designated as an area which required de- velopment 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 Central Business District, Redevelopment Project area, was prepared and approved by the Agency. On July 11 , 1973, the Plan was adopted by the Palm Springs City Council upon the passage of Ordinance #952, following 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 participate 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 222 South Palm Canyon Drive, Palm Springs, California. (f) Successful redevelopment of the total Project area would benefit the Participant' s property by the elimination of old and nonconforming commercial and residential buildings and by the replacement thereof with modern, well planned, attractively designed buildings 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 govern- mental 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 Tahquitz-McCallum Way, Palm Springs, California, 92262. B. The Participant The Participants, Mr. and Mrs. Florencio H. Delgado, operate under the name of Las Casuelas Terraza with all correspondence and documents to be submitted to Richard M. Service Jr. , 648 Monterey Road, Palm Springs, -1- California, 92262, phone 323-1210. The Participants to this agreement shall be fully bound to the terms and obligations hereof. II. PROPERTY DESCRIPTION Lots 4 and 5, Block 28, Map Book 9, Page 432, Section 15, T4S, R4E, S.B.B.&M. , measuring 100 feet x 142.25 feet. Assessor' s Block 513-154, parcel 019 (Portion of Block 9 of CBD map - See Exhibit fl ) Parcel 1 : That westerly portion of the subject property measuring 100 feet fronting on Palm Canyon Drive with a depth of 92.25 feet. Parcel 2: That easterly portion of the subject property measuring 100 feet wide and 50 feet deep constituting the rear portion of the property. 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 persons, 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, lesees , subtenants, sublessees or vendees of the property. C. Participant agrees to submit copies of its schematic and prelimi- nary plans and drawings to the Design Review Board, for review and approval pursuant to the Redevelopment Plan and at such appropriate times 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 cooperatively 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 a part of this agreement. D. The provisions of this agreement do not limit the right of obligees of Participant to foreclose or otherwise enforce any mortgage, deed of 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; provided, 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 Redevelopment Plan and City ordinances but may not assign this Agree- ment 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 and conditions of this Agreement, and upon such transfer Participant shall be CRA 2 a 5 -2- CRA 2 a 6 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. B. Parking In-lieu Payment The Participant agrees to pay to the City an amount equal to Three Thousand Dollars ($3,000.00) times the number of parking spaces required by the proposed development, as established by City ordinances, said amount to be placed in the City Parking Fund a portion to be utilized toward the purchase of an improved parcel 2. C. Description of Development The Participant agrees to develop a high quality restaurant on parcel 1 . D. Development and Sale of Parking Area The Participant agrees to develop and Agency agrees to acquire for $11 .50 per square foot, a fully developed parking area and driveway to City Standards on parcel 2. (The Participant will reserve easement rights. ) E. Maintenance of Parking Area The Agency agrees to provide for the maintenance of the parking area and driveway on parcel 2 at its costs. F. Regulation of Parking The Agency agrees to regulate the parking in such a manner as to retain it primarily for the use of the public for dining, shopping and business purposes. The Agency reserves the right to regulate parking. G. Demolition of Existing Structures The Agency agrees to bear the cost of demolition and removal of all structures and trees on parcels 1 and 2. H. Time of Performance The Agency agrees to purchase the fully developed parking and driveway area on parcel 2 immediately upon its completion, providing it is developed in the manner consistent with plans and specifications for its development, and providing satisfactory evidence is furnished to assure the completion of development on parcel 1 . I. Termination by Agency The Agency reserves the right to terminate this Agreement if Partici- pant fails to perform any obligation under this Agreement prior to sale of the parking lot to the Agency. J. Termination by Participant Participant shall have the right to terminate his obligations under this Agreement at any time prior to the date when Participant delivers Parcel 2 to the Agency and Agency has paid the required purchase price, provided however, that Agency shall be reimbursed for any costs of de- molition or site clearance. In the event of termination and in the event Participant proceeds with the development of the property, Participant shall be required to pay such in lieu parking fees as may be required to satisfy deficient parking spaces. -3- K. Supplemental Agreements Within ninety (90) clays from the date of this Agreement, and based on Participant's approved preliminary plans for the property, the Agency and Participant shall enter into supplemental agreements as necessary to implement this agreement. Said supplemental agreements shall be consistent with the terms of this agreement and include: (a) The exact timing and amount of the in-lieu contribution required under IV (B). (b) The price, condition of title, allocation of costs of escrow and title insurance, pro-ration of taxes and other details of the sale of the parking lot to the Agency under IV (D) . (c) The manner of demolition of structures and site clearance on parcels 1 and 2 and ascertaining the costs thereof. (d) Such other matters as necessary to implement this agreement. If such supplemental agreements are not entered into within said ninety (90) day period, subject to such extensions as may be mutually agreed to by the parties, then either party for a period of thirty (30) days thereafter may terminate this agreement upon written notice to the other. 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 agree- ment, which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or in- 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. O. 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 therefor from Participant. CRA 2 a 7 -4- Eva' 't4 IN17- �y I I c7 h � Gvo0 l -- OlSl�vq ~ z --------1 —= f ~ v ---- - Q Lm 070 Q i�JC�1? 09� �` a Q �- U T 77 141/ --__—__ 17gT - --- - 70 - OV08 _ SVN3�]V -�-- 1 _ I � y I r I I T. / / Z 8 Z VND -. - ij• 0 • CPA b 2 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 therof, 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. / c B v, - ate L Participant By s Part ipant Chairman . Community Rede,)(elopment Agency City of Palm springs, California COMMUNITY REDEVELOPMENT AGENCY CONTENTS APPROVED: y y., By .1 �. Cf� Secretary 6nd Executi e Ri and J. Smi - D'irector Director of mmuni.ty Development ATTEST: Donald A. Blubaugh APPROVED AS TO FORM: City Clerk By Deputy City Clerk rney Date -5- S674 - box KRUI r,. . O . 120 '? . . KgoWns .. ., . .. ., r ^q: ._ . .• .. 1 7 T r Ff,' „ WAY t van tly "how yp7g 7701 AF NRATN- i ., . .. oily On p.` - V