Agenda packet — Palm Springs City Council, March 27, 2025 (part 5 of 6)

Recording Requested By:

When Recorded Mail To:

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VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.) of the O
wner identified
in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare und
er penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at ____ ___________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d 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.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment B
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Revised 4.13.23 Page 1 of 2

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 2
CP 19-28 Recreational Fields LED Lighting Upgrades

Contractor: Southern Contracting Company Date : March 13, 2025

CONTRACT CHANGE ORDER SUMMARY

The City’s Project Manager has prepared an itemized accounting of the credits for contract work which the Contractor did not complete, additional work due to changes in scope, or was determined to be unnecessary to the Project. This accounting also includes additional costs from negotiated claim quantities and reimbursements from the contractor. The accounting in full was presented to the Contractor on March 12, 2025, for review and both the City and Contractor agreed to the credits and adjusted (claim) amounts as shown below.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
05 Partial Credit - Chain Link Fence Restoration at Demuth Park 192 LF ($13,151.31) 07 Partial Credit - Asphalt Sidewalk Restoration at Demuth Park 53 SF ($5,035.00) 32 Partial Credit - Asphalt Restoration at Palm Springs Stadium 634 SF ($22,190.00) 33 Partial Credit - Chain Link Fence Restoration at Palm Springs Stadium 46 LF ($3,151.00) 34 Partial Credit – W.I. Fence W/ Brick Posts Restoration at Palm Springs Stadium 28 LF ($14,000.00) Total Lump Sum Change Order Amount: ($57,527.31) CHANGES TO CONTRACT TIME:

The Contractor is not requesting any additional working days besides what was added through CCO No.1 There is currently a pause on work while crews are awaiting the delivery of switch gear to install at Demuth Park. The installation is anticipated to take up to 4-days. The pause will be lifted once the parts are on-site and the count towards working days will resume.

Source of Funds:

This CCO No.2 results in a credit towards the project. No additional funds are requested.

Summary of Costs:

Original Contract Amount: $4,974,788.05 Construction Start Date: 09/18/2023 Previous Change Orders:

$489,074.71 Previous Agreed Completion
Date:
08/28/2024
This Change Order Amount: ($57,527.31) Working Days Added: 0* Revised Contract Amount: $5,406,335.45 Revised Completion: 08/15/2025* (*) No additional working days are added, but there is currently a pause while the last piece of equipment is awaiting deliver to the site in August 2025.

SIGNATURES ON NEXT PAGE
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I have received a copy of this Change Order, and the above AGREED PRICES are acceptable.

Southern Contracting
Brett McBride, Project Manager Date
City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk Date

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CITY COUNCIL STAFF REPORT

DATE: M ARCH 27, 2025 CONSENT CALENDAR

SUBJECT: A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD -11) AT 1111 EAST PALM CANYON DRIVE, UNIT 321; AND ONE UNIT WITHIN THE COUNTRY CLUB ESTATES
HISTORIC DISTRICT (HD-9) AT 1983 SOUTH CAMINO REAL

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owner s of two separate historic site s. The i ntent of th ese contracts is to require maintenance and preservation of the designated sites in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1) Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 1111 E. Palm Canyon, Unit 321 (Ocotillo Lodge), APN: 511-035-066 B. 1983 S. Camino Real (Country Club Estates), APN: 511-150-009 2) Authorize the City Manager to execute the Agreements. 3) Direct the City Clerk to record the Agreements with the County of Riverside.

BUSINESS PRINCIPAL DISCLOSURES:

The applicants for each Mills Act Agreement are as follows:

1. Clifford Palmen tiero and Jaime Silvar (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 321.

2. Erdman/Merten Family Trust (along with Country Club Estates of Palm Springs Home Owners Association) for the condominium within the Country Club Estates Historic District at 1983 S. Camino Real.

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City Council Staff Report
March 27, 2025 -- Page 2
Mills Act Agreements

STAFF ANALYSIS:

The following chart lists the date and resolution number for each property designated by the City Council:

Address Historic Class Date of
Designation
City Council
Resolution
1111 E. Palm Canyon, Unit 321 Contributor in Historic District 05/23/2024 25210 1983 S. Camino Real Contributor in Historic District 04/25/2024 25197

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for the ongoing preservation and maintenance of the proper ty, specifically its historically significant elements and characteristics.

California Government Code Section 50280.1 denotes that properties are eligible for a Mills Act contract if listed in a state, city, or county official register of historic sites. All four properties were locally designated and listed on the local inventory of historic places and qualify to apply for a Mills Act Contract. The draft Historic Property Preservation Agreements for each property are included as Attachment D to this report and specify details regarding restoration and/or maintenance of the four historic properties.

Aerial maps showing the location and context of each property and photographs of the exterior elevation are included below.

AERIAL VIEW OF 11111 E. PALM CANYON, #321 EXTERIOR EL EVATION OF 1111 E. PALM CANYON, #321

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City Council Staff Report
March 27, 2025 -- Page 3
Mills Act Agreements

AERIAL VIEW OF 1983 S. CAMINO REAL EXTERIOR ELEVATION OF 1983 S. CAMINO REAL

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Maps for Each Property
B. City Council Resolution Nos. 25210 & 25197
C. Owner Letters and Disclosures
D. DRAFT Historic Property Preservation Agreements
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ATTACHMENT A

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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #154 – The Ocotillo Lodge
1111 E. Palm Canyon Drive, Unit # 321

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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #145 – Country Club Estates
1983 S. Camino Real

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ATTACHMENT B

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RESOLUTION NO. 25210

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE
"OCOTILLO LODGE" LOCATED AT 1111 EAST PALM
CANYON DRIVE, A HISTORIC DISTRICT (HSPB #154 / HD-
11), SUBJECT TO CONDITIONS (APNs 511-035-001
THROUGH 511-035-128).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Ocotillo Lodge Owners Association (OLOA), Represented by Chattel, Inc., submitted an application seeking historic site designation of the Ocotillo Lodge located at 1111 E. Palm Canyon Drive; and
C. WHEREAS, in May, 2024, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on May 7, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #154 / HD-11 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Ocotillo Lodge a Historic District; and
F. WHEREAS, on May 23, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #154 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HISTORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C, 1 ), the Item 1N - Page 9
Resolution No. 2521 O
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City Council shall evaluate the application and make findings in conformance with the following criteria:

1. Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:

The report identifies the exterior of Ocotillo Lodge as a largely intact example of a Mid Century Modern hotel, which has since been converted to a condominium complex.

Designed by Palmer and Krise!, the complex exhibits character-defining features of the Modern Movement through the use of site planning, building form and material selection, but it also visualizes the development trends of Palm Springs during that period. The report also references the landscape architect Garrett Eckbo and his contributions to the project.
(Criterion a) Is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a.

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(Criterion b) Is associated with the lives of persons who made a meaningful 1 contribution to national, state, or local history;
The report does not call out any individuals associated with the property who made any meaningful contribution to national, state, or local history. The site does not qualify under Criterion b.
(Criterion c) Reflects or exemplifies a particular period of national, state, or local history;
During the post-World War II period in Palm Springs, there was a growing demand for single-family residential homes and housing for seasonal residents. Local developers like the Alexander Construction Company developed residential tracts to meet this need, and the Ocotillo Lodge was constructed, in part, to house potential homebuyers while the homes were being built. The different unit types designed for the Ocotillo Lodge showcase the modern aesthetic that would mirror significant features in the homes that would be constructed in the Twin Palms tract. The units at the Ocotillo Lodge also catered to differing privacy and livability needs for both short and long-term visitors to the area. Staff finds the site qualifies as a historic resource under Criterion c by reflecting the local history of development and design shift in architectural style. (Criterion d) Embodies the distinctive characteristics of a type, period, or method of construction;
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Resolution No. 25210

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Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Conventional construction methods and materials were used to develop this complex. The HRR goes into detail regarding the use of steel I-beams for the lobby building (identified as Building 1A) to create the expansive wall of concave windows. While the use of the steel beams allowed the glass in the south elevation to be configured in a unique way and what was known as the "Candlewood Room" to slightly cantilever over the area containing the swimming pool, the invention and use of the steel I-beam for structural framing date further back than the 1950s. Staff finds the method and techniques used were not new to the period; therefore, contrary to the report, staff does not find the project qualifies for this.criterion. (Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; Architects Palmer and Krisel are credited for designing the Ocotillo Lodge and the prolific developers Alexander Construction built the complex. It was also noted in the report that the influential landscape architect Garrett Eckbo designed the original landscape features and that certain signature elements were considered physical representations of his theories. Each of the individuals that came together to design and develop this property have a level of influence in their respective fields, especially in the local context of Palm Springs. Their works are celebrated and continue to highly influence the field today.

Ocotillo Lodge is a rare example where these three highly regarded masters collaborated on a single project, thus staff finds the project qualifies under Criterion e. (Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The structures and features within the proposed boundaries of the district may not independently possess historic distinction, however, as a collective the proposed district embodies the development history of Palm Springs and how existing structures were adapted for the population growth of full-time residents and the architectural trends that appealed to the people during that time. Thus, the proposed district also qualifies under Criterion f.
(Criterion g) Has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART "C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis oflntegrity. (PSMC 8.05.090 (C,2). The site, structure, Item 1N - Page 11
Resolution No. 25210
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building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interiors Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 49 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The buildings, the configuration of parking, and open community spaces remain in their historic location, therefore, the proposed district retains its integrity of location.

2. Design:

The one and two-story structures are arranged on the site creating a hierarchy of buildings which seem to respond to the adjacent street conditions: the two-story building facing East Palm Canyon Drive and the clusters of one-story units face the neighborhood roads.

Vehicular circulation, including parking, is concentrated to the periphery of the site and the internal circulation consists of concrete pathways encouraging pedestrian use.

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The one-story units were arranged in two different clusters around the central open space I containing the keyhole-shaped pool. The report identifies the one-story clusters as "villa bungalows" and "courtyard bungalows". The "villa bungalows" comprise of 25 units and are arranged in a grid pattern, while the "courtyard bungalows" consist of 56 units that are clustered in a checkered pattern. The layout of the buildings allows for each unit to have their own private patio space and access to walkways that ultimately connect back to the central community space. The buildings all utilize a similar architectural language that exhibit modernism principles by using simple geometric forms, flat roots, exposed wooden beams, square concrete block walls, large expanses of glass walls, ribbon and/or clerestory windows, and simple line details with no ornamentation.

No original landscape files were found but the report confirms Garrett Eckbo's involvement in the project and credits the landscaping features around the main pool and the geometry of curves and angles found in the paving to him based on an interview with the architect. Other examples of his work help support this claim.

The building forms, the use of simple details and largely the site design are critical components of the design that largely remain; therefore, staff finds the design integrity is intact.

3. Setting:

According to the historic resources report, the property was constructed with an intent to I Item 1N - Page 12
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house potential buyers of single-family homes that were being built in the adjacent Twin Palms tract just north of the property. As seen in the historic aerial images from 1965 and 1972 (Attachment B of the HRR), the lots directly east and west of the property along E.

Palm Canyon Drive were vacant. Currently those areas are zoned with differing degrees of residential and commercial uses but the original setting between Ocotillo Lodge and the Twin Palms subdivision remains intact.

4. Materials:

The building materials consist of smo_oth plaster or stucco finished walls, T1-11 siding, masonry block walls, extruded wooden beams and fascia details, aluminum-framed windows and doors, and concrete pathways. It appears that some original exterior material was replaced and there are areas of deterioration that need to be addressed but a majority of the original material remains. The overall integrity of materials is intact.

5. Workmanship:

Conventional construction methods and building materials were used for this development. Readily available materials such as concrete blocks were used to reinforce clean lines and the extrusion of blocks on the screen walls created a decorative pattern to highlight certain areas. Various repairs and changes have been made to individual units over time, however, the overall aesthetic was respected and changes that are less sympathetic appear reversable. The use of concrete square blocks down to the fascia details demonstrates a level of attention to detail and workmanship by the original designers. Staff finds enough integrity of workmanship remains on site.

6. Feeling:

The original design focused on the pedestrian experience by leaving the vehicles behind and immersing the visitors/residents into a network of walkable concreate paths. Each unit retains private courtyard spaces, and the main swimming pool retains its focal presence on the site ·as a space for community gathering. The feeling of leisure desert retreat remains on the site because all the private and communal spaces remain in their original configuration; therefore, staff finds the integrity of feeling remains intact.

7. Association:

The existing condition of the property maintains a physically recognizable association with the post World War II development in Palm Springs and the major design components of the site design and individual buildings are closely associated with the architects Palmer, Krisel and Eckbo. The integrity of association remains intact.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that Item 1N - Page 13
Resolution No. 25210
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contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but I which may create a false sense of historicity. Distinguishing original character-defining features from non-origir:ial elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features listed below and more clearly referenced in Exhibit A:
• Site design and building cluster configurations on the lot around the central focal point of the main swimming pool shaped like a keyhole
• Internal network of concrete pathways including the curved and angular geometry of the pavement credited to Garrett Eckbo
• Parking and vehicular circulation configuration around the perimeter of the property.
• One and two-story horizontal massing and simple geometric forms • Grid-like layout or clustered units arranged around the swimming pool and articulated by four-unit bungalows
• Keyhole-shaped pool within the open community space south of the lobby building
• Painted masonry block screen walls with articulation on the north (front) and south (rear) elevations of the lobby building (identified as Building 1A in the HRR) • Distinctive semi-circular plan and concave windows in the "Candlewood Room" (identified as the south portion of Building 1A in the HRR) • Monumental porte cochere entry with restored Ocotillo Lodge signage (excluding the square notched archway in the porte cochere)
• Flat roofs that have wide overhanging eaves and cantilevered canopies • Fascia details that hide the electrical conduit
• Expressed post-and-beam construction using wood and steel members • Interior/exterior connections expressed through glass walls, the continuation of exposed beams and tongue-and-groove ceiling details to the exterior • Integration of private patios and semi-private decks for each unit • Unadorned smooth plaster or stucco-finished wall surfaces • Square concrete block walls in a stack bond pattern
• Flush-mounted aluminum-framed ribbon windows, clerestory windows, and glass sliding doors that span from floor to ceiling
• "Sun flap" of suspended concrete panels shading concave curtain wall • T1-11 wood siding on storage spaces and patio dividers for second floor units • Exposed pebble aggregate concrete stair treads in steel pipe column stairwells leading to the second floor units
• Glass walls incorporating sliding glass doors
• Glass walls with double glass doors at porte cochere wall of lobby • Landscape design features around the main pool by Garrett Eckbo and tall Washingtonia palms throughoutthe complex
• Curved cabana and restroom structure with trellis south of the keyhole-shaped I
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pool designed by Garrett Eckbo (removed)
Non-contributing elements:
• Pool fencing installed around the keyhole-shaped swimming pool • Metal security gates at various entry points to the site • Metal screen security doors in front of entry doors on the units facing East Twin Palms Drive
• Metal mesh screening on stair railings
• Metal fence along the curved strip of grass where the original curved cabana/trellis was located south of the keyhole-shaped pool
• Glass blocks in original clerestory openings
· • Roof-mounted mechanical equipment and accompanying ductwork • Sunshine Bar (identified as Building 5 in the HRR) added in 1973 and detached barbecue added in 1994
• One-story conference room (identified as Building 4 in the HRR) east of the Sunshine bar (Building 5)
• Two non-original spas located northwest and directly east of the keyhole shaped swimming pool
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District- Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for Item 1N - Page 15
Resolution No. 252 10

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recordation within 90 days of the effective date of the Council's resolution .

The following Specific Conditions of Approval shall apply to the Ocotillo Lodge Historic District:

1. Design Guidelines. The property owners in the proposed historic district shall submit design guidelines as outlined in Section 8.05 for review and approval by the City's HPO.

2. Review of future Certificates of Appropriateness ("C of A"). Alterations to buildings , structure , objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8.05.120 (E), including consistency with the Design Guideli nes.

Based upon the foregoing , the City Counci l designates "Ocotill o Lodge" located at 1111 East Palm Canyon Drive, a Historic District HSPB #154 / HD-11 .

ADOPTED THIS 23RD DAY OF MAY 2024.

ATTEST:

Bt~e,k
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Resolution No. 25210

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25210 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein None
Mayor Pro Tern deHarte
None
IN WITNESS WHEREOF, I have herejp~set my hand and affixed the official seal of the City of Palm Springs, California, this day of June 2024. dt;~
BreftdaPree, MMC, CERA, City Clerk
City of Palm Springs
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RESOLUTION NO. 25197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING "THE
COUNTRY CLUB ESTATES" LOCATED AT SOUTH

CAMINO REAL AND EAST LA VERNE WAY, A HISTORIC
DISTRICT, (HSPB #145 / HD-9), SUBJECT TO
CONDITIONS, MASTER APN# 511-150-031.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Country Club Estates of Palm Springs Homeowners' Association, Represented by the Palm Springs Preservation Foundation, submitted an application seeking Historic District designation of the Country Club Estates located at South Camino Real and East La Verne Way; and
C. WHEREAS, on October 9, October 21 and November 3, 2022 the City's Historic Preservation Officer ("HPO") Ken Lyon attended video-conference meetings with property owners within the proposed historic district as required by the City's Historic Preservation Ordinance; and
D. · WHEREAS, on August 16th and August 30th, 2023, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic district, accompanied by City staff; and
E. WHEREAS, on September 5, 2023, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #145 / HD-9 was held in accordance with applicable law; and
F. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Country Club Estates as a Historic District ; and
G. WHEREAS, on April 25, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #145 was held in accordance with applicable law; and
H. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

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Resolution No. 25197
Page2 of7
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS -RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HSITORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C, 1), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of a Historic District, provided the following findings are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The report identifies Country Club Estates as an exceptional example of a mid-century modern garden apartment for multi-family residential use. Master architect A. Quincy Jones was the lead architect for the project; however, the Jones & Emmons firm is given credit for the design. A strong association to a particular period of Palm Springs history and a high level of design integrity are present on this property. (Criterion a) Is associated with events that have made a meaningful contribution to the nation, state or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a. · (Criterion b) Is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report does not call out any individuals associated with the property who made any meaningful contribution to national, state, or local history. The site does not qualify under Criterion b.
(Criterion c) Reflects or exemplifies a particular period of national, state or local history;
During the post-World War II period in Palm Springs, there was a growing demand for multi-family residential units with ownership options. A place that was a tourist destination for the wealthy was now experiencing a population growth of the upper-middle class and the middle-class following World War 11. As part of this shift, new housing typologies such as garden apartments, low-rise multi-family development and condominiums began to emerge. From a planning standpoint, the increased popularity of condominiums as a residential use with amenities started to change the urban fabric of development.

Concurrently, designers were experimenting with Modernist ideas and implementing them to address the need for housing. Utilitarian building materials were used to create a I
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Resolution No. 25197

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clean aesthetic for this multi-family residential project which exemplifies the post-World War.II period in Palm Springs; therefore, staff finds the site qualifies as a historic resource under Criterion c.
(Criterion d) Embodies the distinctive characteristics of a type, period or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Conventional construction methods and materials were used to develop this complex. The honesty of materials is celebrated but no new construction methods or techniques· were utilized for this project; therefore, contrary to the report, staff finds the project does not qualify for this criterion.
(Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high arlistic value;
Architect A. Quincy Jones is recognized as the principal architect for the Country Club Estates. His partnership with Emmons was formed in 1950 and their design firm produced a variety of award-winning projects for the next 20 years .. Locally, A. Quincy Jones is known for designing "Sunnylands" and the Annenberg Estate in Rancho Mirage. As a master architect who greatly influenced the Modernist movement in California, A. Quincy Jones successfully influenced his peers through his work. His use of ordinary materials and the subtle integration of light and air at the Country Club Estates exemplifies his mastery of Modernist design principals, thus staff finds the project qualifies under Criterion e.
(Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
No information has been provided that the resource qualifies under Criterion f. (Criterion g) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART "C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis oflnteqritv. (PSMC 8.05.090 (C,2). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, Item 1N - Page 20
Resolution No. 25197
Page4 of7
materials, workmanship, location, setting, feeling, or association. "Country Club Estates" is evaluated as a historic district in terms of its historic integrity as follows:

Location.

All individual buildings and open spaces remain in the original location of construction, therefore, retains its integrity of location.

Design.

There is a large emphasis on the site plan and layout of the individual buildings on the triangularly shaped lot to create a functional and welcoming environment for the residents.

The low, horizontal massing helps frame the surrounding mountain views, and the honest use of conventional building materials reflect the Modernist design aesthetic. Building materials like the concrete blocks served both a practical and decorative propose.

Internalized atriums with full-length walls of glass in each unit brought light and the outdoors into the space. This feature was described as an outdoor garden inside your home. Carports were located near the entrance of each unit continuing the use of the square concrete blocks. This utilitarian space was well integrated into the design of each entrance. The design intent created by the architect remains virtually unchanged, therefore, the design integrity is intact.

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S~ng. I
The site plan and placement of the individual buildings create an internal open space for , recreation activities. While the surrounding context has evolved overtime, the original site plan and scale of the project remains consistent, therefore, the integrity of setting is intact.

Materials.

The exterior building materials consist of masonry walls with a smooth Portland cement finish, concrete blocks, and fenestration with thin aluminum frames. Conventional building materials are composed in a way that prevents visual monotony. The original selection of materials remains the same. The overall integrity of materials is intact.

Workmanship.

Conventional construction methods and building materials were used, but the application of the materials and use of form shows a clear aesthetic. Simple clean lines indicate a level of workmanship that values attention to detail.

Feeling.

Minimal changes were made to the physical site and the building layout remains unchanged. The character defining features on each building have been retained, and the complex continues to be used as a multi-family residential development. Staff finds the feeling of the site remains intact.

Association. I
The property maintains most of its original detailing and layout on the site. Its association Item 1N - Page 21
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Resolution No. 25197

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to the architect A. Quincy Jones is apparent because original design details like the low, horizontal fascia and the openings for light and air valued by the California Modernist architects are maintained.

The City Council made findings for Historic Integrity for the site to qualify as a Historic District.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids staff and HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features of the resource are as follows:
• Nine buildings composed of 2-units and 4-units emphasizing horizontal massing, flat rooflines, continuous fascia detail extending the entire fac;:ade and decorative use of concrete blocks.
• Internal atrium inside each unit.
• Recessed entry with louvered openings in the roof, planting beds, and a staggered concrete paver walkway.
• Open carport design integrating concrete blocks as walls and pillars. • Narrow aluminum window frames and floor to ceiling glazing on the walls facing the garden patio.
• Garden patio framed with concrete winged block walls. • Entry door configuration and side window with bottle glass and diamond pane patterns. Doorknob and escutcheon positioned on raised cross panel and original unit numbers above the doorknob.
• Original swimming pool and adjacent spa tub from 1965. • Site design including but not limited to the community open space at the center of the property and milk-glass globe streetlamps along the broomed concrete walkways, and buffer green space.

Non-contributing elements:
• Pool fencing which was installed to comply with building safety requirements and regulations.
• Roller shading devices and awnings installed on the soffit to cover rear patios. • Garage doors and walls enclosing the original carport design. • Large bronze address numbers on the carport columns.
• Rooftop mechanical equipment and duct work.
• Photovoltaic panels mounted on the roof.
• Metal security doors in front of the original entrance doors.

Item 1N - Page 22
Resolution No. 25197
Page6 of?
• Gutters and downspouts.
• Enclosed interior atrium.
• Non-original signage for the complex.
• Non-historic round globe streetlamps located along the street.

SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level. I

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District- Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

The following Specific Conditions of Approval shall apply to the Country Club Estates Historic District:

1. Review of future Certificates of Appropriateness ("C of A"). Alterations to buildings, structure, objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8,05.120 (E), including consistency with the Design Guidelines.

Based upon the foregoing, the City Council designates "The Country Club Estates" located at South Camino Real and East La Verne Way, a Historic District HSPB #145 / HD-9.

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Resolution No. 25197

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ADOPTED THIS 25TH DAY OF APRIL 2024 .

ATTEST :

Bfenda Pree, City Clerk

STATE OF CALIFORN IA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)
Scott C. Stiles , City Manager

CERT IFICATION
ss.

I, BRENDA PREE , City Clerk of the City of Palm Springs , hereby certify that Resolution No. 25194 is a full , true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on Apri l 25, 2024 , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and Mayor Bernstein
None
None
None
IN WITN ESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California , this I .P..\\3 day of June 2024. renda Pree, "' MC, CERA, City Clerk
City of Palm Springs

ATTACHMENT C

Item 1N - Page 24
Item 1N - Page 25

CLIFF PALMENTIERO & JAIME SIL VAR

OCO I I I I O I ODGL
1111 L1\SI l'\IMC\NYONDRIVr
UNIT 321
PAI l'v1 SPRl\lCS, C \ 92264
Cliff..:..P.ilmentieroiJ• me.co.m 626 241 5796
June 21, 2024
TO: City of Palm Springs, CA
RE: Mills Act Request
To Whom It May Concern,
We recently were very excited to attend the Palm Springs City Hall assembly when Ocotillo Lodge was named a Historic Location. As such, Cliff Palmentiero and my Husband, Jaime Si Ivar, joint owners of unit 321, are requesting tax relief under the Mills Act unit 321. This relief will further enable us to reinvest into the exterior and interior of this unit to maintain and restore its 1957 characteristics.

I, Cliff Palmentiero and my Husband, Jaime Silvar, formally request application of The Mills Act, and agree to abide by all the rules and regulations.

Cliff Palmentieroo/~&,./4
Jaime Silvar ___ f{~..,.,,.,~.,,,~"":...:.....:..-----Date Item 1N - Page 26
O ~ Premier
Community
~Association
Management
A OMIMift et IYdl. Reynolds Corpefltl•
June17,2024
To: City of Palm Springs
Re: Mills Act
To Whom It May Concern,
Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #321, Palm Springs, CA 92264. The Association is committed to the preservation of the Association's historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
~~
Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association
Board of Directors
40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449

October 6, 2024

Sarah Yoon
Department of Planning Services
City of Palm Springs 3200 E Tahquitz Canyon Way
Palm Springs, CA 92262

Dear Ms. Yoon,

We are the owners of 1983 S Camino Real in Palm Springs (Parcel Number 511150009) which is located in the Country Club Estates of Palm Springs historic district. Country Club Estates of Palm Springs received its historic status at the City Council meeting on April 25, 2024.

We are writing today to apply for the Mills Act Tax Abatement Program. Enclosed is our check for the application fee of $1,355.00.

Through the Mills Act economic incentives, we look forward to performing ongoing maintenance, restoration, and preservation of our historic A. Quincy Jones midcentury property.

We have also enclosed this letter of intent signed by the HOA's president. Because the HOA and homeowners are jointly responsible for the maintenance of units and complex, it is the HOA's intent to be a party to the Mills Act contract.

If you have any questions or need additional information, you may contact us via email at [email protected] or [email protected] , or by cell phone at 650-619-8397 (Greg) or 650 619-5767 (Scott).

Thank you for your help in this process.

Greg Merten
Scott Erdman
Owners, 1983 S Camino Real

Item 1N - Page 27
/
d?r!Jz
..5?~iCMZ.

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity

 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

Erdman/Merten Family Trust
1983 S Camino Real, Palm Springs, CA 92264
■
Scott Erdman
■
Gregory Merten
■
California
Item 1N - Page 28

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity
and name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Scott Erdman
Scott Erdman 50%
Gregory Merten 50%
August 1, 2024
Item 1N - Page 29
1/~~
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Country Club Estates of Palm Springs
Home Owners Associa;on
Palm Springs, CA 92264

October 6, 2024

City of Palm Springs
Planning Department Services
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262

Dear Sir/Madam:

Please accept this leNer of intent on behalf of Country Club Estates of Palm Springs Homeowners Associa;on to enter into a Mills Act Contract with the City of Palm Springs and ScoN Erdman and Greg Merten, owners of 1983 S Camino Real, Palm Springs, CA 92262.

Sincerely,

Country Club Estates of Palm Springs HOA

Greg Merten
President
Item 1N - Page 30
ATT

ACHMENT D
Item 1N - Page 31
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________
, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Clifford L. Palmentiero and Jaime Silvar ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECI
TALS:

A. Cali
fornia Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. T
he Ow
ner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 3 21, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. T
he HO
A and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On M ay
23, 20 24 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. T he Ci
ty, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 32
2 AGREEMENT
NOW, THEREFORE, the City, the Owner, and the HOA, i n consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence
on ________________, 2025 ("Effective Date") and shall remain in effect for
a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner
Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. M
aint
enance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1N - Page 33

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1N - Page 34

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1N - Page 35

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Clifford L. Palmentiero and Jaime Silvar
1111 E. Palm Canyon Drive, #321
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1N - Page 36

6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1N - Page 37

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 38

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Owner: Clifford L. Palmentiero

Dated:_________________________ By:_______________________________ Owner: Jaime Silvar

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association

Item 1N - Page 39

9 Item 1N - Page 40

AC KNOWLEDGM EINT
A no ry public or other ofiioe :r ,oompletillQI tt, i,s cerl i-ca e verifies only lhe iclenlity of the i divooual o siglled e docume;nt which tttis ,certifica te is aHached . and not ihe trut h.rul'ness. acc uracy , or va~d'iiy ,of lhat documellt.

State of California
County of __________ _
On ______ before me, _ ____________________ •
{here insert name and title of the officer )
persona lly appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the witl1in instrument and acknowledged to me that he/she/they executed the same iin h is/her/their aut11orized capac1ity(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.

I certify under PENALTY OF PERJU RY under the laws of the State of Caliliomia that the foregoing paragraph is true and correct.

WITNESS my hand and offiiciial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

A CONDOMINIUM COMPRISED OF:

PARCEL 1:

A.) UNIT NO. 321, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA, AS SHOWN AND DESCRIBED IN THE
CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

AND FURTHER DESCRIBED IN THE DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF

CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT
CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 95-239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

B.) AN UNDIVIDED 1/127
THS INTEREST IN AND TO LOT 1 OF TRACT NO. 28063,
AS SHOWN BY MAP ON FILE IN BOOK 254 PAGE(S) 50 AND 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT “EXCLUSIVE USE COMMON AREAS” SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1 ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-066

Item 1N - Page 41

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1N - Page 42

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 43

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Repair and maintain irrigation in the small garden space adjacent to the front door. Update and maintain period appropriate plants. Estimated completion date: 2025-2026.

2. Repair irrigation in garden space at left of gate 5 near the front door, repairing lighting and install and maintain period plants. Estimated completion date:
2025-2026.

3. Re pair or restore exterior door hardware to match historic hardware for the front door. Estimated completion date: 2025-2026.

4. Repair outdoor deck fencing entrance door and loose rotted fence planks.

Estimated completion date: 2026-2027.

5. Maintain existing palm tree on exterior patio and update planting on non- cement areas on deck to represent original designs. Estimated completion date: 2026-2027.

6. Restoration of sliding tracks of all opening glass doors. Estimated completion date: 2026-2027.

7. Maintain all exterior paint including restored door and trim and color matches.

Estimated completion date: 2026-2027.

8. Replacement of roof top air conditioning equipment. Estimated completion date: 2030-2032.

Item 1N - Page 44

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Erdman/Merten Family Trust ("Owner") and Country Club Estates of Palm Springs Home Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1983 S. Camino Real , Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On April 25 , 20 24 (the "Approval Date"), the City Council approved Resolution 25197 establishing the subject property as a contributing structure in the Country Club Estates Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 45

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________________, 2025 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

Item 1N - Page 46

7. Breach of Agreement; Remedies.

Upon the City Manager’s declaration of the
Item 1N - Page 47

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Erdman/Merten Family Trust
Scott Erdman and Gregory Merten (Members)
1983 S. Camino Real
Palm Springs, CA 92264

HOA: Country Club Estates of Palm Springs Homeowners Association Greg Merten, President
1983 S. Camino Real
Palm Springs, CA 92264

6 or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

Item 1N - Page 50

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 51

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Member: Clifford L. Palmentiero
Erdman/Merten Family Trust

Dated:_________________________ By:_______________________________ Member: Gregory Merten
Erdman/Merten Family Trust

Dated:_________________________ By:_______________________________ President: Greg Merten
Country Club Estates of Palm Springs
Homeowners Association

Item 1N - Page 52

9 Item 1N - Page 53

AC KNOWLEDGM EINT
A nolar/ pu tllic or ot ~ r offioe :r comp le~ng1 tti is cert i~ca!e verifies only · e · den~ly of the individu al who signed e d.ooome;nt to which this ,certifi:cate i.s aHa.c~ d. and not !he tru tltrutness. acc uracy , or va~d'ity ,of · at document.

State of California
County of __________ _
On _______ before me, _ _____________________ •
(here insert name and title of the officer )
personally appeared ________________________ _
- --------------------------------- ·
Who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the wit11in instrument and acknowledged 1o me that he/she/they executed the same in his/her/their autllonized capaciity(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.

I certify under PENALTY OF PERJURY under the laws oft11e State of California that tile foregoing pamgraph is true and correct.

WITNESS my hand and offic1ial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

PARCEL 1: LOT 9 OF TRACT NO. 2972, AS SHOWN BY MAP ON FILE IN BOOK 52 PAGES 66 THROUGH 70 OF MAPS, RECORDS OF RIVERSIDE COUNTY,

CALIFORNIA

PARCEL 1A: AN UNDIVIDED 1/30
TH INTEREST IN LOT 31 OF TRACT 2972, AS
SHOWN BY MAP ON FILE IN BOOK 52 PAGES 66 THROUGH 70 OF MAPS,

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA

MORE COMMONLY KNOWN AS: 1983 SOUTH CAMINO REAL, PALM SPRINGS, CALIFORNIA 92264

ASSESSOR’S PARCEL NUMBER: 511-150-009-8

Item 1N - Page 54

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

Item 1N - Page 55

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 56

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. R oof replacement of unit. Estimated cost: $10,000. Estimated completion date: 2024.

2. Window replacement for unit to match original windows. Estimated cost:
$45,000. Estimated completion date: 2024.

3. Replace existing entry glass to match original coke bottle glass. Estimated cost: 1,500. Estimated completion date: 2026

4. Restoration of historic monument sign. Estimated completion date: 2026.

5. Restoration of patio rafters in entrance of courtyards for two-plex units.

Estimated completion date: 2028

6. Historic paint analysis and repaint of complex. Estimated completion date:
2033.

7. Replacement of front entrance doors, hardware, and door numbers on glass in accordance with approved historic standards. Estimated completion date:

TBD.

Item 1N - Page 57

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. _____ WITH GOLDEN VOICE , LLC FOR TERMINAL BUILDING

SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve the Non -Exclusive Operating and Lease Agreement (“Agreement”) with Golden Voice , LLC , to promote, market, and sell Coachella merchandise inside the Terminal Building at the Palm Springs International Airport (“Airport”).

RECOMMENDATION:

1. Approve Non-Exclusive Operating and Lease Agreement No. _____ with Golden Voice, LLC (Attachment A), consisting of a one -month term, from April 1, 2025, to April 30, 2025, generating a monthly space rent of $6,430.27 and commercial service fee of 20% of gross merchandise sales.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Golden Voice, LLC is a limited liability company registered in the state of California. The Public Integrity Disclosure form will be provided to the Office of the City Clerk prior to the March 27, 2025 City Council Meeting.

BACKGROUND:

In 2020, the Airport close d certain facilities due to the Covid Pandemic. The Bistro Restaurant, also known as the Cocktail Lounge, was one of the facilities closed, in order to comply with State and local Health and Safety directives. The approximate 580 square feet of Terminal Building space has remained unoccupied since and has not generated revenue since 2020.

Item 1O - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
Non-Exclusive Operating and Lease Agreement with Golden Voice, LLC

Terminal Building space leased for aeronautical and non-aeronautical purposes at the Airport has a rental rate of $133.04 per square foot. Consequently, this space could potentially generate up to $77,163 a year.

STAFF ANALYSIS:

On June 13, 2022, a request for proposal (RFP 10-22) was initiated by the City’s Procurement & Contracting Department for five opportunities for concessions . On December 5, 2022, the City Council approved two (2) ten-year concession agreements for retail and food & beverage services with WHSmith and Paradies Lagardere, respectively. Of the five opportunities, blank slate no. 2, located pre -security, received two proposals; however, the proposals were not selected because they did not meet the goals and objectives of RFP 10-22. The Airport subsequently offered blank slate no. 2 to the two master concessionaire s. Both concessionaires proposed a coffee shop. After negotiations with WHSmith, they agreed to modify the original proposal of an automated vending space located pre-security, to offer a fully staffed coffee shop; The Pink Door.

Both Concessionaires offered a percentage of gross sales to the Airport as a part of their proposal.

Space used for food and beverages generates rent of 1 2% of gross sales of food and non-alcoholic beverages. Sales of alcohol generate 15% of gross sales as rent. These sales are also governed by a Minimum Annual Guarantee (“MAG”).

Spaced used for retail generates rent of 20% of gross sales of merchandise, including a MAG.

Apart from the concessions agreements, any space used for office or storage generates revenues of only a per square footage rate, the least preferable of the three options in using Terminal Building space for revenue generation.

To maximize the revenue generation potential of space at the Airport, it would be preferable to use space for retail , which generates rent of 20% of gross sales of merchandise, plus a MAG.

The Airport was approached by Golden Voice , LLC in February 2025 regarding their potential use of space in the Terminal Building that could be used for promotion, marketing, and sales activities. The original RFP 10 -22 had three blank slate opportunities; two that required the sites to be built out with electrical and infrastructure, while the third was the former Bistro Restaurant / Cocktail Lounge located indoors with existing utilities.

The best option for Golden Voice, LLC is to repurpose the former Bistro Restaurant/ Cocktail Lounge as retail space as depicted in the images below.

Item 1O - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Non-Exclusive Operating and Lease Agreement with Golden Voice, LLC Given the short duration of time the space will be used, the Airport offered the space for one-month of rent and a commercial service fee of 20% of gross merchandise sales.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above -mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1D, Economic Development as well as the Airport’s Strategic Plan Priority 2 – Goal 2 : Deliver an Unforgettable Guest Experience.

FISCAL IMPACT:

Based upon the space leased by Golden Voice, LLC in the Terminal Building for the period of one -month, t he $6,430.27 rent collected will be credited to Airport Fund 415.38105 – Non-Airline Terminal Rent Fee – for Fiscal Year 2025. This rent will serv e as a Minimum Revenue Guarantee and will be credited towards the commercial service fee.

Item 1O - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
Non-Exclusive Operating and Lease Agreement with Golden Voice, LLC

There will be an expense of approximately $5,000 to the Airport to re-install electrical that was removed when the Las Casuelas / Coachella Valley Coffee concessions were improved.

In addition to the rent for the Terminal Building space, Golden Voice, LLC is required to pay a commercial service fee of 20% of gross sales of merchandise. Golden Voice, LLC estimates gross sales of $ 40,000 during the period of the Coachella music festival. The estimated commercial service fee on gross sales will generate $ 8,000 in revenues that will be credited to Airport Fund 415.38135 – Commercial Service Fees – for Fiscal Year 2025. Should the gross sales fall short of Golden Voices, LLC estimates, the Airport will at least collect the Minimum Revenue Guarantee as mentioned above.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

City Attorney: Oscar A. Verdugo
City Manager: Scott Stiles

ATTACHMENTS:

A. Airport Non-Exclusive Operating Lease Agreement Golden Voice, LLC

Item 1O - Page 4

ATTACHMENT A

LEASE AGREEMENT
Item 1O - Page 5
1 GOL

DEN VOICE LLC

NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT

FOR TERMINAL USE SPACE AT

PALM SPRINGS INTERNATIONAL AIRPORT
THIS LEASE (“Lease”) i s made and entered into this 1st day of April, 2025, by and between the CITY OF PALM SPRINGS, a municipal corporation (“Lessor”), and Golden Voice LLC, a limited liability company (“Lessee”). City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.” R E C I T A L S:

A. Lessor
desires to lease terminal use space at Palm Springs International Airport (“Airport”) to operate a Commercial Aeronautical Activity, which services includes promotion of local events and sales of event merchandise.

B. City believes that the travelers using the City’s airport terminal would benefit from these community related activities.

NOW THEREFORE, City and Lessee mutually agree as follows:

AGREEMENT

1.0 LEA
SE SUMMARY. Certain fundamental lease provisions are presented in this Section and represent the agreement of the parties hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear.

1.1 Demi
sed Premises . The “Demised Premises ” shall refer to that certain property consisting of 580 square feet of retail space located in the Palm Springs International Airport Terminal Building and particularly described in Exhibit “A” attached hereto.

1.2 Le ase Term. The term of this lease shall commence on April 1, 2025 and shall terminate on April 30, 2025.

1.3 R eserved.

1.4 Leas e Rental Payments. The rent for the Demised Premises is at a Rate of $133.04 per square foot per annum for retail space, paid in monthly increments of $6,430.27 due on the first day of each month . In consideration for permitting Lessee the right to sell community event merchandise during the lease term and only within the Item 1O - Page 6
2 Demised Premises . Lessee shall remit to Lessor a commercial service fee of 20% of gross sales. Remittance shall be due by the fifteenth (15th) day of the month following the last month of the Lease term. Lessee shall furnish Lessor a report showing a summary of transactions by merchandise inventory number, also known as a SKU.

1. 5 Extension Options. Extension options in this lease as noted in Section

1.3. 1.6 Security Deposit. N/A

1.7 Use of Premises. Lessee shall use and occupy the Premises for the purpose of promotion of local events and sales of event merchandise related to the Commercial Aeronautical and community related activities only.

Les
sor: City of Palm Springs
Attn: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Cc: Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262

2.0 TERM

2.1 Term. The term of this Lease shall commence on the date specified in Section 1.2 (“Commencement Date”) and shall continue for the period specified therein unless earlier terminated as provided herein.

2.2 Reserved.

2.3 Time. Time is of the essence of this Lease.

2.4 Force Majeure. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides the other party written notice of such event within ten (10) days of the commencement of the prompt payment of any rental or other charge required of Lessee hereunder except as may be expressly provided elsewhere in this Lease.

2.5 Te
rmination by Lessor. Lessor shall have the right to terminate this Lease by providing Lessee with at least thirty (30) days advance written notice. If Lessor terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor , including, but not limited to, the value of Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

Item 1O - Page 7
3 2.6 Holding Over. Any holding over with the consent of Lessor, express or implied, shall be construed to be a tenancy from month- to-month, cancelable upon thirty (30) days’ written notice, and at a monthly rental equal to one hundred and fifty percent (150%) of the monthly rental in effect at the expiration of the contract services agreement.

2.7 Te
rmination by Lessee. Lessee shall have the right to terminate this Lease by providing Lessor with at least thirty (30) days advance written notice. If Lessee terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor, including, but not limited to, the unamortized value of Lessee’s leasehold improvements, Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

3 .0 RENTAL

3.1 M onthly Rental . Lessee shall pay to Lessor, during the term of this Lease from and after the Commencement Date, as monthly rental (“Monthly Rental”) for the Premises the sum specified in Section 1.4 hereof, which sum shall be paid in advance on the first day of each calendar month. In the event the Commencement Date does not occur on the first day of a calendar month, the Lessee shall pay the rental for the fractional month on the Commencement Date on a per diem basis calculated on a thirty (30) day month. All rental to be paid by Lessee to Lessor shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, at the address designated in Section 1.7 hereof.

3.2 Rental A
djustment. Rental adjustment are as specified in Section

1.4. 3.3 Additional Rental . F or the purposes of this Lease, all monetary obligations of Lessee under this Lease, including but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental.

3.4 Real Property Taxes.

Unless Lessee qualifies for an exemption, in
addition to all rentals herein reserved, Lessee shall pay, at the election of Lessor , either directly to the taxing authority or to Lessor , annual real estate taxes and assessments levied upon the Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes. Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Lessor receives the tax bill, ten (10) days after receipt of a copy of the tax bill from Lessor , whichever is later. Even though the term of this Lease has expired and Lessee has vacated the Premises, when the final determination is made of Lessee’s share of such taxes and assessments, Lessee shall immediately pay to Lessor the amount of any additional sum owed.

3.5 Personal Property Taxes.

Unless Lessee qualifies for an exemption
from property taxes or possessory interest taxes due to its non- profit status, during the term hereof, Lessee shall pay, prior to delinquency all taxes assessed against and levied Item 1O - Page 8
4 upon fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises, and when possible Lessee shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Lessor.

3.6 Ut ilities . All cost of water, gas, heat, electricity, and sewer services used in, upon, or about the Demised Premises shall be paid by the City. Lessee shall pay all telephone, internet, cable television, satellite, broadband and other telecommunications services.

3.7 Late Payment. Les
see hereby acknowledges that late payment by
Lessee to Lessor of rental or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges.

Accordingly, any payment of any sum to be paid by Lessee not paid within ten (10) days of its due date , shall be subject to a five percent (5%) late charge. Lessor and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Lessor for its loss suffered by such late payment by Lessee.

Sixty (60) days before the anniversary date each year the City shall notify the Lessee of any outstanding delinquency, which must be cured prior to the anniversary date or the City may exercise its right of termination under section 2.5 and terminate the lease.

3.8 Interest.

Any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period, so long as the rate does not exceed the maximum non- usurious rate permitted by law in which case interest shall be at the maximum non- usurious rate allowed by law at the time the sum became due.

4 .0 USE OF THE PREMISES

4.1 P ermitted Use . The Lessor hereby leases to Lessee and Lessee leases from Lessor the Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section 1.7 of this Lease and for no other use. No signs posters or similar devices shall be erected, displayed or maintained by the Lessee in view of the general public without advance written notice of the Airport Executive Director.

4.2 Prohibited Use. The operations of the L essee shall be conducted in an orderly and proper manner and so as not to annoy, disturb, or be offensive to others at the Airport. No solicitation of the public is allowed. Tenant shall provide uniforms and its employees shall wear badges or other means of identification.

4.3 Compliance with Laws.

Lessee shall, at his own cost and expense,
comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Lessee’s violation of law Item 1O - Page 9
5 shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, whether Lessor is a party thereto or not, that Lessee has violated any such order or statute in said use, shall be conclusive of that fact as between the Lessor and Lessee.

Lessee shall not engage in any activity on or about the Premises that violates any Environmental Law, and shall promptly, at Lessee s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean- up and removal of any contamination involving any Hazardous Material created or caused directly or indirect ly by Lessee. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Demised Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C.

Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health an d Safety Code Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto.

The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Lessee shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. Lessee shall provide prompt written notice to Lessor of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Lessee.

4.4 O
perations for the benefit of Public. Lessee agrees to operate the Demised Premises for the use and benefit of the Public, to make available all Lessee facilities to the public, without discrimination on the grounds of sex, race, color, or national origin.

4.5 P ubli
c Facilities, Ingress, Egress and Quiet Enjoyment. City agrees that Lessee, upon payment of the rental hereunder and performing the covenants of the Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease, and that Tenant shall have the non-exclusive right to use, in common with others, the public at the Airport and Tenant shall have a reasonable right of ingress and egress from the Demised Premises and the public facilities for its employees, visitors and customers.

Item 1O - Page 10
6 4.7 H ours of Business . Subject to the provisions of Section 7.0 hereof, Lessee shall continuously during the entire term hereof conduct and carry on Lessee’ s business in the Premises and shall keep the Premises open for business and cause Lessee’s business to be conducted therein during the Lessee ’s usual business hours of each and every business day.

5.0 ALTERATIONS AND REPAIRS

5.1 A lterations and Fixtures . Lessee shall not make, or suffer to be made, any alterations to the Premises, or any part thereof, without the prior written consent of Lessor . Construction Plans or detailed plans with scope of work shall be submitted to the Airport for initial review of proposed alteration. A ny alterations to the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and shall at the expiration or earlier termination of this Lease belong to Lessor.

Lessee shall not in any event make any changes to the exterior of the Premises. Any such alterations shall be in conformance with the requirements of City design and construction standards and all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees or the public and in conformance with reasonable rules and regulations of Lessor. Any damage occasioned by such removal shall be repaired at Lessee's expense so that the Premises can be surrendered in a good, clean and sanitary condition as required by Section 5.2 hereof. Any and all fixtures and appurtenances installed by Lessee shall conform with the requirements of all municipal, state, federal, and governmental authorities, including requirements pertaining to the health, welfare, or safety of employees or the public. Upon completion of construction of the alterations, Lessee shall submit to Lessor evidence satisfactory to Lessor of the cost of said alterations ("Improvement Costs"). In the event the Lessor, at the request of the Lessee and at its sole discretion, incurs costs related to the financing, construction, improvements, and alterations of its leasehold, such costs shall be reimbursable by the Lessee.

5.2 Maintenance and Repair . L
essee shall, subject to Lessor 's
obligations hereinafter provided, at all times during the term hereof, and at Lessee's expense, keep, maintain and repair the Premises, and other improvements within the Premises in good and sanitary order, condition, and repair (except as hereinafter provided). Lessor should be notified immediately of any necessary maintenance and repair of any store front, doors, window casements, walls, glazing, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits . Lessee hereby waives all right to make repairs at the expense of Lessor , and Lessee hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Lessee agrees on the last day of said term , or sooner termination of this Lease, to surrender the Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Lessee shall periodically sweep and clean the sidewalks adjacent to the Premises, as needed. Upon Lessee's possession of the Premises, Lessee shall be Item 1O - Page 11
7 deemed to have accepted the Premises as being in good condition and repair.

Lessee agrees that it will not, nor will it authorize any person to, go onto the roof of the building of which the Premises are a part without the prior written consent of Lessor. Said consent will be given only upon Lessor's satisfaction that any repairs necessitated as a result of Lessee's action will be made by Lessee at Lessee's expense and will be made in such a manner so as not to invalidate any guarantee relating to said roof.

5.3 F
ree from Liens . Lessee shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Lessee or alleged to have been incurred by Lessee.

6.0 INSURANCE AND INDEMNIFICATION

6.1 I nsurance. Prior to its ability to access the Demised Premises, Lessee will provide City with proof of insurance, at Tenant’s sole cost and expense, to remain in full force and effect during the entire term of this lease. The following policies of insurance shall be maintained:

A. Insurance Provided by L
essee.

Comprehensive or Commercial Form General Liability Insurance shall include the following minimal limits:
(i). General Liability including operations, products and completed operations $1,000,000 each occurrence for bodily injury, personal injury and property damage/$2,000,000 aggregate
(ii). Automobile $1,000,000 each accident; $1,000,000 uninsured motorist
(iii). Workers Compensation $1,000,000 each accident/$1,000,000 each employee for disease.

(iv). Excess Liability/Umbrella Form $2,000,000.

B. An Additional Insured Endorsement is required for the General Liability Insurance policy naming the City, its officers, employees, and agents as additional insured on the policy.

C. The policies shall provide for a 30 day notice to the City prior to termination, cancellation, or change.

D. The general liability and excess liability/umbrella policies must be endorsed to provide that each policy shall apply on a primary and noncontributing basis in relation to any insurance or self -insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

Item 1O - Page 12
8 E. The Workers Compensation policy shall contain the insurer's waiver of subrogation (or waiver of right of recovery) in favor of City, its elected officials, officers, employees, and agents.

F. If, in the City's opinion, the minimum limits of the insurance herein required have become inadequate during the period of this Lease, the Concessionaire shall increase such minimum limits by reasonable amounts on request of the City provided that said coverage is available at standard commercial rates.

6.2 Indemnification . To the fullest extent permitted by law, Lessee shall, at Lessee's sole expense and with counsel reasonably acceptable to City, defend, indemnify, and hold harmless City and City's officers, officials, employees and agents from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, costs of investigation, court costs and attorney’s fees) from any cause, arising out of or relating (directly or
indirectly) to this Lease, the tenancy created under this Lease, or the Demised Premises, including without limitation:

A. The use or occupancy, or manner of use or occupancy, of the Demised Premises;

B. Any act, error or omission, or negligence of Lessee or of any subtenant, invitee, guest, contractor or licensee or Lessee or any subtenant in, on, or about the Demised Premises;

C. Lessee’s conducting or managing of its business;

D. Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Lessee in, at, or about the Demised Premises , including the violation of or failure to comply with any insurance requirements or any applicable laws, statues, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Commencement Date or enacted, promulgated, or issued after the date of this Lease, and;

E. Any breach or default in performance of any obligation on Lessee’s part to be performed under this Lease, whether before or during the term of this Lease or after its expiration or earliest termination.

6.3 This indemnification extends to and includes, without limitation, claims for:

A. Injury to any persons (including death at any time resulting from that injury);

B. Loss of, injury or damage to, or destruction of property (including Item 1O - Page 13
9 loss of use at any time resulting from that loss, injury, damage, or destruction); and

C. All economic losses and consequential or resulting damage of any kind.

6.4 Lessee’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against City involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations.

7.0 ABANDONMENT AND SURRENDER

7.1 A
bandonment . Lessee shall not vacate or abandon the Premises at any time during the term of this Lease. If Lessee shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be mortgaged to Lessor.

7.2 Surrender of Lease. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or sub-tenancies, or may, at the option of Lessor, operate as an assignment to it of any or all of such subleases or sub- tenancies. In the event that Lessor fails to return the Premises in good condition, Lessor may perform any work necessary to correct deficiencies , and Lessee shall pay the cost of the work plus an administrative fee component of not more than 15 percent.

8.0 D AMAGE AND DESTRUCTION OF PREMISES. In the event of (a) partial or total destruction of the Premises during the term of this Lease which requires repairs to the Premises, or (b) the Premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Lessee's act, use or occupation, which declaration requires repairs to the Premises, Lessor shall forthwith make said repairs provided Lessee gives to Lessor thirty (30) days written notice of the necessity therefor. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Lessee shall be entitled to a proportionate reduction of Monthly Rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the Premises. However, if during the last two (2) years of the term of this Lease the Premises are damaged as a result of fire or any other insured casualty to an extent in excess of twenty five percent (25%) of the then replacement cost (excluding foundations), Lessor may within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Lessee. If Lessor , however, elects to make said repairs, and provided Lessor uses due diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided.

Nothing in the foregoing to the contrary withstanding, if the Premises or said building is damaged or destroyed at any time during the term hereof to an extent of more than Item 1O - Page 14
10 twenty-five percent (25%) of the then replacement cost (excluding foundations) as a result of a casualty not insured against, Lessor may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Lessee . If Lessor does not elect to terminate because of said uninsured casualty, Lessor shall promptly rebuild and repair the Premises and/or the building and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. If Lessor elects to terminate this Lease, all rentals shall be prorated between Lessor and Lessee as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Lessor is obligated to repair or may elect to repair under the terms of this Section, Lessee waives any statutory right it may have to cancel this Lease as a result of such destruction.

9.0 SUBLETTING. For the purposes of this lease, subletting shall not be allowed.

10.0 DEFAULT

10. 1 Default by Lessee . The occurrence of any one (1) or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Lessor more than three (3) days after written notice from Lessor to Lessee that Lessee has failed to pay rent when due; (b) the failure to perform any of Lessee's agreements or obligations hereunder (exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Premises by Lessee; (d) the making by Lessee of a general assignment for the benefit of creditors; (e) the filing by Lessee of a voluntary petition in bankruptcy or the adjudication of Lessee bankruptcy; (f) the appointment of a receiver to take possession of all or substantially all the assets of Lessee located at the Premises or of Lessee's leasehold interest in the Premises; (g) the filing by any creditor of Lessee of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (h) the attachment, execution or other judicial seizure of all or substantially all of the assets of Lessee or Lessee's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.

Any repetitive failure by Lessee to perform its agreements and obligations hereunder, though intermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above for the first breach, or three (3) of the same or different br eaches at any time during the term of this Lease for which notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed to be an incurable repetitive failure by Lessee to perform its obligations hereunder.

In the event of any such default or breach by Lessee , Les sor may at any
time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Lessor for such purposes shall be paid by Lessee to Lessor upon demand and as additional rental hereunder, with an administrative fee component of not more than 15%. In the event of any such default or breach by Lessee, Lessor shall have Item 1O - Page 15
11 the right (i) to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) Lessor shall have the right at any time thereafter to elect to terminate the Lease and Lessee's right to possession thereunder.

10.2 N
o Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a waiver of any of Lessor's remedies.

10.3 Lessor' s Default. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be deemed in default if Lessor commences performance within a thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Lessee have the right to terminate this Lease as a result of Lessor's default and Lessee 's remedies shall be limited to damages and/or an injunction.

11.0 CONDEMNATION. In the event a condemnation or a transfer in lieu thereof results i
n a taking of any portion of the Premises, Lessor may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty -five percent (25% ) or more of the Premises, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Lessee shall not be entitled to share in any portion of the award and Lessee hereby expressly waives any right or claim to any part thereof. Lessee shall, however, have the right to claim and recover, only from the condemning authority (but not from Lessor), any amounts necessary to reimburse Lessee for the cost of removing stock and fixtures. If this Lease is not terminated as above provided, Lessor shall use a portion of the condemnation award to restore the Premises.

12.0 MISCELLANEOUS

12.1 Reservation of Right to Modify Property. Lessor hereby reserves the right (but not the obligation) to renovate, modernize, rehabilitate, expand, reduce, reconfigure, enclose and/or otherwise alter all or any portion of the Premises (collectively "Modifications"), in such manner and at such time or times, throughout the term of this Lease, as Lessor may, in its sole and absolute discretion, deem to be in the best interests of the Property. Such Modifications may include, without limitation, the right to construct new buildings on the Property for additional uses, to remove, renovate, repair, add to, modernize or otherwise alter the building in which the Premises are situated as well as other buildings, facilities, structures, malls, walkways, landscaping, parking and common areas or other areas within the Property. In connection with any and all such Modifications, Lessor may enter the Premises to the extent reasonably required by Lessor to pursue and complete such Modifications. In addition, Lessor may temporarily close portions of the parking and common areas and cause temporary obstructions in connection with any Modifications. Lessee agrees that under no circumstances shall the Item 1O - Page 16
12 Modifications as to any portion of the Property or the construction activity that takes place in the course of making the Modifications, or any aspect thereof, including Lessor's entry into the Premises, constitute an eviction or partial eviction of Lessee or a breach of Lessee's right to quiet enjoyment or of any other provision of this Lease, nor entitle Lessee to damages, injunctive relief or other equitable relief, nor entitle Lessee to any abatement or reduction in the Monthly Rental, additional rental or other charges or sums due under this Lease; provided Lessor uses reasonable efforts to mitigate any adverse effects on Lessee caused by the Modifications.

12.2 E ntry and Inspection . Lessor and its agents shall have the right to enter upon the Leased Premises during such times as may be reasonable under the circumstances for any purpose necessary, incidental to or connected with the performance of its obligations or in the exercise of its government al functions relating to the public health, safety, good conduct, and the proper management of the Airport.

12.3 Estoppel C
ertificate. In the event of any proposed encumbrance,
assignment, or other transfer of this Lease, Tenant shall submit its request to the City no less than 90 days in advance of the effective date of the proposed assignment in order for the City to make its determination If, as a result of a proposed sale, assignment, or hypothecation of the Premises or the land thereunder by Lessor, or at any other time, an estoppel certificate shall be requested of Lessee , Lessee agrees, within ten (10) day s thereafter, to deliver such estoppel certificate addressed to any existing or proposed mortgagee or proposed purchaser, and to the Lessor. Lessee shall be liable for any loss or liability resulting from any incorrect information certified, and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement.

12.4 Jurisdiction and Venue. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of Lessee s set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Lessee agrees to submit to the personal jurisdiction of such court in the event of such litigation.

12.5 Partial Invalidity.

If any term, covenant, condition or provision of this
Lease is held to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.

12.6 Successors in Interest. T
he covenants herein contained shall,
subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

12.7 No Oral Agreements. This (i) Lease covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes any and all previous obligations, agreements and understandings, if any, between the parties, oral or written, and (iii) merges all preliminary negotiations

Item 1O - Page 17
13 and agreements of whatsoever kind or nature herein. Lessee acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Lessor or its agents or representatives.

12.8 A uthority . In the event that Lessee is a corporation or a partnership, each individual executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Lessee represents and warrants to Lessor that the entering into this Lease does not violate any provisions of any other agreement to which Lessee is bound.

12.9 Relationship of Parties. The relationship of the parties hereto is that of Lessor and Lessee, and it is expressly understood and agreed that Lessor does not in any way or for any purpose become a partner of Lessee in the conduct of Lessee 's business or otherwise, or a joint venture with Lessee, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.

12.10 Nondiscrimination. L
essee for itself, personal representatives,
successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the Demised Premises that: (1) no person, because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”) shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) it shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis; (3) as a condition precedent to City’s lawful capacity to enter this Lease, and in executing this Lease, Lessee certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Lessee activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that, to the extent applicable to Lessee , it is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting; (4) in the construction of any improvements on, over, or under such Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (5) it shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI Item 1O - Page 18
14 of the Civil Rights Act of 1964, including applicable Regulations that may be amended and are hereby incorporated and attached as Exhibit “C” & “D”,

12.11 No tices . Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Lessor, as specified in Section 1.9. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.

To City:

Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262

To Tenant: Golden Voice LLC
425 W. 11
th Street, Suite 500
Los Angeles, CA 90015

12.12 W aiver . No delay or omission in the exercise of any right or remedy by a non-defaulting party shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.

12.13 Exhibits and Addenda. The Exhibits and Addenda attached to this Lease are made a part hereof as if fully set forth herein. In the event of a conflict between the terms and provisions of Addenda and the terms and provisions of this Lease, the terms and provisions of the Addenda shall prevail.

IGNATURE PAGE TO FOLLOW
Item 1O - Page 19
15 SIGNATURE PAGE FOR LEASE AGREEMENT BETWEEN THE CITY OF PALM

SPRINGS AND GOLDEN VOICE LLC

IN WITNESS WHEREOF, the Parties have entered into this Non-Exclusive Operating and Lease Agreement as of the day and year first above written.

CITY OF PALM SPRINGS

Approved By:

Scott Stiles
City Manager

Date

Attested By:

City Clerk

Approved as to Form:

City Attorney

GOLDEN VOICE LLC

Signature

Name

Title

Signature

Name

Title

Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.

Item 1O - Page 20
16 CALIFOR NIA AU-PURPOSE ACKNOW LEDGMENT CIVIL COD E§ 11&9 A notary pubic or other officer completing thls certificate verifies only the Identity of the lndMdu al who slg,ned die doOJment to wtikh this certlfkl' te Is attlldied , and not the truthfulness. aoci.ncy, or valdltyol that document.

St.ate of Callfomta
Coooty of __________ _
On ____ ~ ____ beforeme, _____ ~~-~--~ = - ~~=-----
Dote Here Insert Nome and 11tle of the Offlttr
Pttson.altyappeared ____________________________ _
Nome(s} of Slgne,(s}
who proved to me on the basts of satisfactory evidence to be the pe,son{s} whose name{s} ls/are StJbscrt,ed to the wltNn tnstrument and acknowledged to me that he/she/they executed the same hn hts/her/thelf authorized capaclty(les), and that by his/her/their signature(s) on the lnstrumenttheperson(s), or the entity upon behalf of which the person(s) acted.executed the Instrument.

Place Notmy Seal Abo~
I cer1lfy under PENAL TY OF PERJURY under the laws of the St.ate of caUfoml.a that the f«egolng paragraph Is true and correct.

WITNESS my hand and offlda l seal.
~gnature ________________ _
Signature of Notmy PU.bile
------------------CJnlONJU .-----------------
Thouvh thJs sectJon Is optional comp~ th/J lnfrxmotiotl <on d~ o.lwotion of the dotummt o, frovdwmt nott«hmmt of this Jann to cm cmlntmdrd dOOJment.

Descr"lptlon of Attached Docuinent
Tltle or Type of Document _____________ _ Document Date _________ _ Numbetof Pages _______ Sfgner(s)OtherThan Named Above ___________ _ C.pactty(les) O.lmed by SlgMr(s)
Sfgner"s Name~---~-------
Corporate Offlcer-Title(s) ______ _
Sfgner'sName~---~--------
Corporate Offlcer-Tltle(s) _______ _
Pariner Umlted General Pariner Umlted General
lndl\lldual Attomey tnFact lndl\lldual Attorney tn Fact Trustee Guatdtan orConservator Trustee Guatdtan or-Conservator Other _____________ _ Other ______________ _
Sfgner ts Rep(esentlng __________ _ ~gnerts Rep(esenttng ___________ _ 02014 Nadonal NotaryAs.sodatlon • www.NadonalNotary.org • l~US NOTARY (1-800-876-6827) ltem#S907 Item 1O - Page 21
17 EXHIBIT “A”

Terminal Building

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580.49 sf
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Item 1O - Page 22
18 EXHIBIT “B”

ESTOPPEL CERTIFICATE
Lessee:

Lessor:

Date of Lease:

Demised Premises:

To: _______________________________
_______________________________
_______________________________

The undersigned hereby certifies as follows:

1. The undersigned is the Lessee ("Lessee") under the above-referenced lease ("Lease") covering the above-referenced premises ("Demised Premises").

2. The Lease constitutes the entire agreement between Lessor and Lessee with respect to the Demised Premises and the Lease has not been modified, changed, altered or amended in any respect except as set forth above.

3. T he term of the Lease commenced on ________, 20_____ and, including any presently exercised option or renewal term, will expire on _________, 20_____. Lessee is in possession of the Demised Premises and is the actual occupant in possession thereof and has not sublet, assigned or hypothecated its leasehold interest. All improvements to be constructed on the Demised Premises by Lessee have been completed and accepted by Less or and any Lessee construction allowances have been paid in full.

4. A s of this date, to the best of Lessee's knowledge, there exists no breach or default, nor state of facts which, with notice, the passage of time, or both, would result in a breach or default on the part of either Lessee or Lessor. To the best of Lessee's knowledge, no claim, controversy, dispute, quarrel or disagreement exists between Lessee and Lessor.

5. Les
see is currently obligated to pay Monthly Rent in installments of $________ per month, and such monthly installments have been paid not more than one month in advance. To the best of Lessee's knowledge, no other rent has been paid in advance and Lessee has no claim or defense against Lessor under the Lease and is asserting no offsets or credits against either the rent or Lessor. Lessee has no claim against Lessor for any security or other deposits except $ which was paid pursuant to the Lease.

6. Les see has no option or preferential right to lease or occupy additional space within the Property of which the Demised Premises are a part. Lessee has no option or preferential right to purchase all of any part of the Demised Premises nor Item 1O - Page 23
19 any right or interest with respect to the Demised Premises other than as Lessee under the Lease. Lessee has no right to renew or extend the term of the Lease except as set forth in the Lease.

7. Lessee has made no agreements with Lessor or its agent or employees concerning free rent, partial rent, rebate of rental payments or any other type of rent or other concession except as expressly set forth in the Lease.

8. There has not been filed by or against Lessee a petition in bankruptcy, voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States, or any state thereof, or any other action brought under said bankruptcy laws with respect to Lessee.

9. All insurance which Lessee is required to maintain under the Lease has been obtained by Lessee and is in full force and effect and all premiums with respect thereto have been paid.

Dated this day
of , 20_____.

By:

Its:

Item 1O - Page 24
20 EXHIBIT “C”

08127/13

APPENDIX A
1400.11
Al)pendix 4
During the perfonnance of this contract, the contractor, for ilself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

I . Comptianct . with Regulations : The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, federa l Arution Administration , as they may be amended from time to time, which are herein incorpora ted by reference and made a part of this contract.

2. Non-discrimination : The contractor, with regard to the wodc performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The contractor will not participate directly or indirectly in the ~iscriroinarinn proluoited by the Acts and the Regulations, including employment practices when the contract covers any acti,ity , project, or program set forthinAppeodixB of 49 CFR part 21.

3. Solicitations for Subcontr acts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for wodc to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontra<tor or supplia- will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Infor mation and Repor ts: The contractor -.ill provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will pennit access to its books, records, accounts, other sources of information, and its fucilities as may be determined by the Recipient or the f ederal A,iation Adminisb·ation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the e.i:clusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the f edei-al A nation Administration , as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non discrimination pro,isions of this contract, the Recipient will impose such contract sanctions as it or the federal .'hiation Administration may determine to be appropriate, including, but not limited to:
51 Item 1O - Page 25
21 08127/13 1400.11
Al)pendix 4
a. withholding payma,ts to the contractor under the contract until the contractor complies; and/or
b. ca:icelling, tenninating, or suspending a contract, in whole or in part.

6. loC'o1-po1"1ltic•o of Prorisions : The contractor will include the provis.iom ofparag:rnplu one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal A•iation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Pro,ided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 52 Item 1O - Page 26
22 EXHIBIT “D”

08/27/13

APPENDIXE
1400.11
Appendix4
Dur,ng the perfonnance of this contract, the contractor, for itself; its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply wi1h the following non discrimination statutes and au1horities; including but not limited to:

Pertinent Non-Disc1imination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 18 stat. 252), (prolnoits discrimination on the basis of race, color, national origin); and 49 CFR part 21. • The Unifonn Relocation Assistance and Real Property Acquisition Policies Aci of 1970, (42 U.S.C. § 4601), (prolnoits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projecis); • Section 504 of the Rehabili1ation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prolnoits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prolnoits discrimination on the basis of age);
• Aiiport and Airway Improvement Aci of 1982, (49 USC§ 471, Section 47123), as amended, (prolnoits discriroinarion based on race, creed, color, national origin, or sex); • The Ci,il Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrtmination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the tenns "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients md contraciors, whether such programs oc activities are Federally funded or not);
• T itles II and ill of the Americans with Disabilities Act, which prohibit discrimiJation on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommoda:ion, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by D,partment of Transportation regulations at 49 CFR parts 37 and38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prolnoits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Acticns to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities wi1h disproportionately high and adverse human health or environmental effects on minority and low-income populations;
57 Item 1O - Page 27

CITY COUNCIL STAFF REPORT

DATE: M ARCH 27, 2025 PUBLIC HEARING

SUBJECT: AN APPLICATION BY WILLIAM GRIMM AND DAVID BRINKMAN FOR HISTORIC SITE DESIGNATION OF “THE DR. HARRY AND BETTY
GARBER RESIDENCE” LOCATED AT 2455 SOUTHRIDGE DRIVE (APN 510-260-024), CASE HSPB #162 (SY)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

2455 Southridge Drive is a custom-built single-family residence in the Southridge Estates.

Completed in 1972, this hillside home was designed by architect Richard Harrison during the postwar period of significance. As an exceptional representation of M id-century Modern design that responds to the surrounding desert landscape, the home retains all of its original character-defining features.

If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code (PSMC).

The HSPB and staff evaluated the application in accordance with the historic designation ordinance and applicable state/federal regulations, and determined it qualifies as a Class 1 (Landmark) historic site.

RECOMMENDATION:

1) Open the public hearing and receive public testimony.

2) Close the public hearing and adopt Resolution No . _____, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE DR. HARRY AND BETTY GARBER RESIDENCE LOCATED AT1633 VIA ROBERTO MIGUEL , AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB #162, SUBJECT TO CONDITIONS (APN 510-260-024).”

Item 2A - Page 1
City Council Staff Report
March 27, 2025 – Page 2
Historic Designation – The Dr. Harry and Betty Garber Residence

BACKGROUND AND SETTING:

The attached historic resources report , prepared by Palm Springs Preservation Foundation (PSPF) (“the report”) and site visits are the basis of this staff report.

Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

January, 2025 Site inspection by members of the HSPB and City Staff.

February, 2025 HSPB considered the application for designation at a public hearing recommending Class 1 designation.

Ownership Status
December, 2023 Purchased by current owners.

EAST (FRONT) ELEVATION FROM SOUTHRIDGE DRIVE, 2025.

VIEW OF THE HOME FROM THE ATRIUM LOOKING NORTHWEST, 2025.

Item 2A - Page 2
I
City Council Staff Report
March 27, 2025 – Page 3
Historic Designation – The Dr. Harry and Betty Garber Residence

The historic designation request was initiated by the owner s and the historic resources report supports the reclassification of the site as a Class 1 landmark. Staff and the HSPB made the findings to recommend Class 1 designation.

ANALYSIS AND FINDINGS:

The analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated February 4, 2025. In order to be designated a historic landmark, a resource must exhibit exceptional historic significance and meet one or more of the criteria listed in PSMC Section

8.05.070.C.1.a. The Board made findings in support of Class 1 ( Landmark) designation based on the following criteria:

PSMC 8.05.070, (C,1,Part a). The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

(Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;

(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

The Board also made findings pursuant to PSMC 8.05.070, (5,C,1,Part b); “Historic Integrity” that The Garber Residence possesses sufficient historic integrity to qualify as a Class 1 (Landmark) historic site.

CONCLUSION:

The Dr. Harry and Betty Garber Residence meets the definition of a historic resource based on Criterion 3 and 5 of the Palm Springs Historic Preservation Ordinance. The property possesses integrity to qualify as a Class 1 ( Landmark) site . The HSPB recommendation to the City Council reflects these findings which are outlined in the attached draft City Council resolution.

ENVIRONMENTAL ASSESSMENT:

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) o f the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

Item 2A - Page 3
City Council Staff Report
March 27, 2025 – Page 4
Historic Designation – The Dr. Harry and Betty Garber Residence

NOTIFICATION:

Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property and notice was published in a newspaper of general circulation.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map.

B. Draft Resolution.

C. Application, related background materials, photos.

D. HSPB resolution, staff report, minute excerpt.

Item 2A - Page 4

ATTACHMENT A

Item 2A - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #162 – Dr. Harry and Betty Garber Residence
2455 Southridge Drive

Item 2A - Page 6
Legend
D 500 ft Radius
~ Site
~ Parce ls
•
. .

W E . .
.
s

ATTACHMENT B
Item 2A - Page 7

RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE DR. HARRY AND
BETTY GARBER RESIDENCE, LOCATED AT 2455 SOUTHRIDGE
DRIVE, AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE
HSPB #162, SUBJECT TO CONDITIONS (APN 510-260-024).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and

B. WHEREAS, the City of Palm Springs initiated an application, Case HSPB #162, seeking historic site designation of The Dr. Harry and Betty Garber Residence located at 2455 Southridge Drive; and

C. WHEREAS, on January 22 and 23, 2025, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and

D. WHEREAS, on February 4, 2025, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #162 was held in accordance with applicable law; and

E. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate The Dr. Harry and Betty Garber Residence a Class 1 ( Landmark) historic resource; and

F. WHEREAS, on March 27, 2025, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #162 was held in accordance with applicable law; and

G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:

Item 2A - Page 8
Resolution No.____

Page 2 of 7 ends

March 27, 2025

a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

2455 Southridge Drive is a single-family home constructed in the spirit of the Modern Movement.

The interiors of privately owned properties are not subject to historic review; however, the application highlights the original interior layout and details which are extremely well-maintained and intended to be preserved. The following is an analysis of the criterion and integrity findings for historic designation.

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state, or community;

No meaningful event is associated with this site, thus does not qualify under Criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

The home was built for Dr. Harry and Betty Garber and the current owners purchased the property from the family. Based on the information provided in the historic resources report, the site is not associated with individuals that meet this criterion.

(Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;

The post-World War II in Palms Springs is described as a period of substantial growth and wealth. A tourist town that focused on part -time residents was now building for full - time residents like the Garbers. As large tracts of developable land quickly transform into residential development, the desire for more privacy and security created a market to develop hillside areas. The architectural movement during this time focused on Modernist principles that utilized simple materials like stucco and post -and-beam construction to create privacy and frame views. This custom-built residence demonstrates a refined use of simple forms and materials to create a home nestled within the dramatic landscape.

The architecture responds to the surrounding site context by orienting the building towards the mountain vistas but screening harsh conditions like the desert sun using deep overhangs and canopies. Not only does this home reflect the residential development patterns of this period, it is an exceptional representation of the Mid-century Modern style of architecture that embraces the desert landscape. Criterion iii is met.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period, or method of construction;

Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). The home was constructed using conventional methods and no new building materials or technology was specifically identified. Criterion iv is not met.

Item 2A - Page 9
Resolution No.____

Page 3 of 7 ends

March 27, 2025
(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

Architect Richard Harrison is a notable figure that has influenced the field of design and architecture at the local level and at the international level through his contribution to the Palm Springs School of Architecture. With many noteworthy projects throughout the Coachella Valley, Harrison was best known for his residential commissions. His formal architecture training at the University of Southern California introduced him to the trends exemplified through the Case Study Houses. He also worked for influential architects and designers like William Cody, E. Steward Williams and John Porter Clark. The design of the Garber Residence reflects the individual genius that Harrison possessed when it came to site design, and the home itself possesses high artistic value as an excellent representation of post-and-beam construction. Based on the association of Harrison and high artistic value of the home, Criterion v for historic significance is met.

(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or

The resource is not within a historic district and does not qualify under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

The report provides an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The home is in its original location on the lot and the building footprint remains intact; therefore, the integrity of location is met.

2. Design:

This is a custom-designed home by Richard Harrison that places a strong emphasis on living in Item 2A - Page 10
Resolution No.____

Page 4 of 7 ends

March 27, 2025
the natural landscape. The form and materials are harmonious with the site and have a minimal presence from the street. In fact, the only element seen from Southridge Drive is the low -slung design of the carport and masonry walls. The descent into the sunken garden atrium reveals the simple building shape but the mountain vista through the home reads as the building’s elevation, and the sunk en placement of the home allows for maximum privacy. The design focuses on spatial experiences and ornamentation is limited to the door hardware, light fixtures, and paving material. From the garden atrium to the edge of the pool patio there is a clear and unobstructed view of the city and surrounding natural landscape. The carport overhang extends over the sunken atrium on wooden beams which also provides a layering of roof forms that adds articulation to the site. The gable roof with red clay tiles departs from the overall aesthetic that consist of rectilinear forms; however, the heavy texture of the stucco walls and glazed floor tiles reflect design queues representative of the Spanish Colonial Revival style of architecture. The post-and-beam architecture and the stone fireplace are strong visual markers that connect the interior of the home to the exterior spaces in a seamless transition. Little to no change has been made to the original design of the home; therefore, the design integrity remains intact.

3. Setting:

The layout and design of the residential tract in Southridge is maintained by adhering to design guidelines that protect the surrounding setting and views. The home remains in a setting that is consistent with when it was first built, thus the integrity of site remains intact.

4. Materials:

The home was built with building materials that were commonly used during this period but of higher quality. The large expansive floor to ceiling glazing in bronze- tinted aluminum framing defines the general form of the home and the hand- troweled stucco walls and large aggregate terrazzo give the home texture. The roof is mostly flat with a pitched gabled roof over the living room area covered in red clay tile. The specified building materials appear consistent with the original design and appear in excellent condition; thus the integrity of material is met.

5. Workmanship:

The Garber residence was constructed using conventional construction methods and materials such as stucco, stone veneer and glass; however, the execution of the design highlights the cohesion of the different materials and the architect’s attention to detail. Consistent hand- troweled patterns of the stucco and the seamless integration of architectural features like the stone fireplace and the extruded beams transcend the barriers between interior and exterior space. A high level of workmanship is detected o n this site. City Council finds the integrity of workmanship is intact.

6. Feeling:

The feeling associated with the Modern Movement of the post -World War II period is conveyed through the simple design of the home. The level of workmanship and preserved setting contributes to the feeling remaining intact.

Item 2A - Page 11
Resolution No.____

Page 5 of 7 ends

March 27, 2025

7. Association:

The property is associated with architect Richard Harrison and his design aesthetics are prominently displayed with this home. The pattern and layout of the neighborhood also remains intact. The integrity of association with an influential figure and a significant period is apparent.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features of the resource are as follows:
• Site design of the property and building footprint of the home angled within the mountain landscape.
• Sunken garden atrium with direct access from the carport using the exterior staircase attached to the southeast section of the retaining wall. • Extended carport overhang across the sunken atrium supported by wooden beams. • Unobstructed views from the living area looking north. • Continuous extension of the rafter beams from the interior to the exterior of the space and deeper overhangs on the west side of the home.
• Fixed floor to ceiling glazing with vertical separations between the panes that form walls of glass dissolving the distinction between indoor and outdoor spaces. • Double door entry and associated hardware.
• Window hardware.
• Wrought iron handrails on the staircase leading into the courtyard/atrium. • Entry light fixture.
• Triangular clerestory windows on the gable ends of the roof. • Exterior location and design of the masonry fireplace and chimney. • Simple grey concrete hardscape and single concrete landing at the base of the sliding glass doors on the north elevation.
• Contemporary post-and-beam flat-roofed residence with a pitched roof volume over the living/dining room. This volume is covered in terra-cotta barrel tile. • Off-white split-face concrete brick walls and planters. • Open carport.
• Heavily trowelled off-white stucco.
• Kool Deck patio with swimming pool.
• Anodized bronze aluminum sliding glass doors and windows. • Dolomite stone veneer.
• Off-white large aggregate terrazzo tile.
• Decorative mural of tiles with circular patterns of marble chips in gold with white.

Item 2A - Page 12
Resolution No.____

Page 6 of 7 ends

March 27, 2025
Non-contributing elements:
• Metal and cable perimeter fence.

SECTION 4: ENVIRONMENTAL ASSESSMENT

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as ‘historic’ at the federal, state, and/or county level.

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.

Based upon the foregoing, the City Council hereby designates The Dr. Harry and Betty Garber Residence located at 2455 Southridge Drive , a C lass 1 ( Landmark) Historic Resource (Case HSPB #162).

ADOPTED THIS TWENTY-SEVENTH DAY OF MARCH, 2025.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 13
Resolution No.____

Page 7 of 7 ends

March 27, 2025

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 14

ATTACHMENT C

Item 2A - Page 15
1 The Dr. Harry and Betty Garber Residence, 1972

2455 Southridge Drive
Palm Springs, California, 92264

Richard A. Harrison, AIA, architect

Palm Springs, CA 92264

Nomination Application For City of Palm Springs Class 1 Historic Resource

Prepared by

STEVEN KEYLON
For the

PALM SPRINGS PRESERVATION FOUNDATION
Final August 20, 2024
Item 2A - Page 16
2 A C K N O W L E D G E M E N T S

The author would like to thank
the following individuals and organizations for
their professional expertise and/or editing assistance:

Tracy Conrad; Barbara Marshall; Steve Treinen; Susan Secoy Jensen.

Special thanks to Ron Duby, copy editor.

Item 2A - Page 17
3 C L A S S 1 H I S T O R I C R E S O U R C E N O M I N A T I O N

Table of Contents

A C K N O W L E D G E M E N T S ..................................................................................................................................... 2 C L A S S 1 H I S T O R I C R E S O U R C E N O M I N A T I O N ......................................................................... 3 I N T R O D U C T I O N ...................................................................................................................................................... 5 E X E C U T I V E S U M M A R Y ....................................................................................................................................... 5 SIGNIFICANCE: ................................................................................................................................................................. 5 DESIGNATION CRITERIA: ............................................................................................................................................... 5 APPLICATION.................................................................................................................................................................... 7 Statement of Significance ............................................................................................................................................... 10 BACKGROUND/HISTORIC CONTEXT ........................................................................... Error! Bookmark not defined.

SOUTHRIDGE .................................................................................................................................................................. 12 ARCHITECTURE OF THE GARBER RESIDENCE .......................................................................................................... 18 Character-Defining Features of the Garber Residence ..................................................................................................... 20 CHANGES OVER TIME ................................................................................................................................................... 20 FIRST OWNERS: HARRY AND BETTY GARBER .......................................................................................................... 23 BACKGROUND / HISTORIC CONTEXT .......................................................................................................................... 24 EVALUATION: ................................................................................................................................................................. 25 Integrity Analysis (using US Secretary of Interior Standards) ............................................................................................... 26 INTEGRITY ....................................................................................................................................................................... 26 DESIGN ............................................................................................................................................................................. 26 MATERIALS ...................................................................................................................................................................... 27 WORKMANSHIP ............................................................................................................................................................. 27 LOCATION ...................................................................................................................................................................... 27 SETTING ........................................................................................................................................................................... 28 FEELING ............................................................................................................................................................................ 28 ASSOCIATION ................................................................................................................................................................. 28 APPENDIXES ........................................................................................................................................................................ 30 OWNER LETTER OF SUPPORT ..................................................................................................................................... 30 Assessor’s Map and Aerial ................................................................................................................................................ 31 Item 2A - Page 18
4 Building Permits .................................................................................................................................................................... 33 Chain of Title ........................................................................................................................................................................ 34 HISTORIC PHOTOS ............................................................................................................................................................ 35 Contemporary Photos .......................................................................................................................................................... 43

Item 2A - Page 19
5 I N T R O D U C T I O N
The Palm Springs Preservation Foundation (PSPF) is a non-profit organization whose mission is “to educate and promote public awareness of the importance of preserving the historical resources and architecture of the city of Palm Springs and the Coachella Valley area.” In February 2024, the PSPF board of directors assigned the task of writing the Garber Residence Class 1 Historic Resource nomination to Steven Keylon.

E X E C U T I V E S U M M A R Y
SIGNIFICANCE:

The Garber Residence is a custom-designed residence at 2455 Southridge Drive in Palm Springs’ exclusive Southridge development. The house was designed in 1970 by architect Richard A. Harrison, collaborating with interior designer Arthur Elrod. The house was owned by the Garbers for the rest of their lives, and remarkably few changes were made to the house, and it was beautifully maintained, making it a nearly intact example of Harrison’s work. The Garber Residence exhibits numerous character-defining features that place it within the historical context of the Palm Springs Modern period. A period of significance for the house has been established as 1972, the year the house was completed.

DESIGNATION CRITERIA:

Criteria for the Designation of a Class 1 Historic Resource: Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C.1.): A site, structure, building, or object may be designated as a Class 1 Historic Resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the U S Department of the Interior National Register Bulletin “How to Apply the National Register Criteria for Evaluation” of potentially historic resources for further information.

As outlined in the analysis beginning on page 25, the Garber Residence qualifies as a City of Palm Springs Class 1 historic resource.

The house possess es exceptional historic significance and meet s the following two of seven of the eligibility criteria outlined in Municipal Code Section 8.05.070(C,1,a): (iii): Exemplifying a particular period in local history, and (v) Presents the work of a master architect, landscape architect and interior designer, each whose individual genius influenced their age (i.e., peers, profession), and possess high artistic value.

Furthermore, the site possesses a high degree of historic integrity as outlined in Municipal Code Section 8.05.070 (C,1,b) in terms of Design, Materials, Workmanship, Location, Setting, Feeling, and Association.

Item 2A - Page 20
6 The historic context within which the Garber Residence was evaluated as outlined in the Citywide Historic Context Statement & Survey Findings is The Post-World War II period 1945 – 1969. Its period of significance is associated with the timeframe in which architect Harrison designed the house (early 1970), to its completion in 1972.

Item 2A - Page 21
7 APPLICATION

Item 2A - Page 22
(to be completed by Planning staff:)
Date:

Case No.

HSPB No.

Planner:

CITY OF PALM SPRINGS
Department of Planning Services

HISTORIC RESOURCE DESIGNATION (HRD)
TO THE APPLICANT:

Complete all parts of this application. Denote "NA" for lines that are not applicable.

Submit the completed application with attachments to the Department of Planning Services at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Phone: 760-323-8245 Fax: 760-322-8380 This application is for a proposed: (Check one) ~ Historic Site/ Resource Cl Historic District:

Applicant's Name: BILL GRIMM AND DAVID BRINKMAN
Please Print
J;l Owner D Lessee D Authorized Agent D City D Other
Applicant's Address:_B_IL_L _GR_I_M_M_A_N_D_DA_VI_D_BR_I_NK_M_A_N ___________________ _ Number and Street Name or P.O. Box
2455 SOUTHRIDGE DRIVE PALM SPRINGS 92264
City State ZIP
Telephone Nos:_1_60_-4_1:,-_00_44 ____________________________ _ Residence Cell Wor1<
E-Mail address:_d-'-rg_rim_m-'@m'--d-vip_.c_om ___________________________ _ Note: For Historic District applications: On a separate page, provide a list all sites/ parcels within the proposed historic district boundaries with the following information provided for each parcel/ APN.

Site Address: 2455 SOUTH RIDGE DRIVE, PALM SPRINGS, CA 92264 APN 510260024 Zone: ____ Section: ____ Gen'I Plan Land Use Desig. _____ _ Is the project is located on the Agua Caliente Band of Cahuilla Indians Reservation? _N_o _____ _ (Refer to the Land Status Map under Tribal Resources on the Planning Department home page.) Construction Date: 1912 0 Estimated O Actual (denote source, i.e. bldg. permits) Architect: RICHARD A. HARRISON Builder: ________________ _ Present Owner: BILL GRIMM AND DAVID BRINKMAN
Present Owner Address: 2455 souTHRIDGE DRIVE, PALM SPRINGS, cA 92264 HISTORIC RESOURCE DESIGNATION APPLICATION (8-10-22) KL 4 of 6 8 Item 2A - Page 23
Original Owner: HARRY AND BETTY GARBER
Other notable past owners:_N_1A ___________________________ _ Other Historic Associations: ____________________________ _ Common Name of Property:_G_A_RB_E_R_R_E_SI_D_EN_C_E ______________________ _ Historic Name of Property:_G_A_RB_E_R_R_E_S_ID_EN_C_E ______________________ _ Attach to this application any information, photos, drawings, newspaper articles , reports , studies , or other materials to fully describe the characteristics or conditions that support this application for historic designation.

Architectural Style : POST-AND-BEAM MIDCENTURY MODERN
(Refer to the Architectural Styles chapter of the Citywide Historic Conte xt Statement , under Historic Resources on the Planning Home page (www.palmspringsca .gov).

Period of Significance : Post-World War II Palm Springs (1945-1969 ) (See the Citywide Historic Context Statement Document.) Please list any informat ional reference sources used to complete this application:

PSMC 8.05.070 (C.1 ): Criteria for the Designation of Class 1 Historic Resources.

A site , structure, building or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council , provided both of the following findings are met.

Provide a written description of how the site qualifies as historic resource under one or more of the following criterion :

FINDING 1: The site, structure, building or object exhibits exception al historic significance and meets one or more of the criteria listed below:
i. The resource is associated with events that have made a meaningful contribution to the nation , state or community. 1
ii. The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.
iii. The resource reflects or exemplifies a particular period of national, state or local history . iv. The resource embodies the distinctive characteristics of a type of construction , a period of construction or a method of const ruction. 2
v. The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value. vi. The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.
vii. The resource has yielded or may be likely to yield information important to national , state or local history or prehistory.
1 NOTE: Unlike the National Register criteria, The City's criterion does not consider "patterns of events". For consideration of "patterns of events", use Criterion "iii", reflecting a particular period. 2 Unlike the National Register criteria "type, period of method of construction relates to construction only' For design theme or characteristics use Criterion "iii" (period) or Criterion v (high artistic value).

HISTORIC RESOURCE DESIGNATION APPLICATION (8-10-22) KL 5 of6 9 Item 2A - Page 24
FINDING 2: The site, structure, building or object retains most if not all of the following aspects of Integrity, as established in the Secretary of the Interior's Standards 3: Design, Materials, Workmanship, Location, Setting, Feeling, Association .

PSMC 8.05.070 (C.2) Criteria for the Designation of Class 2 Historic Resources.

A site, structure, building or object may be designated as a Class 2 historic resource, or a Contributing Resource to a proposed historic district by the Palm Springs City Council provided the site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed in Finding 1 above. A Class 2 historic resource is not required to meet the findings for integrity as described in Finding 2 (above).

PSMC 8.05.090 (C) Criteria and Findings for Designation of Historic Districts.

In addition to the criteria listed in Finding 1, to be considered for designation as a Historic District, a defined area must:
a. Contain contributing resources on a majority of the sites within the proposed district which individually meet the criteria in Finding (1). The defined area may include other structures , buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development. (Ident ify list by address and APN number each site / parcel that meets the criteria outlined in Finding 1 above and document how each meets the criteria . b. Identify non-contributing properties or vacant parcels to the extent necessary to establish appropriate, logical or convenient boundaries.
(Identify list by address and APN number each site / parcel within the proposed historic district that is considered non-contributing to the overall historic significance of the historic district.) Please attach any add itional information related to the application as necessary .

Questions : Contact the Palm Springs Planning Department at 760 323 8245. 3 Refer to the U.S. Department of the Interior Bulletin for How to Evaluate the Integrity of a Property.

HISTORIC RESOURCE DESIGNATION APPLICATION (8-10- 22) KL 6 of 6 10 Statement of Significance

Summary
The Garber Residence, 1972, was designed by master architect Richard A. Harrison.

Location
The Garber Residence is located at 2455 Southridge Drive in Palm Springs’ exclusive Southridge development.

The Architect
Richard A. Harrison, AIA (1924-1995)
Richard A. Harrison, widely known as Rick Harrison, made significant strides in the field of architecture, notably in partnership with Donald Wexler during the 1950s. Together, they formed one of the most influential architectural firms in the desert, contributing to the development of what would later be recognized as the Palm Springs School of Architecture. However, Harrison's career is equally distinguished, marked by a series of noteworthy projects highlighting his unique artistic vision.

Born in San Pedro, California, Richard Arnett Harrison was raised in Los Angeles, where he attended University High School, graduating in 1942. He initially worked for Pacific Aviation and subsequently spent three years in the Navy as an instructor in aeronautical engineering. After World War II, Harrison enrolled at Item 2A - Page 25
11 the University of Southern California (USC), earning a Bachelor of Architecture in 1952. During his time at USC, a hub for the post-and-beam architectural style and influenced by the Case Study House program from Arts & Architecture magazine, Harrison honed his expertise in this USC style, which he later brought to his partnership with Wexler, although he often did not receive due recognition for this contribution.

As articulated by Esther McCoy, the USC style is distinguished by its exposed wood post-and-beam structural system, which achieves aesthetic appeal through an asymmetrical yet balanced arrangement of modular, in-fill panels. This post-and-beam construction facilitated an open and flexible floor plan while fostering a strong connection to the outdoors. Patios adjacent to rooms, visible through expansive glazing, extended the living space and created transitional areas between the interior and exterior, embodying the style's emphasis on indoor-outdoor integration. In tribute to its Arts and Crafts origins, McCoy noted that a low-pitched gable with wide eaves and exposed rafter tails typically crowned the building. The commitment to site-specific design was equally important as any architectural feature, treating the existing topography as a partially completed canvas. 1
While still at USC in 1951, Harrison began working as a draftsman for the renowned desert architect William Cody. He contributed to significant projects, such as the working drawings for Cody’s iconic L'Horizon Hotel.

This experience was instrumental for Harrison, but it was his collaboration with fellow draftsman Donald Wexler that became a pivotal aspect of his career.

Harrison joined the American Institute of Architects (AIA) in 1957, with sponsorship from prominent local architects E. Stewart Williams and John Porter Clark. After amicably parting ways with Wexler in early 1962, Harrison embarked on a prolific and notable solo career. Although the split was reportedly due to differing professional interests—Wexler leaning toward commercial and civic projects, and Harrison favoring residential designs—Harrison's portfolio includes a surprising number of non-residential commissions.

Golf-related real estate developments were a significant aspect of Harrison’s career. His designs for the Westward Ho Country Club (1962) in Indio, Canyon Country Club South clubhouse (1963), Palm Desert Country Club (1966, unbuilt), and Marrakesh Country Club (1971) established his reputation in the niche of golf clubhouse architecture in the Coachella Valley, mirroring the earlier success of William Cody.

Additionally, he designed residential units for the pioneering golf developer Johnny Dawson’s Seven Lakes Country Club in Palm Springs (1967-72).

Harrison’s commercial architectural contributions include notable projects such as additions to the Sun Center, as well as the Patencio Building (1965), which, with its intriguing geometrical forms, is another standout project located on the bustling retail corridor of Tahquitz Canyon Way. Collaborations with architect Howard Lapham led to the creation of the Palm Springs National Bank (1964) on South Palm Canyon and the rustic modernity of the Smoke Tree Village shopping center (1964), designed to serve the growing South Palm Springs community.

Harrison also made significant contributions to religious architecture in the Coachella Valley. His design for the University Baptist Church in Palm Desert (1966) is particularly noteworthy, featuring bold geometric angles and a striking interplay of architectural solids and voids. Other religious projects include the Outdoor Item 2A - Page 26
12 Chapel at Desert Memorial Park (1971), the Our Lady of Solitude Parish Center (1974), and the Palm Springs Church of Religious Science (1985).

In residential architecture, Harrison's work encompassed a variety of forms. Following his split with Wexler, he designed over 170 houses in south Palm Desert for developers Cliff Henderson and Adrian Schwilck. His multi-unit projects include the three-story Canyon View Condominiums (1966) for developer Roy Fey and the luxurious condominiums at Seven Lakes Country Club (1967-72). Harrison’s design for the Albert Marx Residence (1967) within the exclusive Tamarisk Country Club and the Garber Residence (1972) near the top of Southridge, among other prominent architectural works, demonstrates his versatility and enduring impact on the architectural landscape.2

SOUTHRIDGE
In the 1960s, residential development in Southern California shifted toward the hillsides as the availability of flat, easily accessible land diminished. Engineering advancements facilitated the feasibility and cost-effectiveness of hillside development, while the panoramic views from these elevated locations significantly enhanced their attractiveness. Developers capitalized on this opportunity, with Southridge Estates in Palm Springs serving as a notable example. This development utilized the desirability of hillside living to create a prestigious neighborhood, catering to an elite clientele seeking exclusive and scenic residences.3 This was explained in dramatic text in Palm Springs Life in 1963: “Man’s eternal desire to reach for the stars is reflected in his need to dwell on high ground. The magic combination of the most sun and the most water has attracted people from all over the world to sun flooded Palm Springs and with many of them comes their inborn need to reach for the heights.”4

Item 2A - Page 27
13 Full-page advertisement for Southridge, “Palm Springs Life,” August 1963.

Item 2A - Page 28
~-
SouTHruDGE e-.,tJ
The gates of Southridge guard for all time the privacy of your properly. Protected too are the sweeping panoramic views of the desert, mounta ins and city . . . the spa cious homesites at South ridge are engineered to guarantee these magnific ent vista s ..

You ore invited to enjoy a drive up the private palm-lighted entrance to Southridge ... Palm Springs' most prestigious homesites.
3333 East Palm Canyon Drive
Palm Springs, California
Telephone: 327-2666
14 From “Palm Springs Life,” August 1963. The caption read “Southridge developers – Richard Rahn, seated, William Anable, left, and E. Alan Petty.”
Conceived in 1959, Southridge was the idea of a group of unlikely partners. They included Richard Rahn, who had been a contractor in Palm Springs for the previous fifteen years; Alan Petty, a former schoolteacher, owner of the Herbert Burns-designed Desert Hills Apartment Hotel, and resident for fourteen years; and William Anable, an assistant in the tile business and Palm Springs resident for five years. They were joined by a limited partner. J. Overholtser, an Encino and Palm Springs investor.5 The partners bought approximately fifty acres, and in 1960, Tract 2082, with twenty-two parcels, was created.

They planned a second phase that would include twenty-four more homesites, however, that was scaled back a bit. Tract 2082, subdivided in 1965, included twenty parcels.6 The lots varied in size and cost, from $25,000 to $65,000; the smallest lot was approximately 3,000 square feet.

From Highway 111, an impressive thirty-three-foot wide curbed and lighted palm-lined roadway was created, leading to a gate with a guard house. “To insure privacy to the people who build in the Southridge development, the partners are installing a new electronic gate, which will open when a signal is activated from a car by the resident driver. Homeowners will also have keys which will be made available to guests they wish to have enter the development, and during the daylight hours a guard is on duty to work the gate.”7 Once through the gates, one “begins the mile-long Palm lighted drive toward the crest of the hills, he is impressed Item 2A - Page 29
15 with the exciting change of scene with every gentle turn and slope. Broad views open up the wonder of the entire valley below unfolds ever changing patterns.”8
The developers created a comprehensive list of building restrictions to ensure the development would remain cohesive and appealing. Homes had to be a minimum of 1,800 square feet, and roofs could not be higher than the level of the lot behind it. “Colors and landscaping are kept to those favoring the entire project. The developers even ask that plantings which discourage flies and bugs be used throughout”9 It was noted at the time that “the breathtaking views are protected for all time; they can never be blocked. All utilities are underground, further the value of panoramic vistas from every angle.”10

First house completed at Southridge. From “Palm Springs Life,” August 1963.

The developers retained designers and builders Ross Patten and Duke Wild for the Southridge development group, and several early houses were created by them. Other notable architects were William F. Cody, John Lautner, Hugh Kaptur, Charles Du Bois, and George MacLean. Southridge attracted a host of famous people, including actors Steve McQueen, William Holden, and Bob Hope.

Item 2A - Page 30
Tbe be1111ti/11/ bi/Ito/) bo111e of /1ulwtri,1/i sl Max Stoffel (il/j ert) , tbe firs/ re, iden ce Jo be co11Jlruct ed in Southrirlg e.
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16 Desert Sun advertisement, November 22, 1963.

The second phase of Southridge announced, Desert Sun, January 8, 1965.

Item 2A - Page 31
Tho 9-•os of Soulhridgo guord for 111 limo tho pri•1cy of your prop erty. Pro +.c•ed, too, •r• the sweeping p1nor1mic views of the desert , mount1ins tnd city ••• the 1p1cious homesites •t Soufhridge .re 1n9ineer1d to 9uu1 nf•• these m1gn ific1nt vistu .

Ava il1bl1 now art two prut igous new homes. Luxuriously furnished e nd on dis ploy doily.
~ou art invited to 1njoy
1 1 drive _up the priv~f• p1lm-li9ht1d 1ntr1nc1 to South r,dgo ••• Polm Springs only h,lltop hom os,los .
-(),ON IVININ•S-
JJJJ lat ,_ c:-, .. Drive, Polm •'-• Callfwale. T ........ : 327-266' NOW OPEN!
Southridge Unit 2
CTU•N •tGHT OFF HIWAY 111 ON SOUTH •10GI Dlt
GO P'AST UOP'IC HILLS DEVELOP'MENT ' • Mill
TO SOUTHltlDGE-ON TOP' OF THE MOUNTAIN)
Custom Viewsite ueu with underground utilities
-where tranqu ility rules-Inquire about
attract ive discounts now be ing offered.

RUSSELL WADE, Realtor
Call Anne Wem , Southridg• Office
3333 East Palm Canyon Drive 327-266&
17 The first phase of the development of Southridge, Tract No. 2082, in 1959, had twenty-two parcels available.

Tract 2928 was Southridge’s second phase, and offered twenty parcels.

Item 2A - Page 32
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18 ARCHITECTURE OF THE GARBER RESIDENCE
The Garber Residence is a roughly 2,700-square-foot custom-designed single-family residence. Designed by architect Richard A. Harrison on an eight-foot grid, the post-and-beam home features a large combination living-dining room with a fireplace, and an adjacent study. The house has two bedrooms and two-and-a-half bathrooms. The house utilizes simple materials to create an exceptional custom home: besides the dark brown-painted wood posts and beams, the house is built using 8”x6”x16” off-white split-face concrete block, heavily-textured off-white stucco, with anodized bronze-tinted aluminum-framed glass sliding doors, fixed glazed panels, and windows. While much of the house had a flat roof, the central volume over the spine of the house has a pitched roof, covered in terra-cotta barrel roof tiles. White dolomite stone veneer embellishes the fireplace. Preliminary plans featured a white crushed rock “Tropicool” roof on the pitched roof, but that was replaced during construction with barrel roof tiles. (Granada “Ramon” one-piece straight barrel (smooth) was indicated by architect Harrison on the as-built drawings).

CARPORT:

The house begins on Southridge Road, with a three-car covered post-and-beam carport. (4”x6” posts with 6”x14” beams; four 6”x14” posts from where the carport roof shades entry court below, these posts rest on top of the house or pass through the house?). The left wall of the carport is a heavy double wall of blocks; the back wall block has a closet; the right wall is open with a pony wall; with an 8”x6”x16” off-white split-face concrete block wall surrounding it. On the back wall of the carport, a decorative square panel of veneer tiles with circular patterns was created with marble chips in gold with white circles. (Similar to panels at J. W.

Robinson’s). There is a storage closet on the right behind doors, with utilities on the left of the decorative panel, behind doors. At street level is a block half wall, with a block planter in front. This leads to the stairs which take you down to the entry garden.

ENTRY GARDEN:

From the carport, on the right, is a stairway down to the entry court below. There is one flight of stairs, with a landing, and then another flight down to the entry court. The stairs are covered in square terrazzo tiles, which use a white cement ground, with a mix of large and smaller aggregate marble chips in browns, grays, and tans.

From the terrazzo tile steps, one descends to a terrazzo tiled landing, enclosed on two sides by an “L”-shaped planting bed against the glazed walls of the dining area and adjacent hallway. A rubber tree towers over small palms planted in a gravel bed.

From this landing, a narrow access path runs along the side of the house to the pool area. On the other side, the path is steep hillside.

An ornate wrought iron lantern hangs to one side of heavily carved wood double doors with brass casket handles.

Item 2A - Page 33
19 Through the double doors is an 11’x8’ foyer. Here, as in many of the house's public rooms, the flooring is a distinctive creamy-beige textured, rectangular glazed tile, emulating the off-white split-face brick used elsewhere on the house.

LIVING/DINING ROOM
From the foyer, one enters a very large, roughly 18’x39’ combination living/dining room. Though still primarily a post-and-beam house, this room features a pitched roof and has triangular clerestory windows on each end.

The beams for the flat roof run through this pitched volume. Except for a fireplace, the space is enclosed on two sides by sliding glass doors, offering expansive vistas across Palm Springs below. The creamy glazed tile surrounds a huge off-white wool rug in the living room. The room was designed around this carpet, and the tile was not installed underneath for economy.

Though the spectacular views command the eye, the living room's focal point was a large fireplace, a massive rectangular volume going from inside to out, the entire volume clad in dolomite stone veneer in shades of white, beige, tan, and gray. The squared chimney on the exterior is constructed of the off-white split-face concrete block.

The dining area features a wall clad in the same dolomite veneer as the fireplace, with a door to the kitchen.

KITCHEN
The roughly 14’x17’ kitchen has a “U”-shaped working space, with woodgrain laminate cabinets below and a white Formica countertop. The upper cabinets are clad in a vivid orange Formica. There is room for a breakfast nook in the room.

There is a built-in desk with a large window facing the entry garden.

DEN
The comparatively small den (roughly fourteen by fifteen feet) is accessed via the living room through a large opening with an accordion wood-grained door. This cozy spot is entirely paneled in wood, with adjustable wood bookshelves on one wall. There is also a bar in this room, with a white Formica countertop.

BEDROOMS
Down a long hall are the two bedrooms. The first bedroom is just beyond the kitchen, and adjacent to the large storage room and laundry area on the other side of the hallway. This roughly 14’x16’ bedroom has its own bathroom. At the end of the hallway, a door leads to the primary bedroom suite. This consists of a 16’x16’ bedroom, a walk-in closet, and a primary bathroom.

OUTDOOR AREA AND LANDSCAPE
The largest outdoor area is at the north of the site. Here a large Kool Deck paved patio features a large 14’x28’ swimming pool. Steel railing at the perimeter prevents people from dropping off the steep cliff below.

From the northeast corner of this patio, stairs go up to Southridge Drive, through an arched opening. Palms, oleander, and a row of Italian Cypress are planted along Southridge.

Item 2A - Page 34
20 Back down again, the patio continues along the western edge of the residence, coming to a point outside the dining and kitchen areas. A single Mexican fan palm is planted just beyond the concrete. The patio then comes back in again toward the master suite and wraps around to the south side of the residence, creating a walkway along the house in the service area. Various shrubs are planted in the area bordering the patio.

Character-Defining Features of the Garber Residence

Contributing Elements:

• Contemporary post-and-beam flat-roofed residence with a pitched roof volume over the living/dining room.

This volume is covered in terra-cotta barrel tile.
• Off-white split-face concrete brick.
• Open carport.
• Heavily trowelled off-white stucco.
• Kool Deck patio with swimming pool.
• Anodized bronze aluminum sliding glass doors and windows. • Dolomite stone veneer.
• Off-white large aggregate terrazzo tile.
• Decorative tiles with circular patterns of marble chips in gold with white.

CHANGES OVER TIME
The Garber Residence is almost completely intact, having had only one prior owner.

In 1983, architect Rick Harrison returned to design a proposed second story for the house, which would include three bedrooms and three bathrooms. The addition would have been over the existing first-floor bedrooms and part of the kitchen. The addition was never constructed. Harrison’s drawings are below.

Item 2A - Page 35
21 Item 2A - Page 36
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22 In 1986 the roof was replaced, and in 2007, two furnaces were replaced.

Item 2A - Page 37
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23 FIRST OWNERS: HARRY AND BETTY GARBER

From the Desert Sun, June 16, 2013, B10:
“Harry Garber, MD passed away at home on May 21, 2013, with his loving wife of 67 years holding his hand, and Jeanne Meunier, who had taken superb care of him for 3½ years, close by. Harry was born in Chicago on April 21, 1923, to Morris and Yetta Garber, who had immigrated to the United States from Poland. Harry came from humble beginnings. His father was a baker, and the family lived in a 4-room apartment. Harry and his two younger siblings slept in one bed. Their uncle, who was a pharmacy student, slept at the foot of the bed. He used to say, “Harry, be a doctor.” However, his parents had other plans for him. They wanted him to be a rabbi. Therefore, he started Hebrew School at age six, and later studied at the Yeshiva, first in Chicago and then in New York. From a young age, Harry’s teachers discovered he had a beautiful voice, and he sang in the synagogue choir, where the boys were the altos and sopranos, and the men were the tenors and basses.

When Harry was 17, he started to take voice lessons. There he met Betty Jeanne Goldman, age fourteen. He was impressed with her beautiful coloratura soprano voice. Little did he know that five years later she would become his wife. In 1941, World War II began, and Harry joined the Navy Air Corps. After a year of flying open cockpit bi-planes, he was transferred to the V-12 pre-med program, because the country needed doctors. He went to Northwestern University and received a Bachelor of Science degree. He then went to the University of Illinois Medical School, where he received his MD degree. The war ended, and he and Betty were married on December 31, 1945, the day Harry was discharged from the Navy. While going to medical school, Harry also studied to be a cantor in the synagogue. He continued to study voice, became a cantor and Item 2A - Page 38
cozv PARTY - Betty and Harry Garber (left)
welcome neighbor Dolores Hope to a holiday
party at their Southrldge home for Eisenhower
Medical Center doctors and board of direc
tors .
24 then achieved his ambition to sing solo roles in the Lyric Opera of Chicago. He also did concerts for Columbia Musical Artists and traveled around the Midwest doing programs for Community Concerts, while practicing medicine at the same time. Dr. Garber also spent two years in the Army during the Korean War and practiced Obstetrics and Gynecology in Yokohama, Japan, where he delivered over 300 babies. He then practiced medicine in the Chicago suburbs for seventeen years. In 1970, Harry, Betty and daughter Hilary moved to Palm Springs where Harry practiced Obstetrics and Gynecology until the year 2000. Harry, with hard work and a lot of drive, accomplished all the things he wanted to do. He was a Board Certified Obstetrician and Gynecologist, a Fellow of the American College of Obstetricians and Gynecologists, and a Fellow of the American College of Surgeons. He also was a Full Professor at the University of Southern California and drove into Los Angeles every Friday morning to teach the gynecology students. He is survived by his wife Betty, daughter Adrienne Garber, son Dr. Elliott Garber, son Darryl Garber, MD, daughter-in-law Lisha Garber, daughter Hilary Harrington, and son-in-law John Harrington. He is also survived by his brother George Garber, brother Sam Garber, sister-in-law Marietta Garber, four grandchildren, and two great- grandchildren. He was pre-deceased by his sister Lillian Feder and daughter-in-law Jan Garber.” In a Desert Sun article from 1987, Betty Garber was described as a “cute coed” at Northwestern who was enrolled in the School of Speech, whose classmates included Charlton Heston and Patricia Neal. The article continued:

Young Harry was a pre-med student. Well, Betty got pregnant as brides often do Harry went on to the University of Illinois School of Medicine, and Betty graduated from Northwestern six weeks before the baby was born “It wasn’t so fashionable to be pregnant at Northwestern 39 years ago," Harry said.

Afterward, Betty published an article in American Baby magazine called “Baby Goes to College.” Now, of course, Harry is a gynecologist and Betty is a marriage and family therapist (By the way she got her doctorate at Pepperdine).11
The Desert Sun article pointed out that:

Both are at Eisenhower Medical Center Their three children are Hillary, that baby who went to college. Adrienne and Darryl, now a pathologist at EMC. Sixteen years ago the Garbers built one of the first hilltop homes in the Southridge area of Palm Springs. Bob and Dolores Hope are the Garbers’ closest neighbors. Matter of fact, it was they who called the fire department when the Hopes’ home burned down several years ago.

BACKGROUND / HISTORIC CONTEXT

The relatively short history of Palm Springs can be organized into several distinct periods, as defined by the Historic Resources Group’s Citywide Historic Context Statement & Survey Findings. These include the following:
• Native American Settlement to 1969
• Early Development (1884-1918)
• Palm Springs between the Wars (1919-1941)
• Palm Springs During World War II (1939-1945)
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25 • Post-World War II Palm Springs (1945-1969)

EVALUATION:

CRITERION 1 – Significant Events - The resource is associated with events that have made a meaningful contribution to the nation, state or community: The Garber Residence is not affiliated with significant events and does not qualify under Criterion 1.

CRITERION 2 – Significant Persons - The resource is associated with the lives of persons who made a meaningful contribution to national, state, or local history: The Garber Residence was built for Harry and Betty Garber. Neither individual rise to the level of a significant person. The Garber Residence is not affiliated with significant persons and does not qualify under Criterion 2.

CRITERION 3 - The resource reflects or exemplifies a particular period of national, state, or local history: The Garber Residence, designed in early 1970 and completed in 1972, exhibits many stylistic markers that place it directly in the historical context of Palm Springs’ “Post-World War II Palm Springs” period. Though that period ends in 1969 in the Historic Resources Group City Survey from 2015, the Garber Residence was designed just a few months after the end of 1969 and fits into this historic context. This custom -designed residence represents a prime example of significant Postwar architecture for which Palm Springs is internationally known. The home was designed by a top -notch architect for a spectacular lot at the exclusive Southridge development. This custom contemporary post-and-beam structure uses simple materials to create an elegant and luxurious residence. While modern in spirit and function, with off-white split-face concrete block and bronze-anodized sliding glass doors, Harrison used materials and textures like heavily trowelled stucco and red clay roof tiles that honored the Spanish Colonial roots of early Palm Springs. The Garber Residence may be viewed as an essential compone nt of the historical trends that have come to define Palm Springs’ image as a center of notable Modern architecture and landscape architecture, i.e. , a historical movement that exemplifies a particular period of the national, state, or local history. As a remarkably intact example of this period, the Garber Residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 3.

CRITERION 4—The resource embodies the distinctive characteristics of a type, period, or method of construction: The Garber Residence was built using simple but high-quality materials and conventional building methods. Because this Criterion looks for distinctive, unique, or unusual methods of construction, the Garber Residence does not qualify for listing as a Class 1 Historic Resource on the local registry under Criterion 4.

Criterion 5: The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age; or that possesses high artistic value.

High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. Master architect Richard A. Harrison is one of the Coachella Valley’s most admired and influential architects, primarily for his work in partnership with Donald Wexler. Harrison’s own architectural Item 2A - Page 40
26 training at USC immediately following World War II instilled in him the “USC Style,” site -specific post-and- beam architecture, a style which he mastered. The Garber Residence features Harrison’s signature post -and- beam construction but deviates a bit by us ing materials associated with Palm Springs’ earlier Spanish Colonial Revival roots in a wholly contemporary way. Therefore, for its distinctive characteristics representing the Midcentury Modern style, as a master architect's work, and its high artistic va lues, the Garber Residence qualifies as a Class 1 Historic Resource under Criterion 5.

Criterion 6: (That represents a significant and distinguishable entity whose components may lack individual distinction). This Criterion was created to address the resources contained within a potential historic district, and as such, it does not apply to this nomination. Hence, the Garber Residence does not qualify under Criterion 6.

Criterion 7: (That has yielded or may be likely to yield information important to the national, state or local history or prehistory.) The Garber Residence is not likely to yield information important to the national, state or local history or prehistory. Hence, the Garber Residence does not qualify under Criterion 7.

SUMMARY: This evaluation finds The Garber Residence eligible for listing as a Palm Springs Historic Resource under

8.05.070 C.1. a., paragraphs 3 and 5 of the local ordinance’s seven criteria.

Integrity Analysis (using US Secretary of Interior Standards)

INTEGRITY
Integrity is the ability of a property to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain in tegrity (that is, convey their significance) or they do not. The definition of integr ity includes seven aspects or qualities. To retain historic integrity a property will always possess several, and usually most, of the aspects. The retention of specific aspects of integrity is paramount for a property to convey its significance. Determining which of these aspects are most important to a particular property requires knowing why, where, and when the property is significant. The following sections define the seven aspects and explain how they combine to produce integrity.

DESIGN
Design is the combination of elements that create the form, plan, space, structure, and style of a property. It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as communit y planning, engineering, architecture, and landscape architecture. Design Item 2A - Page 41
27 includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials. A property’s design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; type, amount, and style of ornamental detailing. The Garber Residence has been meticulously maintained by its original owners, Harry and Betty Garber. The a pplicants are the second owners of the house and are restoring systems while preserving the original historic fabric and character, to ensure the home’s integrity will remain intact for further generations.

MATERIALS
Materials are the physical elements that were combined or deposited during a period and in a particular pattern or configuration to form a historic property. The choice and combination of materials reveals the preferences of those who created the property and indicate the availability of types of materials and technologies. The Garber Residence’s materials represent the best Midcentury Modern design, with high-quality but simple off-white split-face concrete brick, terrazzo, heavily trowelled stucco, red clay roof tiles, bronze-tinted aluminum, and glass. These original materials survive entirely intact.

WORKMANSHIP
Workmanship is the physical evidence of the crafts of a culture or people during any given period in history or prehistory. It is the evidence of artisans’ labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual components. It can be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innov ative period techniques. Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of bot h technological practices and aesthetic principles. Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery . The Garber Residence displays architect Rick Harrison’s meticulous attention to detail in methods of workmanship. While most of the home’s materials are humble and not extraordinary, decorative features like the geometric aggregate wall tiles, glazed tile flooring, distinctive stone veneer, and hand-trowelled heavy stucco display the work of talented artisans.

LOCATION
Location is the place where a historic property was constructed or the place where a historic event occurred.

The relationship between the property and its location is often important to understand why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in rare cases, the relationship between a property and its historic associations is destroyed if the property is moved. The Garber Residence remains in its original location and, therefore, qualifies in this aspect.

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28 SETTING
Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It involves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer’s concept of nature and aesthetic preferences. The Garber Residence was built in the exclusive Southridge development. Southridge was developed so homesites would take advantage of their spectacular views sweeping over the valley floor and the mountains beyond. Strong architectural guidelines have ensured that only the finest structures and landscapes are built and meticulously maintained. Thus, the setting remains intact.

FEELING
Feeling is a property’s expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property’s historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the nineteenth century . The Garber Residence’s design is evocative of the transitional period in which it was designed and built. Harrison mastered the post-and-beam style while at USC and working in partnership with Donald Wexler. Here, he begins exploring materials associated with Palm Springs’ earlier Spanish Colonial history and incorporating them into his signature modernist aesthetic. The Garber Residence has a scale and presence which still blends well into this unique collection of top - rate, one-of-a-kind custom residences by the all-star architects of the period. Accordingly, the Garber Residence retains its original integrity of feeling.

ASSOCIATION
Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. For example, a Revolutio nary War battlefield whose natural and man -made elements have remained intact since the eighteenth century will retain its quality of association with the battle.

Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support the eligibility of a property for the National Register. The Garber Residence is an important example of a custom-designed Midcentury Modern private residence in Palm Springs. Accordingly, it continues its association with a pattern of events that have made a meaningful contribution to the community.

As a prime contributor to the famed Southridge development, it is an important landmark that helps to tell the history of the Midcentury Modern phase of the development of Palm Springs. Also, its association with master architect Richard Harrison reinforces that history.

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29 INTEGRITY SUMMARY: This integrity analysis confirms that the site, structures, and landscape of the Garber Residence still possess seven aspects of integrity . The Garber Residence is an elegant custom- designed residence by master architect Richard A. Harrison. The Garbers commissioned the home and lived in it for the remainder of their lives, making remarkably few changes, and maintaining it to an excellent standard. It is a key contributor to th e exclusive and important Southridge development. In summary, the Garber Residence still possesses an exceptionally high degree of integrity sufficient to qualify for designation as a Class 1 Historic Resource.

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30 APPENDIXES

OWNER LETTER OF SUPPORT

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May 21 , 2024
City of Palm Springs
Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Honorable Preservation Board,
As the current owners of the Garber Residence, designed by architect Richard Harrison of Harrison and Wexler, at 2455 Southridge Drive, Palm Springs, we are thrilled to support the Class 1 Historic Site designation of our property by the City of Palm Springs. We engaged the Palm Springs Preservation Foundation , primarily Vice President Steven Keylon, to advise and assist us with the preparation of all required nomination paperwork and are grateful for all their work on our behalf.

Please contact us with any questions or concerns at 760-413-0044.

Sincerely,
William Grimm , DO David Brinkman
31 Assessor’s Map and Aerial

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32 General Information
Property ID Number
(PIN/APN)
510260024
Property Address 2455 SOUTHRIDGE DR
Property Type Single Family Dwelling
Tax Rate Area (TRA) 011-003 PALM SPRINGS
Approximate Lot Size 47,480 SqFt / 1.090
acres
Legal Description LOT 6 MB 052/046 TR
2928

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33 Building Permits

Date Owner Permit Type Description of Work
09-18-70 Dr. and Mrs.

Garber
Building Grading permit per plan on file in Dept. of
Plan & dev. 150 cu yds.
09-18-70 Dr. and Mrs.

Garber
Building Const 120 lineal ft. of retaining wall (Raised foundation for carport)
Also: approx. 58 ft. of retaining wall at NW
corner of bldg. site.
10-06-70 Dr. and Mrs.

Garber
Building Const 5 room masonry, wood frame and
stucco dwelling with attached carport. (Split-
level design on hillside lot).
10-16-70 Dr. and Mrs.

Garber
Building Const conc. gunite swimming pool in the
north side yard. Size: 16 & 19 W. x 34 ft.
[Palm Pools contractor]
11-05-70 Dr. Garber Plumbing 1 Private Sewage Disposal System 01-26-71 Harry Garber Electrical 90 outlets including switch & light outlets; 28 light fixtures; 1 meter loop; 1 temporary
service; 2 - 220 volt outlets; 2 - all fixed
appliances 110 volt.
01-27-71 Dr. Harry
Garber
Plumbing 2 bathtubs; 4 lavatories; 1 laundry tray; 2
showers; 2 sinks; 1 garbage disposal; 1
dishwasher; 1 auto. washer; 1 water piping; 2
water heater; 5 gas outlets; 1 permit fee.
04-30-71 Dr. Garber Mechanical 2 – over 100,000 b.t.u; 2 – to and incl. 15 h.p., or to and inclu 500,000 b.t.u.
10-27-71 Dr. H. Garber Building Construct 8’ high X 42’ retaining wall on common property line
05-10-72 Dr. Garber Certificate of
Occupancy
Signed by Harold A. Betz, Chief Building
Inspector.
01-18-06 Harry & Betty
Garber
Building Clean and prepare existing roof and reroof
with fibertite roof system per Manufacturers
specs and UBC. 1 layer Denz Deck and
fibertite roof systems.
07-20-17 Betty Garber Building Replace 2 furnaces and coils

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34 Chain of Title
Primary sources show the chain of ownership for the Garber Residence as follows:

February 11, 1970 Southridge Development Company, a limited partnership, to Harry Garber and Betty Garber, husband and wife.

December 19, 2023 Elliott Mitchell Garber, Successor Trustee of Garber Family Trust – Survivor Trust dated November 24, 1981 to David J. Brinkman and William J. Grimm, as trustees of the Brinkman Grimm Trust dated December 9, 2021.

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35 HISTORIC PHOTOS

Early 1971 Harry Garber looking at early construction
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36 April 1971 – House during construction

November 1971 – House during construction
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37 1972 – Newly completed house showing bedroom windows and western façade.

Early 1973 – The completed house with Palm Springs in the distance.

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38 Early 1973 – From the carport looking over the roof of the house.

Early 1973 – The northwest corner of the house.

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39 Early 1973 – View from the street showing portion of carport and red-tiled roof.

December 1975 – Garber Residence at far left, showing construction of the John Lautner-designed Bob Hope House.

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40 December 1975 – The Bob Hope House under construction, with Garber Residence in foreground at left.

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41 December 1975
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42 December 1975

December 1976. The Hugh Kaptur-designed William Holden residence is seen under construction in the foreground.

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43 Contemporary Photos

Photos by Author, April 2024.

Looking west from Southridge Drive, showing carport and entry stairs.

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44 Post-and-beam carport with storage closets at rear.

The rear wall of the carport features a geometric decorative panel created using tiles made from marble chips.

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45 Detail of marble chip decorative tiles.

The stairs leading from carport area below to entry. Post-and-beam over off-white split-face concrete block. Floor is terrazzo tile.

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46 View northwest over the house from the entry stairs.

View over the house from the top of the entry stairs.

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47 View north over the house from the top of the entry stairs.

The entry stairs seen from the entry area at front door.

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48 Stairs leading from street and carport to entry area garden.

Detail of the off-white split-face concrete block
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49 Detail of the entry stair terrazzo tiles.

The entry area at the front door.

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50 The double door entry to the house.

View of dining area from entry hall.

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51 The living room

The dining area.

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52 View of dining area into kitchen, with hallway to bedrooms at left.

The primary rooms feature creamy glazed ceramic tile flooring. A large section has no tiles placed, and is covered by a large off- white rug in the same dimensions.

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53 View from living/dining area toward entry hall

Looking toward hallway to bedrooms and the kitchen. The wall in the dining area is clad in Dolomite stone veneer.

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54 Woodgrain cabinets in kitchen with original hardware.

Upper cabinets are clad in tangerine laminate.

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55 Desk area in kitchen looks over entry garden.

Enormous walls of glass overlook pool area, with den showing beyond.

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56 Wood paneled den.

View from pool of house and carport above.

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57 South facing façade shows post-and-beam house with pitched roof volume.

Looking northwest from pool area to valley below. The restored chaise lounges are original to the house.

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58 View of house from pool area.

West façade showing Dolomite stone veneer on fireplace, with chimney constructed using the same off-white split-face block as the house.

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59 Door hardware detail, bronze-anodized sliding glass door.

Pitched clay tile-roofed volume of living room, with bronze-anodized sliding glass doors.

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60 West-facing façade.

Exterior wall showing kitchen area.

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61 Bedroom exterior.

Looking toward bedroom from service area.

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62 The long corridor leading from entry area toward pool area.

Looking toward entry stairs from corridor.

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63 Pool and house seen from street.

Arched wrought iron gate leads from street level to pool.

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64 1 “Writing our own program: The USC experiment in modern architectural pedagogy, 1930 to 1960.” Howell-Ardila, Deborah. University of Southern California ProQuest Dissertations & Theses, 2010. 1484253. pages 13-14
2 Adapted from the chapter on Harrison in Steve Treinen’s upcoming book Canyon Country Club: The History and Design of Palm Springs' Garden of Eden, which will be released in 2025 by PSPF. 3 Palm Springs Historic Resources Inventory & Context Statement. Historic Resources Group, 2015. 4 “Southridge: Casual Elegance, Hilltop Living,” Palm Springs Life, August 1963, 13-16. 5 “Southridge Provides New PS Landmark,” Desert Sun, October 27, 1961, 7 6 “Southridge: Casual Elegance, Hilltop Living,” Palm Springs Life, August 1963, 13-16. 7 “Southridge Provides New PS Landmark,” Desert Sun, October 27, 1961, 7 8 “Southridge: Casual Elegance, Hilltop Living,” Palm Springs Life, August 1963, 13-16. 9 “Southridge: Casual Elegance, Hilltop Living,” Palm Springs Life, August 1963, 13-16. 10 “Southridge: Casual Elegance, Hilltop Living,” Palm Springs Life, August 1963, 13-16. 11 “Allene Arthur: The subject of parties is strictly academic” Desert Sun 10 February 1987, B1-2

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ATTA

CHMENT D
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RESOLUTION NO. HSPB #162

A RESOLUTION OF THE HISTORIC SITE PRESERVATION

BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL DESIGNATE
THE DR. HARRY AND BETTY RESIDENCE LOCATED AT
2455 SOUTHRIDGE DRIVE, A CLASS 1 HISTORIC SITE
(HSPB #162), APN #510-260-024.

THE HISTORIC SITE PRESERVATION BOARD ("HSPB") FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, The City of Palm Springs filed an application pursuant to Article Ill, Section 8.05.070 (Procedure and Criteria for Designation of Historic Resources) of the Palm Springs Municipal Code requesting historic resources designation for "The Dr. Harry and Betty Garber" located at 2455 Southridge Drive. The application included a historic resources report ("the report").

C. WHEREAS, on January 22 and 23, 2025, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic resource, accompanied by City staff; and
D. WHEREAS, on February 4, 2025, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #162 was held in accordance with applicable law; and
E. WHEREAS, the HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented.

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS -PART "1", CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C, 1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

1. Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings ("a" and "b'? are met:

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Resolution No. HSPB #162 -The Dr. Harry and Betty Residence

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February 4, 2024
a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
2455 Southridge Drive is a single-family home constructed in the spirit of the Modern Movement. The interiors of privately owned properties are not subject to historic review; however, the application highlights the original interior layout and details which are extremely well-maintained and intended to be preserved. The following is an analysis of the criterion and integrity findings for historic designation. (Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community; No meaningful event is associated with this site, thus does not qualify under Criterion L (Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The home was built for Dr. Harry and Betty Garber and the current owners purchased the property from the family. Based on the information provided in the historic resources report, the site is not associated with individuals that meet this criterion. (Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;
The post-World War II in Palms Springs is described as a period of substantial growth and wealth. A tourist town that focused on part-time residents was now building for full-time residents like the Garbers. As large tracts of developable land quickly transform into residential development, the desire for more privacy and security created a market to develop hillside areas. The architectural movement during this time focused on Modernist principles that utilized simple materials like stucco and post-and-beam construction to create privacy and frame views. This custom-built residence demonstrates a refined use of simple forms and materials to create a home nestled within the dramatic landscape. The architecture responds to the surrounding site context by orienting the building towards the mountain vistas but screening harsh conditions like the desert sun using deep overhangs and canopies. Not only does this home reflect the residential development patterns of this period, it is an exceptional representation of the Mid-century Modern style of architecture that embraces the desert landscape. Criterion iii is met. (Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). The home was constructed using conventional methods and no new building materials or technology was specifically identified. Criterion iv is not met.

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(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
Architect Richard Harrison is a notable figure that has influenced the field of design and architecture at the local level and at the international level through his contribution to the Palm Springs School of Architecture. With many noteworthy projects throughout the Coachella Valley, Harrison was best known for his residential commissions. His formal architecture training at the University of Southern California introduced him to the trends exemplified through the Case Study Houses. He also worked for influential architects and designers like William Cody, E. Steward Williams and John Porter Clark. The design of the Garber Residence reflects the individual genius that Harrison possessed when it came to site design, and the home itself possesses high artistic value as an excellent representation of post-and-beam construction. Based on the association of Harrison and high artistic value of the home, Criterion v for historic significance is met.
(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The resource is not within a historic district and does not qualify under Criterion vi. (Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information is available on any pre-historic significance of the site.

SECTION 2: PART "B" ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

The Dr. Harry and Betty Garber Residence is evaluated based on the following topics of integrity based on the Secretary of the Interior's Standards:

Location.

The home is in its original location on the lot and the building footprint remains intact; therefore, the integrity of location is met.

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Design.

This is a custom-designed home by Richard Harrison that places a strong emphasis on living in the natural landscape. The form and materials are harmonious with the site and have a minimal presence from the street. In fact, the only element seen from Southridge Drive is the low-slung design of the carport and masonry walls. The descent into the sunken garden atrium reveals the simple building shape but the mountain vista through the home reads as the building's elevation, and the sunken placement of the home allows for maximum privacy. The design focuses on spatial experiences and ornamentation is limited to the door hardware, light fixtures, and paving material. From the garden atrium to the edge of the pool patio there is a clear and unobstructed view of the city and surrounding natural landscape. The carport overhang extends over the sunken atrium on wooden beams which also provides a layering of roof forms that adds articulation to the site. The gable roof with red clay tiles departs from the overall aesthetic that consist of rectilinear forms; however, the heavy texture of the stucco walls and glazed floor tiles reflect design queues representative of the Spanish Colonial Revival style of architecture.

The post-and-beam architecture and the stone fireplace are strong visual markers that connect the interior of the home to the exterior spaces in a seamless transition. Little to no change has been made to the original design of the home; therefore, the design integrity remains intact.

Setting.

Materials.

The home was built with building materials that were commonly used during this period but of higher quality. The large expansive floor to ceiling glazing in bronze-tinted aluminum framing defines the general form of the home and the hand-troweled stucco walls and large aggregate terrazzo give the home texture. The roof is mostly flat with a pitched gabled roof over the living room area covered in red clay tile. The specified building materials appear consistent with the original design and appear in excellent condition; thus the integrity of material is met.

Workmanship.

Consistent hand-troweled patterns of the stucco and the seamless integration of architectural features like the stone fireplace and the extruded beams transcend the barriers between interior and exterior space. A high level of workmanship is detected on this site. HSPB finds the integrity of workmanship is intact.

Feeling.

The feeling associated with the Modern Movement of the post-World War II period is conveyed through the simple design of the home. The level of workmanship and preserved setting contributes to the feeling remaining intact.

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Association.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features of the resource are as follows:
• Site design of the property and building footprint of the home angled within the mountain landscape.
• Sunken garden atrium with direct access from the carport using the exterior staircase attached to the southeast section of the retaining wall. • Extended carport overhang across the sunken atrium supported by wooden beams.
• Unobstructed views from the living area looking north. • Continuous extension of the rafter beams from the interior to the exterior of the space and deeper overhangs on the west side of the home. • Fixed floor to ceiling glazing with vertical separations between the panes that form walls of glass dissolving the distinction between indoor and outdoor spaces. • Double door entry and associated hardware.
• Window hardware.
• Wrought iron handrails on the staircase leading into the courtyard/atrium. • Entry light fixture.
• Triangular clerestory windows on the gable ends of the roof. • Exterior location and design of the masonry fireplace and chimney. • Simple grey concrete hardscape and single concrete landing at the base of the sliding glass doors on the north elevation.
• Contemporary post-and-beam flat-roofed residence with a pitched roof volume over the living/dining room. This volume is covered in terra-cotta barrel tile. • Off-white split-face concrete brick walls and planters. • Open carport.
• Heavily trowelled off-white stucco.
• Kool Deck patio with swimming pool.
• Anodized bronze aluminum sliding glass doors and windows. • Dolomite stone veneer.

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• Off-white large aggregate terrazzo tile.
• Decorative mural of tiles with circular patterns of marble chips in gold with white.

Non-contributing elements:
• Metal and cable perimeter fence.

SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA} pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3} (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO CLASS 1 HISTORIC SITES.

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section 8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8. 05.110 "Demolition or Alteration of Class 1 and Class 2 Historic Resources -Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

Based upon the foregoing, the Historic Site Preservation Board recommends that the City Council designate The Dr. Harry and Betty Garber Residence located at 2455 Southridge Drive, a Class 1 Historic Resource (HSPB #162).

ADOPTED THIS FOURTH DAY OF FEBRUARY 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

Nelson, Hansen, Bachman, Herr, Maschka Hitchcock.

None.

Moruzzi.

Rosenow.

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February 4, 2024
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Christopher Hadwin
Director of Planning Services

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT

DATE: February 4, 2025 PUBLIC HEARING

SUBJECT: APPLICATION B Y WILLIAM GRIMM AND DAVID BRINKMAN FOR HISTORIC SITE DESIGNATION OF “ THE DR. HARRY AND BETTY
GARBER RESIDENCE” LOCATED AT 2455 SOUTHRIDGE DRIVE, CASE HSPB #162 (APN 510-260-024) (SY).

FROM: Department of Planning Services

SUMMARY

This request for Class 1 historic designation was submitted by the current owners of the property. This single-family home in the Southridge Estates was designed by architect Richard Harrison during the post-World War II period. The period of significance for this site is 1972.

If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #162, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE DR. HARRY AND BETTY GARBER RESIDENCE” LOCATED AT 2455 SOUTHRIDGE DRIVE , AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB #162, SUBJECT TO CONDITIONS (APN #510-260-024).”

BACKGROUND AND SETTING:

The Southridge area was developed in two phases (Tract 2082 and Tract 2928) with the second phase subdivi ding the area into twenty individual parcels in 1965. Developers Petty, Rahn, and Anable subdivided area and established design guidelines to preserve the character of the development .
1 Residential development along the hillside became
desirable for the exceptional views and privacy these sites have to offer but would have remained undeveloped if not for advancements in engineering.

1 City of Palm Springs Citywide Historic Context Statement “Post-World War II Palm Springs (1945-1969)”, 211.

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AERIAL VIEW OF THE SUBJECT PARCEL.

EAST (FRONT) ELEVATION FROM SOUTHRIDE DRIVE, 2025.

VIEW OF THE HOME FROM THE ATRIUM LOOKING NORTHWEST, 2025.

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Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

January, 2025 Site inspection by members of the HSPB and City Staff.

Ownership Status
December, 2023 Purchased by the current owner.

Historic Context Statement “Post-World War II (1945-1969)” In a period of prosperity and advancements in building technology , hillside lots were no longer off limits. The parcels within Southridge Estates not only provide maximum privacy and security for its residence, but each site is also able to capture incredible panoramic views of the valley.

Context: Post-World War II Palm Springs (1945-1969)
Theme: Post World War II Single-Family Residential Development (1945-1969) Registration Requirements: To be eligible under this theme, a property must:
 Date from the period of significance; and
 Represent an excellent example of an architectural style or method of construction; or be associated with a significant architect or designer; and  Display most of the character-defining features of the property type or style; and
 Retain the essential aspects of historic integrity.

Context: Architectural Styles & Local Practitioners
Theme: Modern Styles of the Post-World War II Era
Sub-theme: Mid-century Modern
Registration Requirements: To be eligible under this theme as an excellent example of its architectural style, a property must:
 Retain most – though not necessarily all – of the character-defining features of the style, and continue to exhibit its historic appearance  If important for illustrating a particular architectural style or construction technique, must retain most of the physical features that constitute that style or technique.

ANALYSIS:

A historic resources report (“the report”), site visit, and city documents and forms are the basis of this staff report. Designed by Harrison, the Garber Residence retains character- defining features associated with the Mid- century Modern style using simple geometric forms, post-and-beam construction, floor to ceiling fenestration, and site-specific design.

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“ Historic Preservation” ). The purpose of the Historic Preservation Ordinance is:

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value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.”

Conditions that apply to Class 1 historic sites or resources:

1. It shall meet the definition of a historic site as outlined in Municipal Code Section

8.05.020.

2. An archival file shall be maintained on the property by the City.

3. It may be qualified as ‘historic’ at the federal, state, and/or county level.

4. A marker explaining the historic nature of the site may be installed in a location viewable from the public way.

5. Compliance with all rules and regulations for Historic Resources and Historic Districts under Chapter 8.05 of the Municipal Code.

6. If designated, the findings in support of designation shall be stated in a resolution of the City Council that shall be recorded with the County Recorders’ office within 90 days of the effective date of the Council’s resolution.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

2455 Southridge Drive is a single -family home constructed in the spirit of the Modern Movement. The interiors of privately owned properties are not subject to historic review; however, the applic ation highlights the original interior layout and details which are extremely well-maintained and intended to be preserved. The following is an analysis of the criterion and integrity findings for historic designation.

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community;

No meaningful event is associated with this site, thus does not qualify under Criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

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(Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;

The post-World War II in Palms Springs is described as a period of substantial growth and wealth. A tourist town that focused on part-time residents was now building for full - time residents like the Garbers. As large tracts of developable land quickly transform into residential development, the desire for more privacy and security created a market to develop hillside areas. The architectural movement during this time focused on Modernist principles that utilized simple materials like stucco and post -and-beam construction to create privacy and frame views. This custom-built residence demonstrates a refined use of simple forms and materials to create a home nestled within the dramatic landscape.

The architecture responds to the surrounding site context by orienting the building towards the mountain vistas but screening harsh conditions like the desert sun using deep overhangs and canopies. Not only does this home reflect the residential development patterns of this period, but it is also an exceptional representation of the Mid- century Modern style of architecture that embraces the desert landscape. Criterion iii is met.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;

Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). The home was constructed using conventional methods and no new building materials or technology was specifically identified. Criterion iv is not met.

(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

Architect Richard Harrison is a notable figure that has influenced the field of design and architecture at the local level and at the international level through his contribution to the Palm Springs School of Architecture. With many noteworthy projects throughout the Coachella Valley, Harrison was best known for his residential commissions. His formal architecture training at the University of Southern California introduced him to the trends exemplified through the Case Study Houses. He also worked for influential architects and designers like William Cody , E. Steward Williams and John Porter Clark. The design of the Garber Residence reflects the individual genius that Harrison possessed when it came to site design, and the home itself possesses high artistic value as an excellent representation of post-and-beam construction. Based on the association of Harrison and high artistic value of the home, Criterion v for historic significance is met.

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The resource is not within a historic district and does not qualify under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information is available on any pre-historic significance of the site.

Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

The Harry and Betty Garber Residence is evaluated based on the following topics of integrity based on the Secretary of the Interior’s Standards:

Location.

The home is in its original location on the lot and the building footprint remains intact; therefore, the integrity of location is met.

Design.

This is a custom-designed home by Richard Harrison that places a strong emphasis on living in the natural landscape. The form and materials are harmonious with the site and have a minimal presence from the street. In fact, the only element seen from Southridge Drive is the low- slung design of the carport and masonry walls. The descent into the sunken garden atrium reveals the simple building shape but the mountain vista through the home reads as the building’s elevation, and the sunken placement of the home allows for maximum privacy. The design focuses on spati al experiences and ornamentation is limited to the door hardware, light fixtures, and paving material. From the garden atrium to the edge of the pool patio there is a clear and unobstructed view of the city and surrounding natural landscape. The carport overhang extends over the sunken atrium on wooden beams which also provides a layering of roof forms that adds articulation to the site. The gable roof with red clay tiles departs from the overall aesthetic that consist of rectilinear forms; however, the heavy texture of the stucco walls and glazed floor tiles reflect design queues representative of the Spanish Colonial Revival style of architecture.

The post-and-beam architecture and the stone fireplace are strong visual marker s that connect the interior of the home to the exterior spaces in a seamless transition. Little to no change has been made to the original design of the home; therefore, t he design integrity remains intact.

Setting.

Materials.

The home was built with building materials that were commonly used during this period but of higher quality. The large expansive floor to ceiling glazing in bronze- tinted Item 2A - Page 93
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aluminum framing defines the general form of the home and the hand- troweled stucco walls and large aggregate terrazzo give the home texture. The roof is mostly flat with a pitched gabled r oof over the living room area covered in red clay tile. The specified building materials appear consistent with the original design and appear in excellent condition; thus the integrity of material is met.

Workmanship.

Consistent hand- troweled patterns of the stucco and the seamless integration of architectural features like the stone fireplace and the extruded beams transcend the barriers between interior and exterior space. A high level of workmanship is detected on this site. Staff finds the integrity of workmanship is intact.

Feeling.

The feeling associated with the Modern Movement of the post -World War II period is conveyed through the simple design of the home. T he level of workmanship and preserved setting contributes to the feeling remaining intact.

Association.

The property is associated with architect Richard Harrison and his design aesthetics are prominently displayed with this home. The pattern and layout of the n eighborhood also remains intact . The integrity of association with a n influential figure and a signif icant period is apparent.

DEFINING HISTORIC CHARACTERISTICS:

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that, contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character - defining features from non- original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features on page 20 of the historic resources report and the staff analysis of important features are listed as follows:

• Site design of the property and building footprint of the home angled within the mountain landscape.
• Sunken garden atrium with direct access from the carport using the exterior staircase attached to the southeast section of the retaining wall. • Extended carport overhang across the sunken atrium supported by wooden beams.
• Unobstructed views from the living area looking north.

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• Continuous extension of the rafter beams from the interior to the exterior of the space and deeper overhangs on the west side of the home. • Floor to ceiling glazing with vertical separations between panes. • Triangular clerestory windows on the gable ends of the roof. • Location and design of the masonry fireplace.
• Simple grey concrete hardscape and single concrete landing at the base of the sliding glass doors on the north elevation.
• C ontemporary post -and-beam flat -roofed residence with a pitched roof volume over the living/dining room. This volume is covered in terra-cotta barrel tile. • O ff-white split-face concrete brick.
• Open carport.
• Heavily trowelled off-white stucco.
• Kool Deck patio with swimming pool.
• Anodized bronze aluminum sliding glass doors and windows. • Dolomite stone veneer.
• Off-white large aggregate terrazzo tile.
• Decorative tiles with circular patterns of marble chips in gold with white.

Non-contributing elements:
• Metal and cable perimeter fence.

ENVIRONMENTAL ASSESSMENT:

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

NOTIFICATION:

Pursuant to section 8.05.140 of the Municipal Code of Palm Springs, all residents within five hundred (500) feet of the subject property have been notified and notice was published in a newspaper of general circulation.

CONCLUSION:

The Harry and Betty Garber Residence meets the definition of a historic resource based on Criterion 3 and 5 of the Palm Springs Historic Preservation Ordinance and meets the necessary integrity fin dings to support its historic significance; therefore, staff recommends Class 1 Designation as a historic landmark property.

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PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: Christopher Hadwin, Director of Planning Services

Attachments:

A. Vicinity Map
B. Draft Resolution
C. A pplication, related background materials, photos.

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EXCERPTS OF MINUTES

At the Historic Site Preservation Board meeting of the City of Palm Springs, held February 4, 2025, the Historic Site Preservation Board took the following action:

2.A. AN APPLICATION BY WILLIAM GRIMM AND DAVID BRINKMAN FOR HISTORIC SITE DESIGNATION OF THE DR. HARRY AND BETTY
GARBER RESIDENCE LOCATED AT 2455 SOUTHRIDGE DRIVE, (APN 510-260-024) CASE: HSPB #162 (SY).

Vice Chair Rosenow recused from this item due to his affiliation with the Palm Springs Preservation Foundation (PSPF).

Associate Planner and Historic Preservation Officer Sarah Yoon presented the staff report and answered questions of the board.

Dr. William Grimm, owner, and Stephen Keylon, author of report by Palm Springs Preservation Foundation (PSPF), spoke and answered questions of the board.

Motion by Member Maschka Hitchcock, seconded by Chair Nelson, to adopt the revised list of character-defining features and recommend that the City Council designate the “Dr. Harry and Betty Garber Residence" as a Class 1 Historic Site, HSPB #162, subject to conditions (APN #510-260-024), and a determination pursuant to CEQA that this action is not a project.

AYES: Nelson, Bachman, Hansen, Herr, Maschka Hitchcock.

ABSENT: Moruzzi.

RECUSE: Rosenow.

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CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 BUSINESS & LEGISLATIVE

SUBJECT: APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT NO. A9173 WITH ARCHITECTUAL RESOURCES GROUP
INC., IN THE AMOUNT OF $ 270,761 FOR ADDITIONAL

CONSTRUCTION AD MINISTRATION SERVICES AND COURTYARD
DESIGN, APPROVE TASK ORDER NO. 1 UNDER ON -CALL
AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT OF
$397,500 FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES, AND APPROVE ADDITIONAL CONTINGENCY IN THE AMOUNT OF $2,170,000 FOR PLAZA THEATRE
REHABILITATION, CITY PROJECT 18-04

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of the subject amendment, task order, and additional contingency will allow the City to complete the Plaza Theatre Rehabilitation Project.

RECOMMENDATION:

1. Authorize the City Manager to approve Amendment No.4 for additional construction administration services and courtyard design , which is nearly $109,000, with Architectural Resources Group Inc., in an amount of $270,761;

2. Authorize the City Manager to approve a task order for additional project management and inspection services from on -call engineering service firm, Dudek, Inc., in an amount of $397,500;

3. Delegate authority to the City Manager or designee to approve and execute additional amendments and construction contract change orders up to a total amount of $2,170,000 with all amendments and change orders reported to the City Council;

4. Authorize the City Manager or his designee to execute all necessary documents.

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March 27, 2025 -- Page 2
Approve Amendment, Task Order, and Additional Contingency for Plaza Theatre Rehabilitation, CP 18-04

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for Architectural Resources Group Inc. (ARG) and Dudek, Inc. (Dudek) are included as Attachment A.

BACKGROUND:

Located at 128 South Palm Canyon Drive, the Plaza Theatre (Theatre) opened in 1936.

The Theatre was commissioned by heiress Julia Carnell and designed by lead architect Harry Williams. Its atmospheric design hearkens to grand movie palaces, while its Spanish Colonial Revival exterior was typical of many buildings of the era in Palm Springs.

In 1991, the Theatre was designated City of Palm Springs Class 1 Historic Site #22. While the Palm Springs Follies ran for 23 years, the Theatre has sat primarily empty since 2014.

On July 28, 2022, the City Council approved Professional Service Agreement No. A9173 with Architectural Resources Group Inc. for the Plaza Theatre Design Services for a maximum contract amount of $1,047,994. The completion of the plans, specifications, and estimate (PS&E) took approximately 11 months to complete (June 2023). The following month, following City Council approval of the PS&E, the Project was advertised for bidding through the local newspaper, plans rooms, and the City’s online procurement program PlanetBidsTM to allow for the submission of bids electronically.

On December 14, 2023, following review of all five (5) bids received with the Plaza Theatre Foundation and City Management, Woodcliff Corporation was awarded a construction contract in the amount of $26,322,000. Construction started in March 2024 and is currently on-going. Please see Figure 1 below for pre-construction conditions vs current conditions. It should be noted, this project was largely able to move forward through the efforts of the Plaza Theatre Foundation. The Foundation was able to fundraise more than $9.5 million, and in addition, secured a grant through the State of California for $2.5 million. In addition, the City contributed $2 million for design for a total of $14 million initially raised by the Foundation. Fundraising efforts continue today. The Plaza Theatre Foundation has committed to $24 million in funding which amounts to approximately 65% of construction costs, including architectural and engineering services. The additional $10 million will be paid back to the City over time , which was agreed to by the Foundation and the City in a previously executed agreement.

Item 3A - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Approve Amendment, Task Order, and Additional Contingency for Plaza Theatre Rehabilitation, CP 18-04

Item 3A - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
Approve Amendment, Task Order, and Additional Contingency for Plaza Theatre Rehabilitation, CP 18-04

Figure 1 – Construction Progress Pictures
By June 2024 , the City had authorized three (3) amendments with ARG. The first amendment approved additional design services, in the amount of $13,205, for east alley way accessibility compliance and improvements for backstage access. The second amendment approved additional design services, in the amount of $28,675, for additional bid support and design clarifications due to the extended bidding period and questions/comments received from bidders. The third amendment was approved in the amount of $89,313 for additional construction support services due to unforeseen issues and discoveries during demolition and additional time needed for extension in working days needed which extend the construction contract time.

STAFF ANALYSIS:

The project remains on track to be substantially completed by Oct ober 2025. Dudek’s original proposal was based on the original February 2025 project completion timeline.

Since then, there have been additional working days added to the construction timeline through October 2025. There will also be some additional project close -out work done following the substantial completion in October. Dudek submitted a proposal for additional costs associated with this additional time in the amount of $ 397,500. A copy of their proposal is included as Attachment B.

In March 2025, due to the number of working days added and increase site visits needed, Staff requested that ARG be onsite more often to keep the project on schedule. ARG submitted a proposal to amend their contract support line item in the amount of $161,863.

In addition, the west entry courtyard of the Plaza Theatre, fronting Palm Canyon Drive, is in need of repair and relocation of utility lines that are currently on the face of the theatre.

ARG submitted a proposal to amend their contract line items for architectural, civil, electrical, and rendering design services in the amount of $108,898. These two proposals have been combined for $270,761 and included as Attachment C.

Additional expenses for required health and safety and building code compliance include interior fire suppression and exterior courtyard ingress and egress improvements. In Item 3A - Page 4
City Council Staff Report
March 27, 2025 -- Page 5
Approve Amendment, Task Order, and Additional Contingency for Plaza Theatre Rehabilitation, CP 18-04

addition, there will be IT requir ements that consist of wireless network equipment, cameras, and a server room. These improvements are deemed to be essential to complete construction and ready the building for opening. These essential additions total $1.35 million.

The Theatre management and operations team has also identified several equipm ent substitutions that would enhance functionality and the success of the theatre; however, it would increase costs to the project. Substitutions being considered include a larger, more functional screen that would better serve the Palm Springs International Film Festival among other users which will cost approximate ly $200,000. Upgraded audio-visual equipment, more than originally budgeted , at a cost of $300,000 and miscellaneous building enhancements to improve the customer experi ence at approximately $70,000 bring the desirable substitutions and enhancements to approximately $570,000.

In the original funding request, the Plaza Theatre Foundation agreed to turn over $9.5 million in cash raised through fundraising and future pledged commitments. To date, the Foundation has transferred $8.75 million of that commitment to the City . The City will need to advance the balance of $750,000 to ensure there are no delays in construction and the Foundation wi ll pay the City when those dollars are raised through future fundraising efforts.

In the original budget, the City had allocated $2.5 million for start-up costs. That budget has been reduced by the City to $2 million and the $500,000 savings will be moved to the construction budget to contribute to these additional needs.

For these reasons, additional contingency funds of $2.17 million are requested to ensure that the project may be completed timely and in a manner that facilitates the successful operation of the Historic Plaza Theatre for generatio ns to come. Total request for additional funding, including the contract extensions for the Engineer and Architect , is $2.84 million.

ENVIRONMENTAL ASSESSMENT:

The Plaza Theater improvement project for which the aforementioned agreement s are being considered was evaluated pursuant to CEQA by the City’s Historic Site Preservation Board (“HSPB”) on March 7, 2023, via Case #3.1149 – HSPB #22A as required under the City’s Historic Preservation Ordinance, (Chapter 8.05 of the Palm Springs Municipal Code). At that time the HSPB evaluated the project and determined it to be Categorically Exempt from further analysis under CEQA as a Class 31 exemption because the project proposed a restoration, rehabilitation, maintenance, and preservation of the building in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Resources.”

At that time, the HSPB made affirmative findings pursuant to PSMC Section 8.05.110 and granted a Certificate of Appropriateness for the project.

Item 3A - Page 5
City Council Staff Report
March 27, 2025 -- Page 6
Approve Amendment, Task Order, and Additional Contingency for Plaza Theatre Rehabilitation, CP 18-04

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 2A – Improve City Facilities, prioritize deferred maintenance. The Plaza Theatre is a public building that has been out of commission for some time. These improvements will provide updates to the building that will allow it to be used by the public once again as a movie theater, performance, and meeting space.

FISCAL IMPACT:

The total amount of the request will be appropriated out of the deferred maintenance internal service fund. The amount appropriated if approved is $2,838,261. Note, at the beginning of the project, the initial contingency was 12.5%. After talking with Dudek, Woodcliff, and ARG, it was found that a 20% contingency is more common for historic rehabilitation projects. With the additional requested funds, this brings the total contingency for the project to 20%. If/when the Plaza Theatre Foundation returns the $750,000, the amount needed will be reduced to $2,088,261.

Expenses for relocating Kalura patio dining and other legal expenses are still being negotiated and not included in the construction budget. Any further expenses for legal settlements will come from the City’s Risk Management Fund.

REVIEWED BY:

Acting City Engineer Francisco Jaime, PE
Deputy City Manager:

Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Form Disclosure – ARG and Dudek
B. Dudek Proposal
C. ARG Proposal

Item 3A - Page 6

Attachment A
Item 3A - Page 7
Item 1M - Page 5
Item 3A - Page 8
Item 1M - Page 6
Item 3A - Page 9

Page 22 of 50 ends

Palm Springs City CouncilMarch 27, 2025

Palm Springs City Council
March 27, 2025