Agenda packet, regular meeting, second session — Palm Springs City Council, November 12, 2025 (part 5 of 8)

Item 1U - Page 11
Reference
9 Owner Address APN Existing Use Surplus /Excess Acreage SF

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]
City of Palm Springs / Housing El Dorado Boulevard (no
501-401-039 Vacant Land 0.21 9,148
9,583
Successor address)

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]
10 City of Palm Springs Rosa Parks Road (no address) 669-353-001 Vacant Land 0.22

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Item 1U - Page 12
V. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A9206

WITH SAME DAY EXPRESS, DBA SIGNATURE SCULPTURE, FOR

CLEANING AND MAINTENANCE OF PUBLIC ART
RECOMMENDATION:

1. Approve Amendment No. 3 to Agreement No. A9206 with Same Day Express LLC, dba Signature Sculpture, for the cleaning and maintenance of additional public art pieces, for an additional amount of $134,905, and a revised amount not to exceed $274,704.50.

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

Item 1V - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A9206 WITH

SAME DAY EXPRESS, DBA SIGNATURE SCULPTURE, FOR CLEANING

AND MAINTENANCE OF PUBLIC ART
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

This action approves Amendment No. 3 to Agreement A9206 with Same Day Express LLC, dba Signature Sculpture, in the amount of $134,905 for a revised contract amount not to exceed $274,704.50 to add sixteen (16) new public art installations to the Cleaning and Maintenance of Public Art Agreement.

RECOMMENDATION:

1. Approve Amendment No. 3 to Agreement No. A9206 (Attachment A) with Same Day Express LLC, dba Signature Sculpture, for the cleaning and maintenance of additional public art pieces, for an additional amount of $134,905, and a revised amount not to exceed $274,704.50.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form is included as Attachment B to this staff report.

BACKGROUND:

On September 12, 2022, the City of Palm Springs entered into Agreement No. A9206 (Attachment C) with Same Day Express dba Signature Sculpture ("Contractor") for the cleaning and maintenance of public art within the City. The original three-year agreement had a contract price of $128,905. The Agreement was first amended on March 13, 2023 (Attachment D), and on February 3, 2025, Amendment No. 2 (Attachment E) was approved, increasing the total compensation to $139,799 for the addition of 29 art pieces, and extending the term through August 31, 2027.

Item 1V - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Art Maintenance Agreement Amendment
On November 6, 2025, the Public Arts Commission recommended approval to the City Council of Amendment No. 3 to increase annual compensation by $43,480 for Fiscal Year 2026, and $91,425 for Fiscal Year 2027, for a total increase of $134,905, not to exceed a total contract amount of $274,704.50.

STAFF ANALYSIS:

On September 12, 2022, the City of Palm Springs entered into Agreement No. A9206 with Same Day Express, dba Signature Sculpture ("Contractor"), for the cleaning and maintenance of public art within the City. The original three-year agreement had a contract price of $128,905.

The agreement has been amended twice previously:
 Amendment No. 1 (March 13, 2023): This amendment added services for the repair of the "Chairman of the Links" art piece, in the amount of $895.00 bringing the total contract price to an amount not to exceed $128,905.  Amendment No. 2 (February 3, 2025): This amendment expanded the scope of work to include seven art pieces at the Palm Springs International Airport, increased compensation by $9,999.50, bringing the total contract amount to $139,799.50 and extended the contract term to August 31, 2027.

The proposed Amendment No. 3 will further revise the scope of services to include the regular cleaning and maintenance of eighteen (18) additional art pieces located throughout the City, for a total of 40 art pieces to be cleaned twice a year. These new pieces to be added include the Pillars on East Tahquitz Canyon Way, Creature Alley, Artscape in the Park, and Beautiful Shade.

Services for the new pieces, as detailed in the attached Exhibit A2, will primarily consist of washing with non-ionic soap and deionized water and applying wax, performed twice annually. This amendment increases the contractor's compensation by $134,905. The total compensation for the agreement, as amended, will not exceed $274,704.50.

This amendment ensures that the City's growing collection of public art is properly and professionally maintained, preserving the condition and longevity of these valuable community assets.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

Item 1V - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Art Maintenance Agreement Amendment
In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action is for maintenance of public art which supports Strategic Plan Framework Overarching Principle of Social Equity, Broad Goals of Economic Development, Infrastructure, and Community Services.

FISCAL IMPACT:

This action will increase the total compensation under Agreement No. A9206 by $43,480 in Fiscal Year 2026, and $91,425 in Fiscal Year 2027, for a total increase of $134,905 and a total contract not to exceed amount of $274,704.50. Fiscal Year 2026 funds for these services are in the Public Arts Fund budget. Work to be performed during Fiscal Year 2027 are included in the Fiscal Year 2027 Budget.

REVIEWED BY:

Department Director: Jay Virata
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 3 to Agreement No. A9206
B. Public Integrity Disclosure
C. Agreement A9206
D. Amendment No. 1 to A9206
E. Amendment No. 2 to A9206
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ATTACHMENT A
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AMENDMENT NO. 3 TO THE CLEANING AND MAINTENANCE OF
PUBLIC ART AGREEMENT NO. A9206

BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS

DBA SIGNATURE SCULPTURE

1. Parties and Date.

This Amendment No. 3 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of ________, 2025, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California, (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”), for an initial three-year term, commencing on September 1, 2022, and ending on August 31, 2025, for an amount not to exceed $128,905.

2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of the art piece, Chairman of the Links, due to damages found during routine cleaning for an additional amount of $895 for a revised contract amount not to exceed $129,800.

2.3 Amendment No. 2. On February 3, 2025, Parties entered into Amendment No. 2 to the Agreement to modify the scope of services to add seven art pieces located at the Palm Springs International Airport to the cleaning schedule, for an additional amount of $9,999.50 for a revised contract amount not to exceed $139,799.50, identify accounts payable process for the Airport, and extend the contract term through August 31, 2027.

2.4 Amendment No. 3. The City and Contractor desire to amend the Agreement to modify the scope of services to add eighteen (18) art pieces to the cleaning schedule for an additional amount of $43,480.00 for Fiscal Year 2026, and $91,425.00, for Fiscal Year 2027, for a total increase of $134,905.00, and a revised amount not to exceed $274,704.50.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Amendment Section 1.1 Scope of Services of the Agreement is hereby amended in its entirety to read as follows:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A”, Exhibit “A1”, and Exhibit Item 1V - Page 6
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“A2” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A", Exhibit “A1”, and Exhibit “A2” includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.”

3.2 Amendment Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to reach as follows:
“3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”, Exhibit “A1”, and Exhibit “A2”. The total amount of Compensation shall not exceed $274,704.50.”

3.3 Amendment. Section 3.2 Method of Payment of the Agreement is hereby amended in its entirety to reach as follows:
“3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A”, Exhibit “A1”, and Exhibit “A2” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.”

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES
By: ______________________________ By: _____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: _____________________________ Date: ____________________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _11/12/2025 Item No. _____
APPROVED AS TO FORM: ATTEST:

By: ______________________________ By: _____________________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – up to/over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A2”
Contractor shall provide cleaning services for sixteen additional art pieces located throughout the City of Palm Springs.

Scope/Compensation
Pillars East Tahquitz Canyon Way
• Art Piece: Equality
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Community
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Civility
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $570.00 x 2 = $1,140.00.
o Total: $1,140.00 Annually.
• Art Piece: Diversity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Serenity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $570.00 x 2 = $1,140.00.
o Total: $1,140.00 Annually.
• Art Piece: Creativity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.

Creature Alley
• Art Piece: Blue Belly Crab - orange (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.

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• Art Piece: Prince - green (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Red Dragon (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Yellow Warbler (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Dancing Rhino (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.

Artscape in the Park
• Art Piece: Spegody *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,850.00 x 2 = $5,700.00.
o Total: $5,700.00 Annually.
• Art Piece: Rover *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $3,800.00 x 2 = $7,600.00.
o Total: $7,600.00 Annually.
• Art Piece: Dancer 6 *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,660.00 x 2 = $5,320.00.
o Total: $5,320.00 Annually.
• Art Piece: Shapes and Sizes *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $3,040.00 x 2 = $6,080.00.
o Total: $6,080.00 Annually.

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Beautiful Shade
• Art Piece: Dragonfly *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,280.00 x 2 = $4,560.00.
o Total: $4,560.00 Annually.

Other Locations
• Art Piece: Crawler (Museum Way)
o Service: Wash & Hand Wax.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders.
o Price: $1,900.00 x 2 = $3,800.00.
o Total: $3,800.00 Annually.
• Art Piece: TOT (Swim Center)
o Service: Wash
o Frequency: Twice Annually.
o Price: $225.00 x 2 = $450.00.
o Total: $450.00 Annually.

Compensation
FY 2026 FY 2027 Total
New Pieces: 8,845.00 56,790.00 65,635.00
Existing Pieces: 34,635.00 34,635.00 69,270.00
Annual Total 43,480.00 91,425.00 134,905.00
• Waxing to include several coasts of “bowling wax.”
• Washing to be done with a non-ionic soap & deionized water • Contractor to provide all material and supplies needed to complete services. *Art pieces recently installed or not yet installed may not require cleaning and maintenance servicing during the first fiscal year (July 1. 2025 to June 30, 2026).

Item 1V - Page 12

ATTACHMENT B
Item 1V - Page 13

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal 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 Fiduciaries (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 __________________________ 11
79350 Four Paths Lane, Bermuda Dunes CA 92203
CA
SAME DAY EXPRESS LLC dba Signature Sculpture
BRETT FIORE Type text here
100% INTEREST
Type text here
Item 1V - Page 14
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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 BRETT FIORE, Owner/Operator
06/20/22
Item 1V - Page 15

FORNIA THAT THE FOF
ure of Disclosing Party, Prir
Bre-tr t=UJ-r~
~ETT FIORE, Owner/0

ATTACHMENT C
Item 1V - Page 16

CONTRACT ABSTRACT
Contract prepared by: Leigh Gileno
Submitted on: 9/8/2022 By: L.Gileno
Note:

Contract
Company Name:

Company Contact:

Summary of Services:

Contract Price:

Funding Source:

Contract Term:

Same Day Express LLC DBA Signature Sculpture Restoration Brett Fiore
Art Cleaning, maintenance, and art restoration services $34,635,00 annually Plus one-time restoration costs for specific Art pieces as outlined in the contract – Total cost $128,905.00 TBD
3 years
Contract Administration
Lead Department:

Contract Administrator:

Community & Economic Dev.

Jay Virata
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date:

Agenda Item No./ Resolution No.:

Agreement No:

September 1, 2022
V1.

A9206
Contract Compliance
Exhibits:

Signatures:

Insurance:

Bonds
Yes
Yes
N/A
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CONTRACT SERVICES AGREEMENT A9206

CLEANING AND MAINTENANCE OF PUBLIC ART
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a art conservator to provide the City with Cleaning and Maintenance of Public Art (“Project”).

B. Contractor has submitted to City a proposal to provide cleaning and maintenance of the city owned public art, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $128,905.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 19

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(3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of Three years, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Brett Fiore, Owner Operator. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 20

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employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Brett Fiore Owner/Operator
Danny Vergara Supervisor and Patinur
Miguel Cortes Tech 2 and Patinur.

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 21

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with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 23

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shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment 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”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:

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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 Contractor 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.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Signature Sculpture
Attn: Brett Fiore
79350 Four Paths Lane
Bermuda Dunes, CA 92203

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE SCULPTURE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. _________ APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC 9/8/2022
9/12/2022

1.V A9206 09/01/2022
Item 1V - Page 27
r=DocuSigned by:

L ~6
~ DocuSigned by:
~~~

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Performance
And
Schedule of Compensation
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1.1 Background:

There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art.

At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces.

1.2 Scope:

A. The Contractor shall provide various levels of cleaning and maintenance of the art pieces outlined below that are located throughout the City to maintain a high standard of cleanliness and appearance for public viewing and enjoyment.

1. Cleaning includes dusting, washing, waxing. It also includes removing graffiti (if graffiti can be removed with standard cleaning procedures), grime, residue from irrigation, bird droppings, gum and other environmental factors according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings, etc., according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.

B. Repairs and Restoration– The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks.

C. The City of Palm Springs relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in this scope of work and to have included in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the Contractor’s agreement which do not involve a substantial change from the general scope of work identified in this Scope of Work.

D. The Contractor will be required to provide high resolution color photographs of all artwork of the before and after treatment with their invoice outlining details of work performed and any condition issues encountered as a part of their work.

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E. Due to the security set forth by the TSA, please carefully review the following section below:

Contractor will be required to comply with all federal security programs and will be responsible for all time and costs associated with obtaining Security IDs. PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport.

The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com For more information on badging requirements, please visit:
http://www.palmspringsca.gov/government/departments/aviation-palm-springsinternational-airport-psp/doing-business-at-psp/airport-administration/operationsand-security F. The following Art collection and Locations to be cleaned and maintained are as follows:

1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way:

Piece – repair needed and then bi-annual cleaning.

2. “Young Basketmaker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning.

3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning

4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning.

5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning.

6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning.

7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning.

8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning.

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9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning.

10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning.

11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning.

12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing.

13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning.

14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning.

15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then biannual cleaning.

16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning.

17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning.
.

18. John Clement Pieces: bi-annual cleaning
o Red: “Butch”, 370 San Rafael Drive
o Yellow: “Squeeze”, 538 N. Palm Canyon Drive
o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way

19. Palm Springs Convention Center Pieces (277 North Avenida Caballeros):
o “A Personal History of Palm Springs” – bi-annual cleaning o “The Entertainer” – bi-annual cleaning
o “Sympatico” – bi-annual cleaning and annual waxing
o “Crouching Tiger” - bi-annual cleaning and annual waxing

20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way):
o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing.
o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward.
o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing.

21. Additional Pieces
o City Hall Dog Park Gate/Fence
▪ “Desert Reflections” by Phil Evans – repair of welded elements and biannual cleaning. o Jackie Lee Houston Plaza, Convention Center
▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning.

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o Palm Springs Library
▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning. o Ruth Hardy Park
▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning.

22. Art Cleaning Allowance – a cleaning allowance has been established that will be used solely at the discretion of the City to authorize additional art cleaning requests on an emergency type basis.

1.3 Compensation:

Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested.

No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

ITEM DESCRIPTION ANNUAL LUMP SUM

CLEANING/

MAINTENANCE

ONE TIME

RESTORATION
1 “Agua Caliente Woman”,
Intersection of Tahquitz
Canyon Way and Indian
Canyon Way
$2,335.00 $3,800.00
2 “Young Basketmaker”,
Intersection of Tahquitz
Canyon Way and Sunrise
$2,800.00
3 “Charlie Farrell”, Palm
Springs Airport entrance at El
Cielo and Tahquitz Canyon
Way, north side
$2,000.00 $3,800.00
4 “Help Is on The Way”, 200 S.

Civic Drive, in front of Palm
Springs Police Station
$2,400.00
5 “Machine Age, Forget me
Not, and Le Campas de
Vulcan”, along Kirk Douglas
Way, between Ramon Road
and Airport
$1,800.00
6 “The Batter”, Sunrise Park $1,000.00 $2,400.00
7 “Wave Rhythms”, Sunrise
Park $2,400.00
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8 “R.Hero”, 300 Sunrise Way
(PS Library) $600.00 $700.00
9 “Monsieur Pompadour and
Mademoiselle Coco” 4575 E.

Mesquite Ave., Palm Springs
Animal Shelter
$900.00 $700.00
10 “Jungle Red”, Intersection of
Warm Sands and Ramon Road $1,800.00
11 “Intersecting Cubes”, 803 N.

Palm Canyon Drive $800.00
12 “Lucille Ball”, 100 N. Palm
Canyon Drive $750.00
13 “Chairman of the Links”, 124
S. Palm Canyon Drive $600.00
14 “Lawn Chair”, 1466 N. Palm
Canyon Drive $600.00
15 “Standing Woman”, 221 S.

Palm Canyon Drive $675.00 $500.00
16 “Whirlwind VI”, Ruth Hardy
Park $815.00 $3,800.00
17 “Nines and Elevens”, Demuth
Park $3,000.00 $7,900.00
18 John Clement Pieces
18A Red: “Butch”, 370 San Rafael
Drive
$600.00
18B Yellow: “Squeeze”, 538 N.

Palm Canyon Drive $800.00
18C Orange: “Ithiel”, 777 E.

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20C John F. Kennedy bust
$675.00
*TBD –
Conservator to
review for
direction
20D “Balzac” by Christopher
Georgesco
$725.00
21 Additional Pieces
21A “Desert Reflections”, City
Hall Dog Park $750.00 $1,400.00
21B “Audry”, Convention Center $600.00
22 Art Cleaning Allowance $4,000.00
Annual Total
Cleaning/Maintenance $34,635.00
Three Year Total
Cleaning/Maintenance $103,905.00
Year One Restoration total $25,000.00
Three-year
Cleaning/Maintenance and
One-time Restoration Total
Plus Allowance
*$128,905.00
*Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration expense.

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EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 36

Page 20 of 21 ends

with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No. A9206" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No. A9206" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 37

Page 21 of 21 ends

authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 38
08/09/2022
Desert Cornerstone Insurance Service, Inc.

CA License #0F15709
81713 Hwy 111, Ste E
Indio CA 92201
Tina Eads
(760) 347-7723 (760) 347-7725
[email protected]
Same Day Express, LLC, DBA: Dba: Same Day Express; DBA:

Signature Sculpture Restoration Signature Sculptures Restoration P.O. Box 111
Palm Desert CA 92261
Century Surety Company 36951
22-23 GL
A Y CCP1077458 07/01/2022 07/01/2023
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
Certificate holder is named as additional insured per form CGL1816 0216 when required by a written contract.

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs CA 92262

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 39
ACORD®
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CGL 1816 0216
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –

SCHEDULED PERSON OR ORGANIZATION,

PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:

CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM

CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Name of Additional Insured Person(s) or Organization Location(s) of Covered Operations Any person or organization that you are required to add as an additional insured pursuant to a written contract or agreement.

Various locations as per written contract with the Named Insured.

A. Section II – Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to “bodily injury” or “property damage” occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 3 of 4 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 40
CGL 1816 0216
C. The insurance provided for the benefit of the above scheduled additional insured(s) shall be primary and noncontributory, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in the Schedule above.

D. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of Insurance and Deductible:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

All other terms and conditions of this policy remain unchanged.

CGL 1816 0216 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 4 of 4 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 41
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 42
ACORD ~ 9
~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)
08/09/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the tl!rms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s .

PRODUCER LUIS EDUARDO PEREZ

PERFECT BALANCE INSURANCE SERVICES
INC
73867 FRED WARING DR
PALM DESERT CA 92260

INSURED

SAME DAY EXPRESSLLC
DBA: SIGNATURE SCULPTURE
PO BOX 111
PALM DESERT CA 92260
COVERAGES CERTIFICATE NUMBER·
. 760-773-4063 FAX
A/C No: 760-779-1921
[email protected]
INSURER S "FFORDING COVERAGE NAIC#
INSURER A: STAE COMPENSATION INSURANCE FUND
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR LTR '•••~n wvn POLICY NUMBER 1~~1\g~ ,~3rJ%~ LIMITS GENERAL LIABILITY ~ EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY Uf'\Ml"\UC: V nc:1" C:U
$ '--- PREMISES (Ea occurrencel
CLAIMS-MADE □ OCCUR MED EXP (Any one person) $
'--- PERSONAL & ADV INJURY $
'--- GENERAL AG GREGA TE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ n POLICY n P,W..; n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s '--- (Ea accident) ~
ANY AUTO BODIL y INJURY (Par person) s ALL OWNED ~ SCHEDULEO BODILY INJURY (Par accident) $ '--- AUTOS - AUTOS NON-OWNED H rp~~:~d°Z.t~AMAGE $ ~ IRED AUTOS >-- AUTOS
s
UMBRELLA LIAS H ~ OCCUR EACH OCCURRENCE $
EXCESS LIAS CLAIMS-MADE AGGREGATE s
OED I I RETENTION$ s WORKERS COMPENSATION x I T":!:c;;Jrn:.\/.~ 1 jOJ~- AND EMPLOYERS' LIABILITY Y/N

A ANY PROPRIETOR/PARTNER/EXECUTIVE
□ N / A 1960987-2022 07/01/2022 07/01/2023 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEI $ 1,000,000 g~i~~rtfi1~ '!rt'gPERATIONS below E.L. DISEASE · POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarb Schedule, If more space 11 required) .. 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. 30 DAY NOTICE OF CANCELLATION FOR OTHER THAN NON-PAYMENT OF PREMIUM. ANY AND ALL OPERATIONS PERFORMED BY THE NAMED INSURED ON BEHALF OF THE CERTIFICATE HOLDER.

CERTIFICATE HOLDER

CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON

PALM SPRINGS
ACORD 25 (2010/05)
CA 92263

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

LUISE PEREZ
© 1988-2010 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
1001486 132849.12 03-16-2016

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
08/09/2022

JOHN FORD
79440 CORPORATE CENTRE DR STE 104
LA QUINTA, CA 92253
Karen Schroeder
760-564-0011 760-564-0220
[email protected]

BRETT FIORE
DBA: SAME DAY EXPRESS & SIGNATURE SCULPTURE
79350 FOUR PATHS LN
BERMUDA DUNES, CA 92203-1651
25178
A
X X 214 8782-C24-55 03/24/2022 03/24/2023
1,000,000
1,000,000
1,000,000
Forms attached Endorsement #6196.AA Waiver of Subrogation under Coverage A Only in favor of The City of Palm Springs The City of Palm Springs, its officials, employees, and agents are named as an additional insured.

This insurance is primary and non-contributory over any insurance or self insurance the City may have.

Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named.

CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92263
State Farm Mutual Automobile Insurance Company
450 1653-D02-55 10/02/2021 10/02/2022
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 43
ACORD®
~ I
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A ®
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6028BU ADDITIONAL INSURED (Prior Notice of Termination) This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement.

1. A person or organization shown on the Declarations Page as an Additional Insured is provided Liability Coverage, but only to the extent that person or organization qualifies as an insured as defined in Liability Coverage.

2. An Additional Insured has the same right of recovery under Liability Coverage as if they had not been shown on the Declarations Page as an Additional Insured.

3. If Liability Coverage is changed or terminated as to the interest of the Additional Insured, unless another number of days notice is shown on the Declarations Page, we will provide the Additional Insured:
a. 10 days notice of such change or termination if the policy is nonrenewed or the cancellation is for nonpayment of premium; and
b. 20 days notice of such change or termination if the cancellation is for any reason other than nonpayment of premium.

Page 1 of 1 ends

©, Copyright, State Farm Mutual Automobile Insurance Company, 2011 DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 44

Page 1 of 1 ends

©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 6196AA WAIVER OF SUBROGATION UNDER THE LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement.

It is agreed that we have no right of subrogation under Liability Coverage against the person or organization whose name is shown immediately following the title of this endorsement on the Declarations Page to the extent that you have waived your legal right to recover from that person or organization pursuant to a written contract you had duly executed with that person or organization prior to the accident or loss.
#214 8782-C24-55
Effective 08/09/2022
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC Item 1V - Page 45

ATTACHMENT D
Item 1V - Page 46

Page 1 of 3 ends

Revised: 2.9.22
AMENDMENT NO. 1 TO THE A9206 CLEANING AND MAINTENANCE

OF PUBLIC ART
BETWEEN THE CITY PALM SPRINGS AND SAME DAY EXPRESS dba

SIGNATURE SCULPTURE

1. Parties and Date.

This Amendment No. 1 to the Cleaning and Maintenance of Public Art is made and entered into as of this 13 day of March 2023, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”).

2.2 Amendment. The City and Contractor desire to amend the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

Compensation of Contractor. 3.1 of the Agreement is hereby amended in its entirety to read as follows:

Exhibit A Item F13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning
“Exhibit A” Item F 13. is hereby deleted in its entirety and replaced with Item F 13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed, attached hereto and incorporated herein by reference.”
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 47

Page 2 of 3 ends

Revised: 2.9.22

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 48

Page 3 of 3 ends

Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND SIGNATURE SCULPTURE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 3/13/2023
3/15/2023
Item 1V - Page 49
r=DocuSigned by:

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Performance
And
Schedule of Compensation
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 50

1.1 Background: There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art.

At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces.

1.2 Scope:

E. Due to the security set forth by the TSA, please carefully review the following section below:

WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT
Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 51
Airport. Contractor will be required to comply with all federal security programs and will be responsible for all time and costs associated with obtaining Security IDs.

PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport.

The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com
For more information on badging requirements, please visit:
http://www.palmspringsca.gov/government/departments/aviation-palmspringsinternational-airport-psp/doing-business-at-psp/airportadministration/operationsand-security F. The following Art collection and Locations to be cleaned and maintained are as follows:

1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way:

Piece – repair needed and then bi-annual cleaning.

2. “Young Basket maker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning.

3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning

4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning.

5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning.

6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning.

7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning.

8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning.

9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning.

10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning.

DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 52

11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning.

12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing.

13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed.

14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning.

15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then biannual cleaning.

16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning.

17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning.
.

18. John Clement Pieces: bi-annual cleaning o Red: “Butch”, 370 San Rafael Drive o Yellow: “Squeeze”, 538 N. Palm Canyon Drive
o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way

20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way):
o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing.
o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward. o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing.

21. Additional Pieces
o City Hall Dog Park Gate/Fence
▪ “Desert Reflections” by Phil Evans – repair of welded elements and biannual cleaning.
o Jackie Lee Houston Plaza, Convention Center
▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning.

DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 53
o Palm Springs Library
▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning. o Ruth Hardy Park
▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning.

1.3 Compensation:

Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope.

The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

ITEM DESCRIPTION ANNUAL LUMP SUM

CLEANING/

MAINTENANCE

ONE TIME

Civic Drive, in front of Palm
Springs Police Station
$2,400.00
5 “Machine Age, Forget me
Not, and Le Campas de
Vulcan”, along Kirk Douglas
Way, between Ramon Road
and Airport
$1,800.00
6 “The Batter”, Sunrise Park $1,000.00 $2,400.00
7 “Wave Rhythms”, Sunrise
Park
$2,400.00
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 54
8 “R.Hero”, 300 Sunrise Way
(PS Library)
$600.00 $700.00
9 “Monsieur Pompadour and
Mademoiselle Coco” 4575 E.

Mesquite Ave., Palm Springs
Animal Shelter
$900.00 $700.00
10 “Jungle Red”, Intersection of
Warm Sands and Ramon Road
$1,800.00
11 “Intersecting Cubes”, 803 N.

Palm Canyon Drive
$800.00
12 “Lucille Ball”, 100 N. Palm
Canyon Drive
$750.00
13 “Chairman of the Links”, 124
S. Palm Canyon Drive
$600.00 $895
14 “Lawn Chair”, 1466 N. Palm
Canyon Drive
$600.00
15 “Standing Woman”, 221 S.

Palm Canyon Drive
$675.00 $500.00
16 “Whirlwind VI”, Ruth Hardy
Park
$815.00 $3,800.00
17 “Nines and Elevens”, Demuth
Park
$3,000.00 $7,900.00
18 John Clement Pieces
18A Red: “Butch”, 370 San Rafael
Drive
$600.00
18B Yellow: “Squeeze”, 538 N.

Palm Canyon Drive
$800.00
18C Orange: “Ithiel”, 777 E.

Tahquitz Canyon Way
$900.00
19 Convention Center Pieces
19A “A Personal History of Palm
Springs”
$600.00
19B “The Entertainer” $595.00
19C “Sympatico” $595.00
19D “Crouching Tiger” $645.00
20 Palm Springs International
Airport Pieces
20A Four Chihuly glass pieces $1,200.00
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 55
20B Sonny Bono bust $675.00
20C John F. Kennedy bust $675.00 *TBD –
Conservator to
review for
direction
20D “Balzac” by Christopher
Georgesco
$725.00
21 Additional Pieces
21A “Desert Reflections”, City
Hall Dog Park
$750.00 $1,400.00
21B “Audry”, Convention Center $600.00
22 Art Cleaning Allowance $4,000.00
Annual Total
Cleaning/Maintenance
$34,635.00
Three Year Total
Cleaning/Maintenance
$103,905.00
Year One Restoration total $25,000.00
Three-year
Cleaning/Maintenance and
One-time Restoration Total
Plus Allowance
*$129,800.00
*Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Item 1V - Page 56

ATTACHMENT E
Item 1V - Page 57

CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:

Company Name:

Company Contact:

Email:

Summary of Services:

Contract Price:

Contract Term:

Public Integrity/ Business
Disclosure Forms:

Contract Administration
Lead Department:

Contract Administrator/ Ext:

Contract Approvals
Council/City Manager Approval Date:

Agreement Number:

Amendment Number:

Contract Compliance
Exhibits:

Insurance:
5RXWHG%\:

Bonds:

Business License:

Sole Source Co-Op
Sole Source CoOp Agmt #:

Documents: CoOp Name:

CoOp Pricing:

Submitted on: By:

Contract Abstract Form Rev
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Cleaning and Maintenance of Public Art Agreement
Same Day Express dba Signature Sculpture
Marjorie Adams-Fiore
[email protected]
Art Cleaning, Maintenance, and Restoration Services
$129,800 + $9,999.50 (Amdt 2) = $139,799.50
September 1, 2022 - August 31, 2027
N/A
Brett Fiore, [email protected]
Aviation
Victoria Carpenter/ 3808
N/A
A9206
2 Yes
Yes
Yes
Department
N/A
No N/A
N/A
N/A
2/6/2025 Tanya Perez

Item 1V - Page 58

Page 1 of 5 ends

Revised: 10.31.23
AMENDMENT NO. 2 TO THE CLEANING AND MAINTENANCE OF
PUBLIC ART AGREEMENT NO. A9206

BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS

DBA SIGNATURE SCULPTURE

1. Parties and Date.

This Amendment No. 2 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of February 3, 202, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California, (Contractor).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”). Contract Term: 3-Years; Contract Price: $128,905.

2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning for a new total not to exceed $129,800.

2.3 Amendment No. 2. The City and Contractor desire to amend the Agreement to revise the scope of services, increase compensation, update the method of payment, revise the term for the cleaning services for seven art pieces at the Palm Springs International Airport.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A1” attached hereto and incorporated herein by reference.

3.2 Section 3.1 Compensation of Contractor of the Agreement is hereby amended to increase the contract in the amount of $9,999.50 as more particularly described in Exhibit “A1”. The total amount of compensation shall not exceed $139,799.50.

3.3 Section 3.2 Method of Payment of the Agreement is hereby amended to include services described in Exhibit “A1”.

3.4 Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:

Item 1V - Page 59

Page 2 of 5 ends

Revised: 10.31.23
“Unless earlier terminated in accordance with Section 4.5 of the Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on September 1, 2022 and ending on August 31, 2027, unless extended by mutual written agreement of the Parties.”

3.5 All References to Exhibit “A” in the Agreement shall be changed to mean Exhibit “A” and Exhibit “A1”.

3.6 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.7 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.8 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.9 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Item 1V - Page 60

Page 3 of 5 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

CONTRACTOR:

By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:

By: ______________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: ______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1V - Page 61
1-DocuSigned by:

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Page 4 of 5 ends

Revised: 10.31.23
EXHIBIT “A1”
Services:

Provide cleaning services for seven art pieces located at the Palm Springs International Airport (Airport).

Scope/Compensation:

Scope of work per Art Piece:

1. Philip Culbertson (SSTeel)
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually

2. Lawrence Fane
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually

3. Betty Gold
• Wash: Once every other month (Six Services Annually)
• Deep Cleaning Scrub: Once every six months (Two Services Annually) • Wax: Application of wax will be applied as needed during deep cleaning scrub • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month & Wax: As needed during deep cleaning scrub)
• Price: $275.00 x 2 = $550.00 (Deep Cleaning Scrub: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually

4. Tom Holland
• Dust: Once every other month (Six Services Annually)
• Dusting Instructions: Dust with feather duster and compressed air followed by damp cloth with plexi cleaner
• Price: $192.25 x 6 = $1,153.50 (Dust: Once every other month) • Total: $1,153.50 Annually

5. Paul Jenkins
• Wash: Once every other month (Six Services Annually)
• Wax: Once annually (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month)

Item 1V - Page 62

Page 5 of 5 ends

Revised: 10.31.23
• Price: $275.00 (Wax: Once annually)
• Total: $1,153.50 + $275.00 = $1,428.50 Annually

6. Yasui Mizul
• Wash: Once every other month (Six Services Annually)
• Washing Instructions: Rinse off with deionized water to clean the surface without leaving mineral deposits
• Cleaning Instructions: Clean using compressed air used to remove dust, leaves, etc.
• Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Total: $1,153.50 Annually

7. Michael Todd
• Wash: Once every other month (Six Services Annually)
• Wax: every six months (Waxing includes several coasts of “bowling wax”) • Washing Instructions: Wash with a non-ionic soap & deionized water • Price: $192.25 x 6 = $1,153.50 (Wash: Once every other month) • Price: $275.00 x 2 = $550.00 (Wax: Once every six months) • Total: $1,153.50 + $550.00 = $1,703.50 Annually
Total Compensation: $9,999.50 Annually
Additional:
x Invoices for the seven art pieces in this scope of work should be sent to the Palm Springs International Airport invoice email address at [email protected] for payment processing.
x Contractor to provide all material and supplies needed to complete services.

Item 1V - Page 63

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
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COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

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WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
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DESCRIPTION OF OPERATIONS below
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ANY PROPRIETOR/PARTNER/EXECUTIVE
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E.L. DISEASE - EA EMPLOYEE
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(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
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EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
UO S
/2025
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 9572
Certificate Team
877-308-9663 916-00-2625
[email protected]
License#: 0F8276 Evanston Insurance Company 35378
SAMEDAY-0
Same Day Express, LLC
DBA: Signature Sculpture, Signature Cleanup
P.O. Box 111
Palm Desert, CA 92261
253899099
A ; 1,000,000
; 100,000
5,000
1,000,000
2,000,000
;
Y 3AA808183 8/1/202 8/1/2025
2,000,000
Additional Insured on the *eneral Liability. Primary and Non-Contributory on the *eneral Liability.

The aforementioned coverage is provided to the extent in the attached forms for: City of Palm Springs City of Palm Springs
3200 E. TahTuitz Canyon :ay
Palm Springs, CA 92262
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Page 1 of 1 ends

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3AA808183

EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM

SCHEDULE
Additional Premium: $Included (Check box if fully earned ) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms.

A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured.

Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total.

When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured.

No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage.

B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the valid written contract or agreement; or

2. Available under the applicable limits of insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable limits of insurance shown in the Declarations.

All other terms and conditions remain unchanged.

Item 1V - Page 65
111
MARKEL®
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
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Item 1V - Page 66

Item 1V - Page 67
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 01/27/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER CONTACT Karen Schroeder NAME:

State Farm JOHN FORD rA~~NJ_ c_,_ 760-564-0011 I FAX
fA/C Nol: 760-564-0220
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79440 CORPORATE CENTRE DR STE 104 iflJ~ss: [email protected] LA QUINTA, CA 92253 INSURER/Sl AFFORDING COVERAGE NAIC# INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURED INSURERS :

BRETT FIORE INSURERC :

DBA: SAME DAY EXPRESS & SIGNATURE SCULPTURE INSURERD :
79350 FOUR PATHS LN INSURERE:

BERMUDA DUNES, CA 92203-1651 INSURERF:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,.,c,n l wun POLICY NUMBER LIMITS IMM/DDNYYYl IMM/DDNYYYl ~
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
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MED EXP (Any one person) $
~
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl PRO- POLICY JECT D Loc PRODUCTS - COMP/OP AGG $ OTHER: $
AUTOMOBILE LIABILITY X X 214 8782-C24-55 09/24/2024 09/24/2025 COMBINED SINGLE LIMIT $ /Ea accident) IZ ANYAUTO 450 1653-D02-55 10/02/2024 04/02/2025 ~ BODILY INJURY (Per person) $ 1,000,000
A 0\/\/NED SCHEDULED BODILY INJURY (Per accident) $ 1,000,000 ~ AUTOS ONLY ~ AUTOS HIRED NON-0\/\/NED PROPERTY DAMAGE $ 1,000,000 ~ AUTOS ONLY ~ AUTOS ONLY /Per accident) $
~
UMBRELLA LIAB HOCCUR EACH OCCURRENCE $
EXCESSLIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $
WORKERS COMPENSATION I PER I I OTHAND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Forms attached Endorsement #6196.AA Waiver of Subrogation under Coverage A Only in favor of The City of Palm Springs The City of Palm Springs, its officials, employees, and agents are named as an additional insured.

This insurance is primary and non-contributory over any insurance or self insurance the City may have.

Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named.

CERTIFICATE HOLDER CANCELLATION

CITY OF PALM SPRINGS

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92263
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016

Item 1V - Page 68
ACORD• CERTIFICATE OF LIABILITY INSURANCE I ~
DATE (lolMIDII/YYVY)
06/28/2024
THIS CERTIFICATE IS ISSUEOIAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder I• an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition• of the pohcy, certain pollclH may require an endorsement. A statement on this certificate doH not confer rights to the certlflcata holder In lieu of such 1andorsemenl(a).

PIIODUCER iQi:'"' LUISE PEREZ_
PERFECT BALANCE INSURANCE SERVICES, INC. PHONE -- '""° N& "•": Z60el7HD63.___ f~ -'· 7R(b77le.Hl21_ - I ~~n':l~"S: perfecibalaoca5ti@)(IJ.boo ~nm 73867 FRED WARING DR INSURE~SI AFFORDING COVERAGE NAICI PALM DESERT CA 92260 INSURER A, STATE COMPENSATION INSURANCE FUND

INSURED
Same Day Express '-Lc INSURER B ,
DBA: Signature Sc~·1pture INSUIIERC ,
Po Box 111 IHSURERD ,
Palm Desert CA 92280 INSURER I!:

INSURERF
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE P,JLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITI-iSTANDING '\NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0~ MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~J: -~~!~= - TYPE OF IIISURANCE POLICY NUMBER POI.ICY EFF POLICY EXP LIIUTS GENERAL LIABILITY EAcHoccuRRENCE ls - ~Ge to AENteo- - 1 -- - COMMERCIAL GENERAL LIABILITI i i PREMISI;§ tEa oa>.arrence) $ :=J CI..AIMS-MADE □ OCCUit MEOEXP(l\ny~-) Is PERSONAL & l>lJV INJURY I s - ' GENERAi. AGGREGATE Is - - GEN1. AGGREGATE LIMIT APPLIES PE t: PRODUCTS· COMP/OP AGG $ 7 POLICY -n ~,9; n L~: 11 AUlOMOBILE LIABILITY 11 ~rnf "I.IMII
1- s
AHYAUTO 80DILY INJURY IPtipe,1(111) s - AI.LOWNEO ~ SCHEOUL~D -- 8001L V INJURY (Per acddeol j S 1-- AUTOS 1-- ~i~i:eo ..,.o,.,1cK1, DAMAGE -- HIRED AUTOS AUTOS ' (Pet acddent) $ 1-- - ' s UMBRELLA LIA8 Hoccu~ r r ,- EACH OCCURRENCE s l!XCES8UA8 CLAl'-'S.MADE AGGREGATE s OE.o I I RETENTION I IS
WORKERS COMPENSATION )( I T~~~T~~c I IOJ~- AND EMPLOYERS' LIAl31UTY y IN r A s 1 nnn COO ANY MOPRIETOIW'ARTNERnaXECUTIV~ 0 1960987-24 07/01/2024 07/01/2025 E.L EACH ACCIDENT OFFICE/MEUSER EXCLUDED? Y NIA IMandato,y In NH) E.L. OISEASe • EA EMPLOYEE s 1 ... lMXl~OOO ~~.do-- E.L DISEASI!. POLICY LIMIT s 1,000,000 ,. r i I DESCRIPTION OF OPl!IIATIONS I LOCATl0Nl' / Vl:HICLES~Atl.lch ACORD 101 Addltlan11I ROffla,t<o 8cl\odula, H n,on •e•ce la required~ •••10 DAY NOTICE OF CANCELLATION FOR ON-PAYMENT OF PREMIUM. 30 DAY NOTIC OF CANC LLATlON FOR OTHER THAN NON-PAYMENT OF PREMIUM. ANY AND ALL OPERATIONS PERFORMED BY THE NAMED INSURED ON BEHALF OF THE CERTIFICATE HOLDER.

CERTIFICATE HOLDER CANCELLATION
City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Taqhuitz Can·,on ACCORDANCE WITH THE POLICY PROVISIONS. t AUTHORIZED REPR£HNTATM!
~),-~ Palm Springs CA 92263

I LUISE PEREZ
@1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo ere registered marks of ACORD ! Clear All !

Item 1V - Page 69
STATE
C:OMPl:NSATION

INSURANCE
FUND

HOME OFFICE

SAN FRANCISCO
.. ,,...,vn~i;;mi;;;1JT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS
EFFECTIVE JULY 1, 2024 AT 12.01 A.M.

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
AND EXPIRING JULY 1, 2025 AT 12.01 A.M.

SAME DAY EXPRESS, LLC
PO BOX 111
PALM DESERT, CA 92261

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE .

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
1960987-24

RENEWAL
SP
5-66-98-23
PAGE 1 OF

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2572 ~~~ JULY 5, 2024
d~,,,~ .d!-e~~~

PRESIDENT AND CEO
1 SC IF FORM 102 17 (REV .4-2018) OLD DP 217

CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328

BUSINESS LICENSE CERTIFICATE
Fees Paid: $293.00

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE

LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.

THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.

Business Name: SIGNATURE SCULPTURE
DBA:

Owner: Signature Sculpture
Mailing Address:

License Number: OC-002301-2023
Expiration Date: 09/30/2025

PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.

Business Location: PO BOX 111, PALM DESERT,
CA 92261
Business Description: ART MAINTENANCE,

RESTORATION &

INSTALLATION

TO BE POSTED IN A CONSPICUOUS PLACE

Item 1V - Page 70
W. ACCEPTANCE OF INSTALLATION OF THE ARENAS BUSINESS

DISTRICT LANDMARK FLAGPOLE
RECOMMENDATION:

Accept the public works improvement known as the Arenas Business District Landmark Flagpole Project, as completed in accordance with the Construction Contract; and
Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion (Attachment A) for the Arenas Business District Landmark Flagpole Project.

Item 1W - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF INSTALLATION OF THE ARENAS BUSINESS

DISTRICT LANDMARK FLAGPOLE
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

Formal City Council acceptance of the Arenas Business District Landmark Flagpole Project (“Project”) is required to document the completion of public works improvements and to authorize the filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

The Project provided for the construction and installation of a 65-foot landmark flagpole, including a reinforced concrete base, protective bollards, and lighting, located in the Cityowned parking lot at the southwest corner of Indian Canyon Drive and Arenas Road.

RECOMMENDATION:
1) Accept the public works improvement known as the Arenas Business District Landmark Flagpole Project, as completed in accordance with the Construction Contract; and
2) Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion (Attachment A) for the Arenas Business District Landmark Flagpole Project.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B), EMD Construction is registered in the state of California.

BACKGROUND:

On July 21, 2025, the City Council approved the Arenas Business District Landmark Flagpole Project, in partnership with Greater Palm Springs Pride, to design and construct Item 1W - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Acceptance of Installation of the Arenas Business District Landmark Flagpole a 65-foot landmark flagpole on City-owned property at the corner of Indian Canyon Drive and Arenas Road.

The City funded the design and installation of the flagpole, base, and associated site improvements. Greater Palm Springs Pride contributed $75,000 toward project costs and entered into a 30-year license agreement with the City for operation and maintenance responsibilities.

The completed improvements include a steel flagpole, concrete base, lighting, protective bollards, striping, and all electrical and site restoration work.

STAFF ANALYSIS:

Construction of the Project began July 22, 2025, and was determined to be substantially complete on October 4, 2025.

The flagpole is operational and has been accepted by Greater Palm Springs Pride for ongoing management and maintenance per the executed License Agreement.

Acceptance of the improvements will allow Public Works to file a Notice of Completion with the County Recorder, formally closing out the contract and releasing retention in accordance with California Civil Code § 9200.

Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the Public Works Director to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures (“Class 3”). The Class 3 exempt allows, in part, the construction and location of limited numbers of new, small structures. Here, the Project is exempt per the Class 3 exemption since it involves the installation of a single, new flagpole on City-owned property in the downtown commercial district.

The City has also considered whether the proposed Project is subject to any exception to the Class 3 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons:

1. The Project is not located in a particularly sensitive environment. The site is located in the downtown commercial district, whereby the site and every surrounding lot has been developed. Since the Project and surrounding area is fully built-out, no sensitive environment exists in this location.

Item 1W - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Acceptance of Installation of the Arenas Business District Landmark Flagpole

2. The Project would not result in any significant cumulative impacts on the environment. The likelihood of another flagpole being installed in the surrounding vicinity is extremely low, based on lack of available open space and desire.

3. The Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. The Project involves installation of a single, thin flagpole with a height of 65 feet and a significantly smaller footprint than the activities contemplated in the Class 3 exemption. Further, the Project is located in a fully developed commercial area near buildings of similar height and sits on City-owned property, where there are no height standards for flag poles.

Lastly, the site is not listed on any hazardous materials registry, contains no sensitive habitats or archaeological resources, and is not subject to extraordinary geological or flood hazards beyond standard building-code provisions.

4. The Project is not located near any scenic highways; therefore, it does not have the possibility to damage any scenic resources within a state scenic highway.

5. The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

6. The Project site or adjacent property does not contain any historical resources, therefore there is no possibility the project would result in any significant impact on a historical resource.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City Council strategic plan to provide quality, well maintained infrastructure and facilities.

FISCAL IMPACT:

The City is holding retention funds in the amount of $4976.07 for EMD Construction pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office.

The total budget allocation for the flagpole kit and installation, lighting, base, and protective bollards project was $109,473.63 from the Economic Development Fund (FY 2025-26 Budget), which included a 10% contingency ($9,952.15). The contingency was not used, resulting in a total actual expenditure of $99,521.48.

Upon presentation of final project expenses, Palm Springs Pride will reimburse the City $75,000. The net fiscal impact to the City after reimbursement is $24,492.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
Item 1W - Page 4
City Council Staff Report
November 12, 2025 -- Page 4
Acceptance of Installation of the Arenas Business District Landmark Flagpole ATTACHMENTS:

A. Notice of Completion
B. Public Integrity Disclosure
Item 1W - Page 5
(“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is

3. The full address of the owner is

4. The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on . The work done was:

7. The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:

9. The street address of said property is
(If no street address has been officially assigned, insert “none”) Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the the declarant of 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 under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
City of Palm Springs Brenda Pree, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 10/04/2025 EMD Construction 07/21/2025 Palm Springs Riverside Purchase & install a Tamper Resistant 65-foot Internal Halyardflagpole with lighting, safety bollards, and site work.209 S Indian Canyon Dr Palm Canyon Palm Springs California 92262 10/28/2025 Item 1W - Page 6

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Item 1W - Page 8
A. AN APPLICATION BY JONATHAN WURTZEL FOR HISTORIC SITE

DESIGNATION OF THE CULLERTON-CHADDICK RESIDENCE
LOCATED AT 572 WEST SANTA ELENA ROAD, HSPB 165
RECOMMENDATION:

1. Open the public hearing and receive public testimony. 2. Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 PUBLIC HEARING
SUBJECT: AN APPLICATION BY JONATHAN WURTZEL FOR HISTORIC SITE DESIGNATION OF “THE CULLERTON-CHADDICK RESIDENCE”
LOCATED AT 572 WEST SANTA ELENA ROAD (APN 504-282-012), CASE HSPB #165
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

A single-family home at 572 W. Santa Elena Road was first constructed in the vernacular ranch-style of architecture in 1948. After the property was purchased by Cullerton and Chaddick, the home was completely redesigned by William F. Cody in 1965. Today, the restored home is a distinct example of Cody’s work that combines his understanding of the vernacular style with Modernist principles. The current owners of the home are requesting historic designation of this site.

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 Historic Site Preservation Board (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 entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE CULLERTON-CHADDICK RESIDENCE LOCATED AT 572 W. SANTA ELENA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #165, SUBJECT TO CONDITIONS (APN 504-282-012).”
Item 2A - Page 2
City Council Staff Report
November 12, 2025 – Page 2
Historic Designation – The Cullerton-Chaddick Residence BACKGROUND AND SETTING:

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

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

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

October 7, 2025 HSPB considered the application for designation at a public hearing recommending Class 1 designation.

Ownership Status
February, 2024 Purchased by current owners.

EAST ELEVATION OF 572 W. SANTA ELENA ROAD, 2025.

The historic designation request was submitted by the owners, 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 October 7, 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:

Item 2A - Page 3
City Council Staff Report
November 12, 2025 – Page 3
Historic Designation – The Cullerton-Chaddick Residence (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;
Pursuant to PSMC 8.05.070, (5,C,1,Part b); “Historic Integrity” the HSPB made findings that the Cullerton-Chaddick Residence possesses sufficient historic integrity to qualify as a Class 1 (Landmark) historic site.

During the October 7, 2025 HSPB meeting, the Board expressed their unanimous support of the application for Class 1 designation based on the William F. Cody re-design of the residence that exhibits historical significance and design integrity.

CONCLUSION:

The Cullerton-Chaddick 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) 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 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.

Item 2A - Page 4
City Council Staff Report
November 12, 2025 – Page 3
Historic Designation – The Cullerton-Chaddick Residence Item 2A - Page 5
City Council Staff Report
November 12, 2025 – Page 4
Historic Designation – The Cullerton-Chaddick Residence REVIEWED BY:

Department Director: Christopher Hadwin
Assistant 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 6

ATTACHMENT A
Item 2A - Page 7
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #165 – The Cullerton-Chaddick Residence
572 W. Santa Elena Road
Item 2A - Page 8
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ATTACHMENT B
Item 2A - Page 9
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE CULLERTONCHADDICK RESIDENCE, LOCATED AT 572 WEST SANTA ELENA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE
HSPB #165, SUBJECT TO CONDITIONS (APN 504-282-012).

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, Jonathan Wurtzel submitted an application seeking historic site designation of the Cullerton-Chaddick Residence located at 572 W. Santa Elena Road; and C. WHEREAS, on October 6, 2025, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on October 7, 2025, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #165 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 Cullerton-Chaddick Residence a Class 1 (Landmark) historic resource; and F. WHEREAS, on November 12, 2025, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #165 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:
a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

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572 W. Santa Elena Drive is a single-family home designed by architect William F. Cody. The site placement of the home responds to the surrounding views while ensuring privacy, and the swimming pool and spa were also done by Cody. In a recent remodel of the home, the roof was replaced with shake shingles, the exterior was painted in a pink buff color, and the existing carport structure was removed. 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; Based on the information provided in the report, the Cody remodel of the home was associated with Patrick Sullerton and Harry Chaddick. While it is unclear why the property was co-owned by both individuals, address information reveals that they each had separate homes in the area.

Chaddick was a local developer that worked with Cody extensively throughout the 1960s and 1970s in Palm Springs, and it was likely this relationship that connected Cody to this project.

Since the home was not a permanent address for either individual, this criterion is not met. (Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;
Cody was influenced by the works of Cliff May which exposed him to vernacular architecture of California. He tried to create a convenient and comfortable design incorporating views, light and nature. Cody also explored simple forms and gentle sloping roofs to minimize the appearance of the structure.1 This home exemplifies the intersection between the vernacular style of architecture and the progressive ideas of Modernism. City Council finds 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 in the report. 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 William F. Cody arrived in Palm Springs in 1942 and became one of the key figures for the Palm Springs School of Desert Modernism. Some of his more seminal works in the desert 1 City of Palm Springs Citywide Historic Context Statement “Post-World War II Palm Springs (1945-1969)”, 169.

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include the Del Marcos Hotel (HSPB #78) on West Baristo Road, the Abernathy Residence (HSPB #86) on North Phillips Road, and the Goldberg Residence on Southridge Drive (HSPB #135). Cody’s genius and influence, when it comes to design, is that it continually evolves. This home, for example, demonstrates layering of textures, geometries and natural materials which is completely different from the Euclidean approach used at the Goldberg Residence. This resource is a good representation of the architect’s versatility during his years of prominence, thus 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 designed by William Cody is in its original location on the lot; therefore, the integrity of location is met.

2. Design:

The original residence was designed as a ranch-style home that was expanded by 800 square feet and completely remodeled. The report describes the design by Cody as a seamless integration of contemporary design with Palm Springs vernacular traditions. The home uses building materials like masonry blocks, rough-hewn board-and-batten siding and wood shake shingles, similar characteristic found in the vernacular architecture of California, but also in integration of white terrazzo flooring, floor-to-ceiling glass doors, and concrete screen blocks.

The home is elevated on a plinth with asymmetrical columns supporting a deep overhang. The openings on the walls are large expanses of glass, but the pitched roof has shake shingles.

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Pathways and entrances have geometric shapes, and texture is created from the stucco surfaces, stacked concrete blocks and extruded wooden beams. Cody uses vernacular building materials in a modernist way that creates architectural interest. One element that was removed is a pergola structure in the parking area in 2020. Based on the findings in the report, City Council finds the home retains its integrity of design by Cody.

3. Setting:

The setting of the home in the Chino Mesa Estates tract is surrounded by ample open space, and the neighborhood context consists of similar sized lots for single-family residential development. To the west of the lot is the land owned by the Desert Water Agency. The home retains its original setting.

4. Materials:

The home was built with materials that were commonly used during this period. The integrity of the slump stone walls, exterior stucco, floor to ceiling glazing, wooden beams and terrazzo are intact.

5. Workmanship:

While conventional methods of construction are utilized, the attention to detail allows for seamless transition of materials from the interior to the exterior. City Council finds the integrity of workmanship remains intact.

6. Feeling:

The home’s modest scale to the surrounding context and use of materials represents the architect’s original design response to the Modern Movement in the desert. The integrity of feeling remains strong.

7. Association:

The property is associated with architect William Cody, as well as the Mid-century Modern Movement of the post-World War II period. The integrity of association remains unchanged.

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:

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Character-defining features of the resource are as follows:
• Site placement of the home
• Home on an elevated plinth
• Low slung pitched roofs clad in split wood shakes
• Rectangular stucco columns throughout
• Massive, angled wood beams connecting entry columns
• Screen block elements made of rectangular concrete bricks in varied orientations • Vertical rough-hewn board-and-batten siding with alternating narrow and wide battens • Cruciform-shaped swimming pool and matching cruciform spa (original to Cody's 1965 design)
• Original white terrazzo pool deck mirroring the cruciform layout • Slumpstone retaining walls throughout property
• Floor-to-ceiling sliding glass doors and fixed-pane windows throughout • Floor-to-ceiling folding wood doors with piano hinges, concealing wet bar (interior) • Ceiling sections of rough-sawn wood with translucent white stain • Mirrored panels above doors
• Matching fireplace designs in living room and den (interior) • Seamless transitions between interior and exterior spaces • Strategic window placement framing garden views
• Extension of materials (particularly terrazzo) from inside to outside • Multiple access points to outdoor spaces from nearly every room • Recessed light fixtures with the Fresnel lens
• Areas identified as original locations with exposed aggregate concrete paving • Original hardware on the front door
• Entry experience includes the progression from the motor court, turning 90 degrees under the walkway with an extended overhang towards the front door Non-contributing elements:
• Entry gate and matching gate outside of the den’s sliding doors • Sliding glass doors at rear of the garage
• Firepit and waterfall area
• Exposed aggregate motor court paving and paving inside garden areas 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.

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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 Cullerton-Chaddick Residence located at 572 W. Santa Elena Road, a Class 1 (Landmark) Historic Resource (Case HSPB #165).

ADOPTED THIS TWELFTH DAY OF NOVEMBER, 2025.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK
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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
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ATTACHMENT C
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Prepared by
Steven Keylon
For the
Palm Springs Preservation
Foundation
December 1, 2019
The Cullerton-Chaddick Residence, 1965
William F. Cody, Architect
572 West Santa Elena Drive, Palm Springs, CA 92262
57Santa Elena Road
Palm Springs, CA 92262
Nomination Application For
City of Palm Springs
Class 1 Historic Resource
Photo courtesy Simon Berlyn
Prepared by Steven Keylon
For the Palm Springs Preservation Foundation
FINAL April 24, 2025
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2 590ivrings, CA 92262

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:

Orange Coast Title Company; Palm Springs Historical Society; Barbara Marshall; Cathy Cody; Simon Berlyn; Robert Kalin.

Table of Contents
I N T R O D U C T I O N....................................................................................................................................................................3 E X E C U T I V E S U M M A R Y...............................................................................................................................................3 STATEMENT OF SIGNIFICANCE.................................................................................................................................................5 SIGNIFICANT OWNERS ...................................................................................................................................................................7 THE ARCHITECTURE OF THE CHADDICK-CULLERTON RESIDENCE .............................................................21 CHANGES OVER TIME ....................................................................................................................................................................34 CHARACTER-DEFINING FEATURES......................................................................................................................................35 BACKGROUND / HISTORIC CONTEXT ...............................................................................................................................36 EVALUATION.......................................................................................................................................................................................36 ARCHITECTURE (Criteria 3 – 6)................................................................................................................................................37 INTEGRITY ANALYSIS (USING US SECRETARY OF THE INTERIOR STANDARDS) ................................38 A P P E N D I C E S.............................................................................................................................................................................41 I OWNER’S LETTER OF SUPPORT ................................................................................................................................................41 II ASSESSOR’S MAP AND AERIAL....................................................................................................................................................42 III CHAIN OF TITLE ...............................................................................................................................................................................43 IV BUILDING PERMITS ..........................................................................................................................................................................44 V CHINO MESA ESTATES...................................................................................................................................................................46 VI LATER OWNERS................................................................................................................................................................................49 VII GRANT DEED......................................................................................................................................................................................65 VIII CONTEMPORARY PHOTOGRAPHS MARCH 2025 ..............................................................................................................68 Item 2A - Page 20
3 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 March 2025, the PSPF board of directors assigned the task of writing the Chadwick-Cullerton 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 Cullerton-Chaddick Residence is a custom home in the Chino Mesa Estates section of Palm Springs. The small existing 1948 house was significantly expanded and completely remodeled in 1965 by master architect William F. Cody. Through the expansion and redesign, Cody transformed the very modest house into an elegant and luxurious showplace, leaving no surface untouched – a fine example of Cody’s expert synthesis of the restrained dignity of his best Midcentury style and his masterful interpretation of the ranch vernacular.

The Chadwick-Cullerton is an essential example of a custom modernist residence. It exhibits numerous character-defining features that place it within the historical context of the Palm Springs Modern period.

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 US Department of the Interior National Register Bulletin “How to Apply the National Register Criteria for Evaluation” of potentially historic resources for further information.

FINDING 1: The site, structure, building, or object exhibits exceptional historical significance and meets the below criteria.

8.05.070 (C.1.a.) paragraph (iii) - The resource reflects or exemplifies a particular period of national, state, or local history: The Cullerton-Chaddick Residence, completed in 1965, exhibits many stylistic markers that place it directly in the historical context of Palm Springs’ “Post-World War II Palm Springs” period. The custom-designed residential structure represents a prime example of significant Post-war architecture for which Palm Springs is internationally known. The Cullerton-Chaddick Residence may be considered an important component of the historical trends that have come to define Palm Springs’ image as a center of notable Modern architecture, i.e., a historical trend that exemplifies a particular period of the Item 2A - Page 21
4 national, state, or local history. The structure qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 3.

8.05.070 (C.1.a.) paragraph (iv) - The resource embodies the distinctive characteristics of a type, period, or method of construction: The Cullerton-Chaddick Residence is eligible under the theme of Modern architecture because it possesses numerous distinct features that make up the Midcentury Modern style. It is a high-end custom Midcentury Modern residence designed by master architect William F. Cody, using both high-quality but straightforward materials that root it to the site, as well as his signature wholly contemporary interpretation of the Old California ranch vernacular of early Palm Springs. It has significance for its distinctive characteristics. The structure qualifies as a Class 1 Historic Resource under Criterion 4.

8.05.070 (C.1.a.) paragraph (v) - High Artistic Value - The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced their 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. The structure designed by master architect William F. Cody is eligible under the Modern architecture theme because it possesses numerous distinctive characteristics that make up the Midcentury Modern style. These attributes include Cody’s signature synthesis of elegantly contemporary modernism with the local ranch-style architecture, including a wood shake roof, hand-trowelled stucco, and wood board-and-batten combined with aluminum, glass, and terrazzo. Though it is a thorough remodel of and expansive addition to an existing 1948 structure, it is a fine representation of Cody’s mastery. As a custom structure artfully designed by Cody, this building rises to a master architect's level with high artistic values. Therefore, for its distinctive characteristics representing the Midcentury Modern style, as a master architect's work, and its high artistic values, the Cullerton-Chaddick Residence qualifies as a Class 1 Historic Resource under Criterion 5.

SUMMARY: This evaluation finds the Cullerton-Chaddick Residence eligible for listing as a Palm Springs Historic Resource under 8.05.070 (C.1.a.) paragraphs (iii, iv, and v) of the local ordinance’s seven criteria.

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5 STATEMENT OF SIGNIFICANCE
Summary
The Cullerton-Chaddick Residence was designed in 1965 by master architect William F. Cody for Patrick J.

Cullerton and Harry F. Chaddick. It was a ground-up thorough remodel, with the addition of significant square footage, of an existing modest 1948 ranch-style house. The house has been meticulously preserved and maintained over the years and was given a very sensitive and compatible refresh in recent years by designer Bill Stewart, who owned the home from 2020-2024.

Location
The Cullerton-Chaddick Residence is located at West 572 Santa Elena Drive in Palm Springs, California, 92262.

The Architect – William F. Cody
A delicate balance exists between minimalism and monotony. In the glass-box high-rises and residences that characterized post-World War II Modernism, architecture often stripped away embellishment in pursuit of pure form and concept. While this approach led to striking innovations, it sometimes sacrificed vibrancy, resulting in structures that felt as lifeless as the desert sand.

A Palm Springs architect, William Cody (1917-1978), played a distinctive yet frequently underappreciated role in this movement. A dedicated Modernist who continually pushed boundaries toward more extraordinary elegance and daring forms, he infused his buildings with an unmistakable vitality. From his arrival in Palm Springs in 1942 until his passing in 1978, his firm remained consistently engaged, yet his recognition seldom extended beyond the Banning Pass. Unlike many of his contemporaries, Cody made little effort to publicize his work in architectural journals or attract clients in Los Angeles. Instead, most of his projects beyond Palm Springs originated from relationships developed in the region, particularly in the realm of country club design.

Born in Dayton, Ohio, in 1916 and raised in Los Angeles, Cody discovered architecture early, working alongside Cliff May in the late 1930s while attending the University of Southern California’s School of Architecture. Even as a student, he demonstrated both talent and affluence, impressing classmates with his convertible and employing them as draftsmen. Though May—now widely respected—had no formal training, his residential designs combined warmth with Modern sensibilities, drawing inspiration from regional ranch and hacienda styles while embracing contemporary construction techniques.

Cody inherited this emphasis on livability, often prioritizing comfort and lifestyle over rigid adherence to theoretical Modernist ideals. His classmate and friend George Hasslein recalled that Cody initially resisted Modernism. When it was introduced at USC around 1941, it sparked heated debates between the two; while Item 2A - Page 23
6 Hasslein quickly embraced the movement, Cody remained skeptical. However, he eventually adapted, refining his focus on striking compositions, slender proportions, and a consistent sense of elegance—all while preserving a welcoming spatial quality.

Despite his precise approach to design, Cody's personal life was exuberant and unrestrained. "Cody overworked and overplayed," fellow architect Stewart Williams once noted, "but he was a fine designer." Donald Wexler, who worked with Cody in 1952, observed that he was rarely present in the office during morning hours. The workspace itself—described as a shack, a tent, or even a cave—was nestled in a palm grove. Cody’s energetic social life earned him the moniker "Wild Bill." His animated personality even influenced his career decisions; Hasslein once considered forming a partnership with Cody but ultimately chose to preserve their friendship instead.

Although aware of his contradictions, Cody directed his creative energy into his work. "He was his architecture," Hasslein remarked. Fellow USC alum William Krisel praised Cody’s artistic abilities, recalling how he effortlessly perfected renderings with quick, skillful brushstrokes. His personal dynamism translated into his buildings, evident in their crisp proportions, bold detailing, and intricate spatial relationships. Unlike some of his contemporaries, Cody’s desert structures never became rigid or lifeless.

Cody relocated to Palm Springs in 1942 to manage his asthma, an illness that rendered him unfit for military service. He saw the city as a strategic base. "If I go to Palm Springs, I’ll be doing architecture all over the world," he once told Hasslein. His prediction proved accurate—his clients had extensive networks, allowing his work to extend beyond the desert. Among his most valued patrons was power tool magnate Robert McCullough, a friend who played a crucial role in securing commissions such as the Tamarisk Country Club clubhouse, which later led to the esteemed Eldorado Country Club project, designed in partnership with Ernest Kump.

One of Cody’s earliest desert projects, the 1947 Del Marcos Hotel, reflected influences from Taliesin West. It featured rustic stone walls juxtaposed with angled wooden supports, creating a design that appeared to grow naturally from the landscape. When the Thunderbird Dude Ranch transitioned into the Thunderbird Country Club in 1952, Cody was enlisted to renovate its Gordon Kaufmann-designed clubhouse. He preserved its relaxed, ranch-style Modern aesthetic but introduced a more streamlined approach in the surrounding bungalows, incorporating shallow gable roofs to redefine the Modern bungalow.

Cody’s portfolio was impressively varied. In 1957, he embraced the Googie style for Huddle’s Springs restaurant on South Palm Canyon Drive, a genre also explored by his USC classmates Eldon Davis and Louis Armet. The design experimented with bold angles and dynamic polygonal spaces, with wooden beams extending dramatically to define outdoor terraces shaded by vividly striped fabric canopies.

Cody's work spanned various building types, from religious institutions to gas stations. He played a pivotal role in the 1955 Spa Hotel project, collaborating with Wexler and Harrison. In 1964, he designed a striking Item 2A - Page 24
7 gas station near Albert Frey’s Tramway station, featuring a long, slender concrete slab extending over open service bays—an elegant structural gesture reminiscent of Frank Lloyd Wright’s Johnson Wax columns.

His 1968 St. Theresa Catholic Church showcased a more expressive design language. Its dramatic concave walls enclosed serene meditation courtyards, while a vast pyramidal roof covered the sanctuary, recalling both Gothic cathedrals and Eastern stupas. Inside, an elaborate post-and-beam structure created a soaring, uplifting spatial experience, reinforcing the building’s contemplative essence.

Cody’s own residence revolved around an interior embodying California’s indoor-outdoor living ideal. While many elements of his designs—slim roof planes, slender columns—were widely imitated, Cody’s work retained a distinct, personal energy. His structures, characterized by dynamic lines and daring cantilevers, exuded a sense of architectural tension, setting them apart from the more measured compositions of figures like Neutra.

Despite working in an era filled with extraordinary talent—including Eames, Koenig, Ellwood, Lautner, Frey, and Esherick—Cody’s ability to reinterpret established forms with originality placed him among Midcentury California’s finest designers. However, his contributions remained largely underappreciated.

After suffering a debilitating stroke in 1973, Cody’s firm continued under the leadership of Frank Urrutia until Cody’s passing in 1978. His influence persisted not only through his built legacy but also through his mentorship of younger architects, including Richard Holden, William Johnson, Ric Harrison, and Don Wexler.

Though several of Cody’s key works have been lost to demolition or insensitive alterations, his impact on Desert Modernism remains profound. In 2012, his contributions were recognized with a star on the Palm Springs Walk of the Stars during Modernism Week.

In 2021, PSPF co-published Master of the Midcentury: The Architecture of William F. Cody with Monacelli Press, authored by Cathy Cody, Jo Lauria, and Don Choi. This renewed attention has ensured that Cody’s work continues to inspire future generations, securing his rightful place in midcentury Modernist history. (Adapted from Patrick McGrew’s biography of Cody in PSPF’s Abernathy Residence Class 1 Resource Nomination, 2012.)

SIGNIFICANT OWNERS
ALICE MEYER (OWNER 1948-1960)
Alice Norah Cavanaugh Meyer (1892–1960) was born in Kentucky and faced significant hardship early in life.

Orphaned at a young age, she and her sister Frances Rose were separated into different institutions. While Frances Rose appeared in the 1900 census records at a convent orphanage in Cincinnati, Alice was documented in the 1905 New York census as an "inmate" at the St. Anne Home for Destitute Children in Item 2A - Page 25
8 Westchester. Her connection to orphanages remained significant throughout her life—her 1960 obituary requested donations to the Los Angeles Orphan's Home in lieu of flowers.

The details of Alice's journey from orphanage to adulthood remain largely unknown, but by the 1920s, she had established herself in Los Angeles and embarked on a career in the performing arts. On May 13, 1924, she married Alexander Chester Arthur Meyer, a New York-born musician and producer who had relocated to Los Angeles around 1920 after operating his company, A. E. Meyer and Co., in New York.

By 1925, Alice had gained recognition as an actress and dancer. The Los Angeles Times noted her performance in George M. Cohan's play "Little Nellie Kelly" at the Figueroa Street Theatre. Both Alice and Alexander were deeply immersed in the entertainment industry, with Alexander working as a musician and later serving as financial secretary for the Musicians' American Federation Union while maintaining active involvement in Masonic activities.

The couple's residence shifted between coasts. By 1930, they were living in Queens, New York, where Alexander worked as a theatre musician. However, they returned to California by 1935, taking up residence in Beverly Hills at 870 N. Doheny Drive—the home of Alice's sister, Frances Rose Cavanaugh, who had married German-born Albrecht Luettich. The 1940 census records show Alice working as a saleslady while Alexander worked as an office clerk for the Musicians' Union.

Throughout their years in Los Angeles, Alice and Alexander maintained a strong connection to Palm Springs.

According to her obituary, Alice spent forty winters as a resident of the desert community. In 1947, they purchased a parcel in the then-developing Chino Mesa Estates tract, and the following year, Alice built a modest ranch-style home. After Alexander's death in 1952, Alice continued to live in Palm Springs until she passed away in her home there on March 9, 1960.

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9 PATRICK J. CULLERTON (CO-OWNER 1961-1965; OWNER 1965-1981) Patrick J. Cullerton (1897-1981) was a towering figure in Chicago politics whose five-decade career left an indelible mark on the city's governance. Known affectionately as "Parky" to friends and constituents alike, Cullerton exemplified the traditional Chicago politician: effective, well-connected, and deeply committed to his constituents in the city's 38th Ward.

Cullerton belonged to one of Chicago's most prominent political dynasties, a family whose influence in the city's politics would span an extraordinary 144 years. The dynasty began with Edward F. "Foxy Ed" Cullerton, Patrick's great-uncle, who served as a Chicago alderman for a remarkable forty-nine years from 1871 until his death in 1920. The Cullertons were among Chicago's original settlers, establishing deep roots that would support generations of political ambition.

Patrick's own father, William James Cullerton (1874-1946), though unsuccessful in his bid for Congress, remained politically active and nurtured his son's interest in public service. This family legacy provided Patrick with a strong foundation for his own political aspirations.1 1 The Cullerton legacy continued for another 57 years after P.J.’s tenure. His brother, William (Willie) J. Cullerton, served as alderman from 1958 until he died in 1973. He was succeeded by his nephew, Tom Cullerton who held the position until his death in 1993. Then came an in-law, Tom Allen, who served from 1993 until 2010. The final Cullerton alderman was Tim Cullerton, also a city electrical inspector, who held office from 2011 until his retirement in 2015 following a ward remap.

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10 Unlike many politicians of his era, Cullerton pursued technical education, studying electrical engineering. He attended parochial school and St. Philip's High School before advancing to the Lewis Institute. His technical background would later distinguish him from many of his political contemporaries.

On March 27, 1914, Cullerton married Charlotte "Lottie" Moore (1896-1976) in Chicago. The couple welcomed their daughter, Helen, in November of the same year.

Cullerton's political career began in earnest in 1930 when he became a Democratic precinct captain. After an unsuccessful run for alderman in 1931, he persevered and won election to the Chicago City Council in 1935 as the representative of the 38th Ward. This position became his political home for over two decades, with consecutive reelections until 1958.

His political ascent accelerated when Mayor Anton J. Cermak appointed him as signal engineer for the Chicago Police Department, leveraging his technical background. He later served on the board of local improvements, building his reputation for competence and effectiveness.

Perhaps Cullerton's most significant contribution came through his chairmanship of the City Council's Finance Committee, a position he held from 1953 onward. This role, often considered the most powerful in the council, earned him the unofficial title of "assistant mayor" and granted him considerable influence over Chicago's financial decisions.

Simultaneously, Cullerton chaired the council's Emergency Committee, where he worked to eliminate fraud and waste in city operations. This dual responsibility demonstrated his commitment to effective governance and fiscal responsibility.

Cullerton proved a crucial ally to Mayor Richard J. Daley, particularly during the pivotal 1955 primary election that secured Daley's mayoral victory. Their alliance exemplified the power of Chicago's Democratic machine, with Cullerton representing a key component in Daley's political network.

In 1958, Cullerton transitioned to county government when he became Cook County Assessor. He held this position through multiple successful reelections until his retirement in 1974. As Assessor, he focused on ensuring fairness in property assessments while maintaining his influence within the Democratic political machine.

His retirement came amid a federal probe in 1974, after which—with Mayor Daley's blessing—he handed the assessor's position to his protégé, Tom Tully. Tully won the subsequent election but retired in 1978.

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11 (left to right) Alderman Patrick J "Parky" Cullerton, Sargent Shriver, Congressman Frank Annunzio, and Mayor Richard J. Daley at a political event in Chicago, 1970s. James Parker Collection, University of Illinois at Chicago. Library. Special Collections Department Beyond his governmental service, Cullerton actively participated in civic organizations, notably being elected president of the Irish Fellowship Club of Chicago in 1959. This involvement reflected his deep connection to Chicago's Irish American community and his commitment to civic life beyond politics.

At the time of his death on January 26, 1981, Cullerton was marking his fiftieth year in Chicago politics while still serving as the 38th Ward's Democratic committeeman. His passing was mourned as a profound loss to the city he had served for half a century.

In a tribute before the House of Representatives on January 28, 1981, Illinois Representative Frank Annunzio honored Cullerton's memory, describing him as "a quiet man who carefully listened to the people he represented" and who "prided himself on getting the proposals he initiated passed by the city council." Annunzio, who considered Cullerton a friend for over forty years, emphasized how he "greatly benefited from his advice and counsel."
Patrick J. Cullerton's legacy stands as a testament to effective public service in Chicago politics. Through his quiet leadership, strategic alliances, and genuine concern for his constituents, he helped shape Chicago Item 2A - Page 29
12 governance for generations to come. As Representative Annunzio concluded, Cullerton will be "remembered as one of the great leaders of Chicago."2
Tennis Club Valentines Party, Elaine and Harry Chaddick. Feb 14, 1967.

Palm Springs Life collection, Palm Springs Historical Society.

HARRY F. CHADDICK (CO-OWNER 1961-1965)
Harry Francis Chaddick (August 27, 1902 – May 30, 1994) transformed himself from a West Side Chicago stock boy into a multimillionaire whose influence shaped Chicago's skyline, revolutionized the American transportation industry, and ultimately benefited countless lives through his philanthropy. His extraordinary journey represents the quintessential American success story—one marked by innovation, adaptation, and a commitment to giving back.

Born to modest circumstances on Chicago's West Side, Chaddick entered the workforce at a young age. His early positions as a stock boy and later as an assistant pharmacist in a local drugstore instilled in him the tenacious work ethic that would become his hallmark.

In 1924, at just twenty-two years old, Chaddick took his first major entrepreneurial step by founding American Transportation Co. with a single truck purchased for $350. This humble beginning would evolve 2 CONGRESSIONAL RECORD- HOUSE January 28, 1981. HOUSE OF REPRESENTATIVES-Wednesday, January 28, 1981 Item 2A - Page 30
13 into one of the nation's largest trucking enterprises through his innovative approach to transportation logistics.

Chaddick distinguished himself as a transportation pioneer through several groundbreaking innovations. He was among the first to implement the "piggyback" method—an integrated approach combining rail and truck shipping that dramatically improved efficiency. His company also led the industry by equipping trucks with two-way radios, enhancing communication and operational effectiveness long before such technology became standard.

By the 1930s and 1940s, Chaddick's trucking operation had grown into one of the largest in the United States.

His expertise in logistics earned him national recognition, and he became an influential voice in transportation policy, regularly negotiating with powerful labor unions, including Jimmy Hoffa's Teamsters.

During World War II, Chaddick's logistical acumen was put to patriotic use when he oversaw the crucial transportation of troops and supplies to North Africa. This contribution to the war effort further cemented his reputation as a master of logistics. In 1954, having built a transportation empire, Chaddick sold his trucking businesses and by 1957 had largely exited the shipping industry to pursue new challenges.

Chaddick's transition to urban planning began in the late 1940s when Mayor Martin H. Kennelly recruited him to resolve contentious zoning disputes regarding truck terminals in Chicago. His successful mediation led to his appointment as the city's Director of Zoning under both Mayor Kennelly and his successor, the legendary Mayor Richard J. Daley.

In 1957, Chaddick spearheaded the development of Chicago's first Comprehensive Zoning Ordinance—a landmark achievement that modernized the city's zoning laws and encouraged retail and high-rise development. This visionary reform facilitated the development of iconic Chicago landmarks, including the Daley Center and First Chicago Plaza. Despite the far-reaching impact of his work, Chaddick later characterized his approach to zoning as pragmatic rather than visionary—a modest assessment of his transformative influence on Chicago's urban landscape.

After departing the trucking industry, Chaddick channeled his entrepreneurial energy into real estate development as the head of First American Realty. His talent for identifying underutilized properties led to several significant developments, including the transformation of a former World War II aircraft engine plant into the Ford City Mall. His portfolio expanded to include other notable shopping centers such as the Brickyard Shopping Center, Forest Park Mall, and Addison Mall.

Chaddick's vision extended beyond Chicago to Palm Springs, California, which he first visited in 1946.

Recognizing the desert community's potential, he acquired several key properties by the early 1960s and collaborated with renowned architect William F. Cody to develop prestigious projects, including the Tennis Club Hotel, the Palm Springs Country Club, and the Andreas Hills residential neighborhood.

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14 In 1987, Chaddick sold First American Realty and its affiliated entities to Lexington Development Corp. of Arlington Heights, though he maintained Harry F. Chaddick Associates as a consulting firm until gradually retiring from active business pursuits.

Chaddick's personal life was as eventful as his professional career. He married Rose Badall (1910-1989) on his birthday, August 27, 1924, and they had one daughter, Camille (1925-1999), before eventually divorcing. His second marriage to Maybelle Arpin in 1934 ended with her death in 1941.

In 1955, Chaddick married Elaine Torbin (1914-2002) after meeting her at a Chicago nightclub. Elaine proved to be not just a life partner but a crucial ally in his business endeavors, hosting influential gatherings that brought together Chicago's business and political elites. The couple formed close friendships with key figures, including Mayor Richard J. Daley and Jay McMullen, husband of future Mayor Jane Byrne.

Perhaps the most harrowing chapter of Chaddick's personal life came on May 8, 1979, when Elaine was kidnapped from their Palm Springs home. Held for three days in the desert near Joshua Tree National Park, her ordeal culminated in a dramatic ransom exchange, a high-speed chase, and gunfire before she managed to free herself and reunite with Harry and FBI agents. This remarkable incident later inspired both a book—FBI agent Herb Clough's 2008 Night of the Full Moon—and a 2017 film titled Do It or Die.

In the twilight of his career, Chaddick channeled his considerable resources into philanthropy. He and Elaine established the Harry F. and Elaine Chaddick Foundation in 1986, which funded medical, scientific, educational, and religious organizations. His substantial contributions to The Salvation Army helped establish both a social service center on Chicago's South Side and a fifty-one-unit senior citizens residence.

His philanthropic vision extended to academia through his support of DePaul University, where he helped establish the Chaddick Institute for Urban Development—ensuring that his expertise in urban planning would benefit future generations. In recognition of his commitment to education and urban planning, Chaddick was inducted into the Chicago Board of Realtors Hall of Fame in 1988.

In 1990, Chaddick published his autobiography, Chaddick! Success Against the Odds, documenting his extraordinary journey from humble beginnings to business titan and philanthropist. His extensive papers, including records of his pioneering work in zoning and real estate, were later acquired by DePaul University's Special Collections and Archives, preserving his legacy for future scholars.

Harry Francis Chaddick passed away in hospice care on May 30, 1994, at the age of 91, leaving behind a transformed Chicago landscape, innovations in transportation that continue to influence logistics today, and philanthropic institutions that carry forward his commitment to urban development and social welfare.

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15 Chaddick and Cody at groundbreaking of Tennis Club Estates, October 28, 1964.

Courtesy Palm Springs Historical Society, Palm Springs Life Collection.

CHADDICK AND CODY COLLABORATIONS IN PALM SPRINGS
Beginning in 1960, Harry F. Chaddick established himself as one of Palm Springs' most influential developers, transforming the desert landscape through a series of ambitious projects that would redefine luxury living in the area. His visionary approach to development, coupled with his strategic partnership with renowned architect William F. Cody, created an architectural legacy that continues to shape Palm Springs' aesthetic identity today. Chaddick's investment in Palm Springs was driven by his unwavering belief in the city's potential as a premier luxury destination, leading him to acquire and develop over 1,000 acres of property throughout the region.

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16 The Tennis Club: (1961-1973)
The partnership between Chaddick and Cody began in earnest with the 1961 acquisition of the prestigious Palm Springs Tennis Club. Purchasing the property from Palm Springs pioneer Mrs. Pearl McManus for $1 million, Chaddick immediately recognized the club's untapped potential. Rather than simply maintaining the status quo, he envisioned transforming the existing facility into a comprehensive luxury destination while preserving its exclusive character and historic charm.

Modernization and Expansion (1962-1965)
Upon acquiring the club, Chaddick enlisted Cody—already established as a leading figure in Midcentury Modern architecture—to oversee an ambitious redesign. The initial renovations focused on enhancing existing amenities, including remodeling the swimming pool, expanding the tennis courts to six, and upgrading the club's living units and landscaping.

In 1962, Chaddick commissioned Cody to design more than twenty bungalows across the street from the clubhouse. Completed in 1963, these luxurious accommodations elevated the club's offerings by providing comprehensive amenities including housekeeping, switchboard service, and room service. The success of this initial expansion prompted Chaddick to commission Cody to design additional bungalows on an adjoining property to the east in 1964. This strategic expansion transformed the Tennis Club from a recreational facility into a premier residential and hospitality destination.

The Tennis Club Homes (1963-1965)
Building on the success of the bungalows, Chaddick unveiled plans for The Tennis Club Homes in 1963—a pioneering condominium development featuring fifty units designed to complement the club's existing aesthetic. Cody's design epitomized modernist elegance with clean, rectangular forms and floor-to-ceiling glass that maximized views while integrating indoor and outdoor living spaces.

Each unit featured two bedrooms, with the most luxurious option offering a two-story layout spanning 2,178 square feet. The model home, expertly furnished by celebrated interior designer Arthur Elrod, showcased Cody's commitment to understated luxury and functional design. Despite initial zoning challenges—the land was designated for single-family residences—Chaddick persevered, breaking ground in February 1965 and establishing the Tennis Club as a full-fledged residential community comparable to emerging golf club developments such as Eldorado Country Club.

The Tennis Club Hotel (1969-1973)
With the Tennis Club thriving as a residential and recreational destination, Chaddick sought to further expand its offerings. In 1969, he purchased the McManus estate directly north of the club, initially proposing an ambitious ten-story, 200-room hotel. When zoning restrictions proved prohibitive, he modified his vision to a six-story, 150-room hotel in 1971, but continued to face regulatory challenges.

Undeterred, Chaddick and Cody adapted their plans once again, presenting a redesigned two-story, 106-room luxury hotel in 1972 that complied with existing zoning laws. The revised design incorporated underground Item 2A - Page 34
17 parking, additional swimming pools, and staggered architectural sections that enhanced visual appeal while maintaining the club's intimate ambiance.

Working within the constraints of a narrow lot, Cody employed innovative techniques to avoid monotony, including setbacks, projecting walls, and his signature cantilevered balconies. Rather than conventional corridors, he designed breezeways lined with large planters, creating a distinctive passage for guests. The structural walls, crafted from beige-colored split-face concrete block, harmonized with the natural surroundings and echoed the texture of nearby Mount San Jacinto.

Completed in November 1973, the Tennis Club Hotel represented the culmination of Chaddick and Cody's collaborative vision, seamlessly bridging the single-story bungalows with the majestic mountain backdrop and cementing Chaddick's reputation as one of Palm Springs' most influential developers.

Andreas Hills (1968-1973)
In 1968, Chaddick unveiled his most ambitious Palm Springs project to date: a $20 million residential and hotel development on a sprawling 401-acre tract in the southern region of the city. Andreas Hills-in-the-Canyon was conceived as an elite residential enclave that would blend luxury living with the dramatic desert landscape, marketed as the "Bel Air of Palm Springs."
Cody's master plan for Andreas Hills encompassed luxury single-family homes, high-rise condominiums, and a resort hotel. Construction began before the end of the 1968-69 resort season, with high-end amenities including a clubhouse, putting greens, and equestrian trails designed to appeal to sophisticated buyers seeking a comprehensive and refined desert lifestyle.

By the early 1970s, Andreas Hills entered its second phase, introducing an array of two- and three-bedroom condominiums and townhouses. The grand opening was marked by a ribbon-cutting ceremony attended by Hollywood celebrities, reinforcing the development's elite status. Cody's architectural excellence during this phase earned him an Award of Excellence from the Inland California Chapter of the American Institute of Architects.

Chaddick's vision for Andreas Hills culminated in 1973 with the launch of Phase III, which added more highend homes and condominiums. Each of the three condominium complexes was thoughtfully organized around lush green spaces and resort-style swimming pools, fostering a sense of community and leisure. As an additional incentive for potential buyers, homeowners were offered complimentary memberships to either the Palm Springs Tennis Club or the Whitewater Country Club, reinforcing Chaddick's concept of an integrated luxury lifestyle.

While the originally planned luxury hotel component was never executed, Andreas Hills flourished as a prestigious residential community. Cody's signature design elements—post-and-beam construction, expansive glass facades, and the use of organic materials—became defining characteristics of the development, creating a cohesive architectural identity that continues to distinguish Andreas Hills to this day.

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18 Whitewater Country Club (1966-1978)
In 1966, demonstrating his characteristic ability to identify overlooked potential, Chaddick made a strategic investment in the San Jacinto Golf Club—a failed golf course development in northern Palm Springs. While the property had deteriorated beyond its economic potential in the eyes of many investors, Chaddick recognized an opportunity in its twenty-eight-acre island of vacant land at the center of the course.

In 1969, he expanded his investment by acquiring the San Jacinto Country Club, which he renamed Whitewater. In 1971, construction began on the Country Club Condominiums, with the first phase of sixty units completed by spring 1972, followed by a second phase of thirty-eight units in January 1975. When Cody suffered a stroke before designing the third and fourth phases, architect Bernard Leung stepped in to complete the project according to the established design principles.

The development's comprehensive master plan included 236 condominium units constructed in five phases between 1972 and 1977. The first units, located along the southwestern portion of Whitewater Club Drive, were completed in 1972. The second phase, south of Easy Street, followed in 1974, with subsequent phases— including units north of Easy Street and the westernmost residences—developed after 1977.

These "Fairway Condominiums" offered diverse living options, featuring one-, two-, and three-bedroom layouts in both single-story and two-story designs, ranging from 1,794 to 2,310 square feet. To prevent visual monotony, Cody incorporated four distinct building types with six different unit layouts ranging from 885 to 1,430 square feet. Drawing inspiration from his work at Andreas Hills, he arranged the Whitewater condos around lush green spaces and swimming pools, creating an environment of tranquility and refined leisure.

To establish a clear identity for the property, Chaddick rebranded the club as the Palm Springs Country Club in 1978. Enhancements included new tennis courts, a swimming pool, and a clubhouse officially dedicated on November 25, 1972. Despite the high-quality construction and the prestige associated with Cody's architectural designs, the Palm Springs Country Club never achieved the commercial success of Chaddick's other ventures.

Legacy
Chaddick's contributions to Palm Springs' architectural landscape extended beyond these major developments, with his portfolio ultimately encompassing more than 1,000 acres throughout the region. His partnership with William F. Cody produced some of the most distinctive examples of Midcentury Modern architecture in the area, creating spaces that seamlessly integrated indoor and outdoor living while responding sensitively to the desert environment.

Chaddick's ability to transform underutilized properties into vibrant, upscale communities demonstrated his exceptional entrepreneurial vision. In recognition of his achievements and his remarkable journey from humble beginnings to becoming a leading figure in the real estate industry, Chaddick received the prestigious Horatio Alger Award in 1970.

Today, Chaddick's developments remain an integral part of Palm Springs' architectural heritage, embodying the optimistic spirit of midcentury modernism and serving as enduring testaments to his vision of desert luxury.

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19 The successful collaboration between Chaddick's development acumen and Cody's architectural genius produced spaces that continue to define Palm Springs as a destination for those who appreciate the harmonious relationship between Modern design and natural beauty. “UNDER CONSTRUCTION - The luxurious $2 million dollar plus Tennis Club Hotel on South Tahquitz Drive will provide 106 additional rooms bringing total accomodations to 215 including the existing garden apartments and bungalows. Designed by Architect Wm Cody the ultra-modern two-story hotel will provide underground parking, a moll to the club grounds, shops, a glamorous, high ceiling lobby and be a “showcase of elegance" on the 27 acre club complex, according to President Harry F.

Chaddick who is also developing Andreas Hills and Whitewater Country Club. On site development also provides for a spectacular lighted waterfall and reflection pool in the adjacent ravine.”(From Desert Sun, September 18, 1972) Item 2A - Page 37
Monday, September 11, 1977 - Tlf£ OfS£1l SUW - AT
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20 William F. Cody Papers 2. FOLDER 23, BOX 74; Series: Office Records - Public Relations. Courtesy Special Collections and Archives, Robert E. Kennedy Library, Cal Poly, San Luis Obispo Item 2A - Page 38
"TENNIS CLUB HOMES"

CONDOMINIUM GROUND BREAKING CEREMONY
Shown from left are Phil Regan, ,vice,president; Harry F. Chaddick, pre.ident; William Cocly1 architect; Larry Feagans, First i\merican Title Co., and vice,mayor, George Beebe.

This ceremony was attended by a large gathering of enthusiastic members who know that this "aristocrat" of all condominiums will reflect the true image of luxury.

Only fifty of these prestige homes are to be built. If you or your friends are interested do come in, or write us for the list of choice locations still avail, able. Applications are now being taken by our sales staff. 21 “A PATIO WEDDING at the home of Mr. and Mrs. Patrick Cullerton, united Chicagoans Miss Elaine Torbin and Henry F.

Chaddick. Pictured at the ceremony, left to right, are John F. Ward, Patrick Cullerton, the bride and bridegroom, and Tony Cosentino.” Desert Sun, May 2, 1955.

THE ARCHITECTURE OF THE CULLERTON-CHADDICK RESIDENCE
Patrick J. Cullerton and Harry F. Chaddick had been good friends in Chicago for many years, outside of the community work they routinely did together. In his role as alderman, Cullerton had asked Chaddick, with his planning background, to rezone the city of Chicago. As Chaddick later recalled, "I took on the job of rezoning Chicago because Parky Cullerton asked me to when he couldn't get anyone else to do it. I worked on it for five years, developing a complete inventory of the city's land use. I did it with no vision in mind, merely figuring out how the city's land was being used."
The Cullertons and Chaddick began visiting Palm Springs after World War II ended. The Cullertons were the first to purchase a home there, buying a recently built residence at 573 West Mariscal Drive in Chino Mesa Estates in 1950. In 1955, Cullerton's brother John and his wife Esther bought a property three houses east at 467 West Mariscal. That same year, Chaddick married Elaine Torbin on the patio of the Cullerton residence.

A few years later, the Chaddicks purchased a house at the northeast corner of West Mariscal and North Via Norte, several dwellings east of the Cullerton residence.

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22 In March 1960, Alice Meyer, the original owner of 572 Santa Elena, died. Later that year, in December, Cullerton's home, which was directly adjacent to Meyer's property to the north, was listed for sale due to the owner's illness—though Cullerton lived for twenty-one more years with no documented explanation of this illness in the research for this nomination.

In April 1961, Chaddick purchased the Tennis Club for $1 million. The following month, on May 26, 1961, the estate of Alice Meyer sold 572 Santa Elena to Patrick J. Cullerton and Harry F. Chaddick jointly. Their intent for the house remains unclear, as both men continued to reside in their existing homes for several years afterward. The 1962 Palm Springs Telephone Directory lists "Cullerton & Chaddick" as the residents at 572 Santa Elena, while both men are separately listed at their own addresses as well.

The swimming pool area of the Chaddick’s Via Norte residence at left matches the drawing created by Cody for the site.

From William F. Cody Papers 2; Box 35, Folder 3. Courtesy Special Collections and Archives, Robert E. Kennedy Library, Cal Poly, San Luis Obispo.

The acquisition of 572 Santa Elena coincided with the beginning of Chaddick's extensive collaboration with architect William F. Cody, who would design nearly all of Chaddick's major projects in the Palm Springs area.

While Cody worked on upgrading the Tennis Club, he also designed a swimming pool for Chaddick's personal residence in 1963, with the drawings now preserved in the Cody archives at Cal Poly San Luis Obispo.

Concurrent with these projects, Cody developed plans to completely transform the modest Alice Meyer residence, retaining only the foundation and chimney. The renovated home, which added 800 square feet, emerged as a masterwork of modernist desert architecture that seamlessly integrated contemporary design with Palm Springs vernacular traditions. Constructed in 1965, the residence exemplifies Cody's signature aesthetic through its geometric forms, natural materials, and sophisticated indoor-outdoor living spaces.

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23 Current day photographs of the motor court area.

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24 Top: Cody used simple masonry units, laid vertically, to create a custom screen wall.

Bottom: A similar screen wall designed by Cody for the Racquet Club Garden Villas used custom terra cotta pieces.

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25 Streetside Façade
Approaching the residence, the streetside façade presents a meticulously designed entryway. Originally, a pergola structure with six squared stucco columns supported an open-beamed roof above the parking area, backed by a slumpstone retaining wall. During the 2020 restoration, this structure was removed and replaced with exposed aggregate paving. A new decorative concrete block wall, matching the original walls' detailing, was added along the eastern edge of the parking area.

A series of low slumpstone retaining walls with wide concrete steps ascend to the entry structure, flanked by two imposing rectangular stucco columns that mirror the overhanging supports of the adjacent house. A massive, angled wood beam connects these columns, its tilt reflecting the house's overhang, while the space above remains open. A custom-designed steel gate features vertical rectangular flat steel bars and a horizontal panel housing the address numbers and doorknob, echoing the hardware of the main entrance. Beyond the gate, an exposed aggregate landing welcomes visitors.

Board-and-batten siding on streetside façade of house.

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26 The garage.

Screen block elements composed of standard rectangular concrete bricks in varied orientations create a distinctive pattern reminiscent of Cody's terracotta screen walls at the Racquet Club Garden Villas. The landscape incorporates gray granite boulders and gravel interspersed with desert plants and palm trees. The façade's western portion transitions to vertical rough-hewn board-and-batten siding, with alternating narrow and wide battens as a contemporary reference to Palm Springs' ranch-style heritage. A large garage door marks the end of this façade.

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27 Through the gate at the entry, looking toward the primary façade.

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28 Primary Façade
Past the entry gate, visitors encounter an exposed aggregate landing open to the sky. A rightward turn begins a narrowing passageway that creates a dynamic spatial experience before opening into a covered entry pavilion. The passageway constricts further where a projecting room extends into this space. Here, two substantial rectangular columns support a double-beamed ceiling of rough-sawn wood with translucent white stain.

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29 Looking toward the entrance from the terrazzo terrace in front of the primary façade.

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30 Cody’s Rubenstein Residence in Rancho Mirage (bottom) has a very similar composition, arrangement of materials, and design for a deep overhang.

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31 One step up leads to a broad white terrazzo platform. To the right, a slumpstone retaining wall and descending steps connect to the swimming pool and garden. To the left, a deep overhang supported by rectangular stucco columns extends toward a solid wall, sheltering a primary façade of sliding glass doors. Two shallow steps lead to a recessed double-door entry adorned with custom hardware—a Cody signature. The doors were upholstered in black imitation leather with nailhead trim.

Further along, the front façade projects outward from a bedroom, with additional steps leading to another sliding glass door. The front loggia terminates in a seating area paved in exposed aggregate centered around a sunken firepit. Behind this, a blue decorative panel in a concrete wall cascades water into a narrow pool, adding a soothing auditory element. The pitched roofs feature split wood shakes, reminiscent of Cody's Abernathy Residence.

Garden
The garden features a cruciform-shaped swimming pool with a matching cruciform spa, both original elements from Cody's 1965 design. The surrounding white terrazzo pool deck mirrors this cruciform layout and is enclosed by slumpstone walls. A narrow turf strip borders the pool deck, leading to an exposed aggregate seating area framed by a slumpstone retaining wall. From this vantage point, concrete steps descend to a larger lawn bordered by natural granite boulders.

View southwest from garden area, looking toward swimming pool, spa, and house.

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32 Looking toward the primary façade from white terrazzo pool deck. Note cruciform shape of pool.

Privacy is maintained by ficus hedges encircling the garden, while various palm species provide vertical interest.

A cluster of Aleppo pines offers additional shade. Throughout the landscape, gravel planting beds showcase diverse desert flora. North of the house, an expanse of gray gravel with larger boulders hosts a grove of palo verde trees and other desert-adapted plants.

Two concrete patios extend the living space into the garden. One adjoins the primary bedroom, creating an intimate outdoor retreat, while a larger patio off the dining room features a slatted wood pergola supported by wooden posts and beams. This shaded terrace includes a panel of turf, a stucco-covered brick retaining wall, and large embedded boulders. Steps ascend to another exposed aggregate seating area sheltered by mature trees.

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33 Interior
The grand double-door entry opens into a spacious living room dominated by a book-matched wood-paneled wall with an elegant fireplace framed in matching wood and faced with white marble. Opposite this feature, expansive sliding glass doors connect to the outdoors. White terrazzo flooring throughout the public spaces continues the material palette from exterior to interior.

Adjacent to the living room, the dining area continues the rich book-matched wood paneling theme. A wall of floor-to-ceiling folding wood doors with piano hinges conceals a large mirrored wet bar featuring olive green Formica counters and glass shelving. Floor-to-ceiling aluminum-framed sliding glass doors complete the space.

The kitchen, accessible from the dining room, features tall folding wood doors topped with a mirrored panel.

Cabinetry crafted from the same book-matched wood pairs with white quartz countertops and white terrazzo flooring. A signature Cody detail—a large sliding window flush with the kitchen counter—invites natural light and garden views.

From the living room, a doorway leads to an intimate den where a fireplace echoes the living room's design.

Floor-to-ceiling sliding glass doors open to the exterior, where a vertical steel waist-high fence mirrors one found near the motor court. A floor-to-ceiling fixed-pane window frames a garden view, reinforcing Cody's commitment to indoor-outdoor integration.

A short hallway lined with closets behind folding wooden doors connects to two spacious bedrooms, each with an adjoining bathroom. These private spaces maintain Cody's design language through floor-to-ceiling sliding glass doors and fixed-pane windows that open to the surrounding gardens, ensuring constant dialogue between interior and exterior environments.

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34 Carport area in 2015 Google photo.

CHANGES OVER TIME
Most of the documented changes occurred when designer Bill Stewart restored the house in 2020. All were sensitive to the original architecture and design intent.

Exterior Changes
Motor Court renovation removed structure of vertical stucco columns and overhead beams • Replaced plain concrete paving with exposed aggregate finish Front Door Replacement
• Original: Black vinyl with distinctive nailhead pattern (decayed over time) • Current: Painted wood door. Original distinctive hardware was preserved Garage Modification
• Added sliding glass door to rear wall of garage. Door faces a pergola-shaded patio at the rear of the house
Roof
• Added fire-resistant wood shake roof, a material often used by Cody and thought to be original to house.

Landscape and Outdoor Living Changes
• Added new seating areas
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35 • Added recreation areas such as firepit and fountain • Used exposed aggregate paving to match motor court aesthetic • Planted additional palm trees
• Implemented various other landscape enhancements and improvements

CHARACTER-DEFINING FEATURES
Contributing Elements
The Chadwick-Cullerton is an exceptional example of a custom-designed Midcentury Modern residence. It exhibits numerous extant character-defining features including:
• Pitched roofs clad in split wood shakes
• Rectangular stucco columns throughout
• Massive angled wood beam connecting entry columns
• Screen block elements made of rectangular concrete bricks in varied orientations • Vertical rough-hewn board-and-batten siding with alternating narrow and wide battens • Cruciform-shaped swimming pool and matching cruciform spa (original to Cody's 1965 design) • White terrazzo pool deck mirroring the cruciform layout • Slumpstone retaining walls throughout property
• Floor-to-ceiling sliding glass doors and fixed-pane windows throughout • Floor-to-ceiling folding wood doors with piano hinges (concealing wet bar) • Ceiling sections of rough-sawn wood with translucent white stain • Mirrored panels above doors
• Matching fireplace designs in living room and den
• Seamless transitions between interior and exterior spaces • Strategic window placement framing garden views
• Extension of materials (particularly terrazzo) from inside to outside • Multiple access points to outdoor spaces from nearly every room Non-Contributing Elements
• Entry gate and matching gate outside the den’s sliding doors • Sliding glass door at rear of garage
• Firepit and waterfall area
• Exposed aggregate motor court paving and paving inside garden areas Item 2A - Page 53
36 Other Sources Consulted
• Historic Resources Group. City of Palm Springs Citywide Historic Context Statement & Survey Findings.

Pasadena, 2015 (Final Draft, December 2018).
• Architectural Resources Group. City of Palm Springs Historic Resources Survey. San Francisco, 2004. • Historic Site Preservation Board. Inventory of Historic Structures. Palm Springs, 2001. • www.newspapers.com (Desert Sun and Los Angeles Times). • City of Palm Springs (Planning and Building Departments). • Ancestry.com.
• Palm Springs Historical Society.
• Riverside County Assessor’s Office.

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)
• 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 Cullerton-Chaddick 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 individual's association with the property must be connected to the specific period when he or she made his or her contributions to American history. Properties that are not associated with an individual's significant accomplishments, such as birthplaces, childhood homes, vacation homes, or retirement homes, are usually not eligible:

The Cullerton-Chaddick Residence was owned by longtime Chicago alderman Patrick J. Cullerton. Cullerton was from a prominent family who had been councilmembers in Chicago for 144 years. It was co-owned by Harry F. Chaddick, a multimillionaire philanthropist, real estate developer, and former Director of Zoning of Chicago. In the 1960s through the 1970s, Chaddick was Palm Springs’ biggest and most important land developer, whose projects left a lasting imprint on the desert resort. Chaddick’s architect of choice for his extensive projects was William F. Cody. Though the Cullerton-Chaddick Residence is affiliated with significant Item 2A - Page 54
37 persons, both locally and nationally, it was primarily Cullerton’s vacation home, and therefore, does not qualify under Criterion 2.

ARCHITECTURE (Criterion 3 – 6)
CRITERION 3 - The resource reflects or exemplifies a particular period of national, state or local history: The Cullerton-Chaddick Residence, completed in 1965, exhibits many stylistic markers which place it directly in the historic context of Palm Springs’ “Post-World War II Palm Springs” period. The customdesigned residential structure represents a prime example of significant Post-war architecture for which Palm Springs is internationally known. The Cullerton-Chaddick Residence may be viewed as an important component of the historic trends that have come to define Palm Springs’ image as a center of notable Modern architecture, i.e., a historic trend that exemplifies a particular period of the national, state or local history.

The structure 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 Cullerton-Chaddick Residence is eligible under the theme of Modern architecture because it possesses numerous distinct features that make up the Midcentury Modern style. It is a high-end custom Midcentury Modern residence designed by master architect William F. Cody, using both simple but highquality materials that root it to the site, as well as his signature wholly contemporary interpretation of the Old California ranch vernacular of early Palm Springs, it has significance for its distinctive characteristics. The Cullerton-Chaddick Residence qualifies as a Class 1 Historic Resource 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. The structure designed by master architect William F. Cody is eligible under the theme of Modern architecture because it possesses numerous distinctive characteristics that make up the Midcentury Modern style. These attributes include Cody’s signature synthesis of elegantly contemporary Modernism with the local ranch-style architecture, including: wood shake roof, hand-trowelled stucco, and wood board-and-batten, combined with aluminum, glass, and terrazzo. As a custom structure artfully designed by Cody, this building rises to a master architect's level with high artistic values. Therefore, for its distinctive characteristics representing the Midcentury Modern style, as a master architect's work, and its high artistic values, the Cullerton-Chaddick 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 structure does not qualify Item 2A - Page 55
38 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 Cullerton-Chaddick Residence is not likely to yield information important to the national, state or local history or prehistory. Hence, the structure does not qualify under Criterion 7.

SUMMARY: This evaluation finds The Cullerton-Chaddick Residence eligible for listing as a Palm Springs Historic Resource under 8.05.070 (C.1.a.) paragraphs (iii, iv, and v) of the local ordinance’s seven criteria.

INTEGRITY ANALYSIS (USING US SECRETARY OF THE

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 integrity (that is, convey their significance) or they do not. The definition of integrity 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 community planning, engineering, architecture, and landscape architecture. Design 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 Cullerton-Chaddick Residences' essential elements of form, plan, space, structures, configuration, and style have remained largely intact. Similarly, the structural system, massing, the arrangement of spaces, and the type, amount, and style of detailing have survived with a reasonably large portion intact. William F. Cody’s signature synthesis of the Midcentury Modern aesthetic is blended with the more substantial ranch vernacular, emphasizing rich materials and interesting textures. The large Item 2A - Page 56
39 expanses of glass still flood the interiors with natural light, emphasizing the indoor/outdoor relationship in every room.

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 Cullerton-Chaddick Residence’s materials successfully represent the best of Midcentury Modern design, with high-quality but simple hand-trowelled stucco, wood, brick, decorative masonry, and terrazzo.

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 innovative 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 both technological practices and aesthetic principles. Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery. The Cullerton-Chaddick Residence continues to reflect William F. Cody’s original as-designed relationship between the structure and site. As is typical of other Cody-designed structures, the Cullerton-Chaddick Residence was built using high-quality materials, and had an emphasis on the horizontal line. …contemporary materials like terrazzo glass, and aluminum express Cody’s forward-thinking Modern style.

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 Cullerton-Chaddick Residence remains in its original location and therefore qualifies under this aspect.

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 Item 2A - Page 57
40 Cullerton-Chaddick Residence is a contemporary residence that references details of the earlier ranch-style vernacular architecture of Palm Springs. Designed for a generous lot in the Chino Mesa Estates tract, the setting of the Cullerton-Chaddick Residence continues to reflect William F. Cody’s original design relationship of site and structure.

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 Cullerton-Chaddick Residence is an elegant custom home that features many of architect William F. Cody’s signature design elements, and it still conveys a sense of the Midcentury Modern period for which Palm Springs is internationally renowned. The Cullerton-Chaddick Residence boasts a scale and presence that still blend seamlessly into this unique neighborhood. Accordingly, the Cullerton-Chaddick 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 Revolutionary War battlefield whose natural and man-made elements have remained intact since the 18th 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 eligibility of a property for the National Register. The Cullerton-Chaddick Residence is a fine example of a custom-designed home by William F. Cody in his signature Midcentury Modern style. Architectural signatures, such as the contemporary interpretation of Ranch vernacular with wood shake roofs, terrazzo, and large expanses of glass, allow one to recognize the structure as the work of William F. Cody.

INTEGRITY SUMMARY: This integrity analysis confirms that the site and structure of the CullertonChaddick Residence still possess seven aspects of integrity.

Item 2A - Page 58
41 A P P E N D I C E S
I OWNER’S LETTER OF SUPPORT
Item 2A - Page 59
January 14, 2025
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 residence 572 W. Santa Elena Road, Palm Springs, designed by William Cody, we are thrilled to support the Class 1 Historic Site designation of our property by the City of Palm Springs.

We have engaged the Palm Springs Preservation Foundation, primarily Vice President Steven Keylon, to advise and assist us with the preparation of all required nomination paperwork. We are grateful for all their work on our behalf.

Please contact us with any questions or concerns at 415 509 6273.

Sincerely,
Jonathan H. Wurtzel Christian H. Winslow
42 II ASSESSOR’S MAP AND AERIAL
Property Address 193 S PALM CANYON DR
PALM SPRINGS, CA 92262
APN 513143006
Item 2A - Page 60
504-28 T.C. Mff- oo,
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0 ASSESSOR'S MAP RK. $(N PG.,?6 RIYEIISJDC COVNTY, CALIF. ~• 43 III CHAIN OF TITLE
LOT 24 OF CHINO MESA ESTATES
September 15, 1947 Chino Mesa Estates, Corp., to Alexander and Alice Meyer April 2, 1948 Alexander C. Meyer to Alice Meyer
May 26, 1961 Estate of Alice N. Meyer to P.J. Cullerton and Harry F. Chaddick May 13, 1965 Harry Chaddick to P. J. and Charlotte E. Cullerton March 11, 1977 Affidavit of Joint Tenant (Charlotte Cullerton) November 3, 1983 Estate of Patrick J. Cullerton to Nick and Diana S. Kouracos June 10, 2008 Nick and Diana Kouracos to Kouracos Family Trust April 8, 2011 Affidavit of Death of Trustee Diana S. Kouracos April 1, 2011 Nick Kouracos, Trustee to Anthony L. Hamilton and Marilyn F.

Walsh
May 1, 2012, Anthony L. Hamilton and Marilyn F. Walsh to Carisa Monique Bianchi and Peter Robert Andress
May 24, 2017 Carisa Monique Bianchi and Peter Robert Andress to BianchiAndress Trust March 9, 2020 Bianchi-Andress Trust to William F. Stewart January 9, 2024 William F. Stewart to Jonathan H .Wurtzel and Christian H.

Winslow
Item 2A - Page 61
44 IV BUILDING PERMITS
Date Owner Permit Type Description of Work
1-21-48 n/a Plumbing 1 cesspool
1-21-48 n/a Building 5 room dwelling; frame & stucco; shingle roof, as per plan. 135x176 lot size; 1685 sq. ft. 14’
high.
?-9-48 n/a Electrical 6 conductors; 60 switches; 8 size fuse panel; 86 outlets; 30 fixtures;
3-2-48 Meyer Plumbing 1 bathtub; 6 gas outlets; 3 lavatories; 1 laundry tray; 3 showers; 1 sink; 3 toilets; 1 water
heater;
7-23-59 Alice Meyer Plumbing 1 lavatory; 1 toilet; 1 shower 8-4-59 Alice Meyer Electrical 1 outlet
1-26-60 Alice Meyer Building Addition of 28’ storage room Not
legible,
perhaps
1960
Alice Meyer Building Frame and stucco bedroom addition to existing dwelling; compo roof. 12x8
3-10-65 Cullerton Plumbing 1 bathtub; 2 lavatories; 1 toilet; 1 sink (bar); 1 water piping
3-31-65 Cullerton Building Remodel and add to existing dwelling; Frame and stucco const. 800 sq. ft. add to dwelling
5-27-65 Cullerton Electrical 60 outlets incl. switches; 50 light fixtures; 2 220 volt outlets; 2 fixed 110 volt outlets
9-17-65 Cullerton Building Construct retaining wall
8-3-65 Cullerton Building Swimming Pool – Hoams Construction.

Construct gunite swimming pool and
therapeutic pool
8-8-85 Nicholas
Kouracos
n/a Sewer connection
9-13-91 Nick Kouracos Building Remove existing roofing and install new 4-ply hot mopped roofing
6-3-10 Nick Kouralos Building Replace a/c system. Same size and location.

Not on roof
12-5-11 Tony Hamilton Building Connect existing residence to city sewer. 12-28-11 Hamilton Building Permit for interior remodeling of kitchen and baths only. No new lighting, counter
receptacles per NEC. Include returning garage
back to original condition. Also replacing
water stops and valves.
5-30-12 Anthony Building Upgrade electric service to 200 amp Item 2A - Page 62
45 Hamilton
6-21-12 Cassia Bianchi Building Relocate subpanel
7-9-19 n/a Building Driveway approach
3-19-20 Bill Stewart Building Reroof: remove existing wood shakes, clean off roof, install shake liner, and class B wood
shakes.
7-7-20 Bill Stewart Building 95.5 LF of 4’ high block wall Item 2A - Page 63
46 V CHINO MESA ESTATES
The Subdivision: Chino Mesa Estates
Developed in 1945 by Ernst Off (1901–1993), Chino Mesa Estates was situated on 22.5 acres north of Old Las Palmas. Marketed as an exclusive enclave designed for high-end living, it featured thirty-six spacious parcels on a gentle slope that, at the time, provided unobstructed views over Palm Springs and the east valley.

Billed as "Exclusive, Restricted, Sheltered," Chino Mesa Estates catered to discerning buyers seeking privacy and prestige – as long as the buyers were white. The lots, each approximately half an acre, boasted 150 to 180 feet of frontage along paved streets, with sound restrictions ensuring long-term property value. Original prices ranged from $4,000 to $6,000, including all utilities.

Bounded by Via Escuela (north), Via Del Monte (east), and Chino Canyon (south), the tract was initially planned to extend west to Alto Camino, but this road was never built, leaving the neighborhood somewhat secluded. Today, homeowners along the unbuilt Alto Camino retain an easement that can be used for landscaping, but permanent structures are prohibited.3
3 Citywide Historic Context Statement & Survey, by Historic Resources Group; Desert Sun newspaper advertisements Item 2A - Page 64
47 Ernst Off, 1966.

Ernst Off: Pioneer Builder of Palm Springs
A visionary developer, Ernst Off played a key role in shaping Palm Springs from the 1930s onward. Ernst Dorothy Off was born May 4, 1901, in Unterreichenbach, Germany. He immigrated to the United States in 1923, settling in Palm Springs in 1930. In 1934, he married Maizie Keppler in Palm Springs. He also became a US citizen in 1934.4
In Palm Springs, he became a leading builder and businessman despite early warnings from colleagues that the desert town would not support real estate development. “In 1930 Palm Springs was a very small and charming village," he recalls. “Few people had heard of it and when I told my good friend, a Los Angeles banker that I was coming here, his comment was: ‘You’ll starve to death in that forsaken place.’"5 His impact extended beyond construction—he managed the Palm Springs airport, organized efforts to maintain its primitive sand runway, and even welcomed aviatrix Amelia Earhart during one of her historic flights. “One hot summer day, Ernst Off recollects, a strange flying machine came in for a landing. He rushed out to meet it and was able to greet the famous aviatrix Amelia Earhart who was with the Spanish inventor of the Auto-Giro. It was the first helicopter in the United States and was on its first cross-country flight.”6 As Off later recalled, “the airport at that time consisted of a graded sandstrip and a wooden shack not much larger than a telephone booth served as ‘office.’” The Desert Sun reported that, “Off recalls that when complaints were made about the condition of the ‘runway’ he organized volunteers to pull the biggest tumble weeds by hand and stomp out the biggest 4 Biographical information from Ancestry.com
5 “Pioneer of the Thirties,” Desert Sun, March 11, 1966, 17 6 Ibid.

Item 2A - Page 65
48 gopher holes by foot.”7 Off was deeply involved in the community, serving as a Boy Scout leader and cofounding the Desert Riders equestrian club. His early projects included building some of the most prominent homes in Las Palmas, Palm Springs Estates, and Palm Canyon Mesa, as well as the first large ranch house in what would later become Palm Desert. In 1933, he partnered with Culver and Sally Nichols to develop El Mirador Estates, where he built his own Mexican hacienda-style honeymoon home, later owned by actor Charles Farrell.

After a brief time in Brentwood and Beverly Hills, Off returned to Palm Springs following World War II to continue his development work, with Chino Mesa Estates as one of his most ambitious projects. He later expanded his vision to Palm Desert, creating Palmeras Park, a model residential subdivision emphasizing landscaped entrances, private roads, lush palm groves, and architecturally distinctive homes.

With a career spanning over sixty years, Off left a lasting imprint on the luxury residential landscape of the Coachella Valley. He died in Palm Springs in 1993.8
7 Ibid.
8 Ibid.

Item 2A - Page 66
49 VI LATER OWNERS
Nick and Diana Kouracos (Owners 1983 to 2011)
Nicholas James Kouracos was born in New Jersey on August 7, 1923, to James and Beatrice Kouracos, who had immigrated from Greece. He married Diana Kachantones (1925-2020) in Chicago on February 3, 1949. Kouracos was involved in real estate leasing in Chicago and worked at the HelmsleySpear company for many years as leasing manager for the Insurance Exchange Building. He died in 2019.

Item 2A - Page 67
50 2010 PHOTOGRAPHS COURTESY ROBERT KALIN
These photographs were taken when the house was listed for sale by the Kouracos family.

View from entry toward primary façade.

Item 2A - Page 68
51 Primary façade from pool area.

Item 2A - Page 69
52 Front door was originally clad in black imitation leather, with nailhead trim.

Item 2A - Page 70
•
53 Swimming pool area, with the Koroucos’ Greek statuary.

Item 2A - Page 71
54 Living room.

Item 2A - Page 72
55 View from entry, through living room, into den.

Item 2A - Page 73
56 Den.

Item 2A - Page 74
57 Dining room.

Item 2A - Page 75
58 Seating area in dining room, looking out to patio. Note that sliding glass door at the back of the garage is not present.

Item 2A - Page 76
59 Olive Formica bar behind tall wood doors with piano hinges.

Item 2A - Page 77
60 Primary bedroom.

Item 2A - Page 78
61 Guest bedroom.

Item 2A - Page 79
62 Vanity,
Item 2A - Page 80
63 Seating area inside kitchen.

Item 2A - Page 81
I
I
64 The original kitchen, very similar to configuration and finishes of restored kitchen.

Item 2A - Page 82
65 VII GRANT DEED
Item 2A - Page 83
Recording Rct1ucstcd By:

Ornnge Coast Title Company
When Recorded Mail to
And Mail Tax Statements To
Jonathan H, Wurtzel and Christian H.

Winslow
572 West Santa Elena Road
Palm Springs. CA 92262
Escrow Number: 220-43901-DR
Title Number: 210-2389728-10
2024-0040981
02/t4/20H 10 , 34 AM Fee . $ 2° . 00

Page 1 ends

Reeorded in O(fieial Reeords Counly of R.a verside
::~:~s:~~c~~nly Clerk-Reeorder
1111 ~.~.I~ 1~~~i.~;t1~~~·Qr~f 11111
APN: 504-282-012 SPA Ce ABOV£ IS ReSERVE.D FOR RECORDER'S USF.

Property: 572 West Santa Elena Road, Palm Springs, CA 92262 112.A: 0\\-003

GRANT DEED
The undersigned Grantor(s) Dcclare(s):

Documentary Transfer Tax S3,734.50
_x_ Computed on the full value of the interest or property conveyed; __ Computed on the full value less value ofliens or encumbrances remaining al time of sale _ _ Unincorporated Arca _x_ City of Palm Springs , and
FOR A VALUABLE CONSIDERA TIO , receipt of which is hereby acknowledged.

William F. Stewart, a ma rried man
hereby C RA T (S) to
J onathan H. Wurtzel and Christian H. Winslow, Husba nd and Husband, as community property with right of survivorsh ip
the following described real property in the City of Palm Springs, County of Riverside, S1a1e of California:

SEE EXHIBIT "A" AITA CH ED HERETO AND MADE A PART HEREOF DATED: January 9, 2024

MAIL TAX STATEMENTS AS DIRECTED ABOVE
Grant Deed
Escrow No,: 220-43901~DR Polle Io()
66 Item 2A - Page 84
Notary Acknowledgement attachment to Grant Deed dated January 9, 2024, executed by William F. Stewart Property Address: 572 West Santa Elena Road, Palm Springs, CA 92262 Date: January 9, 2024
A notary public or other officer completing this certifi cate verifies only the identity of the individual who signed the document to which this ce11ificate is attached, and not the truthfulness, accurac , or validit of that document.

STATEOF C..o\\~c,I\\O.

COUNTY OF ,\)e(<,_J,~ L I \
on-:f ?-b Cl I( .\ SC\. vve..t' r , \ \', o. . S rt who proved to me on A Notary Public personally appeared
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrnment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of _C::: = :::: .a::,....:.l...,·l_fi...::: o:c...,.. ( ... ()_,_,_, =---- A that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.u
Signature ~~ (1,M (seal) • •• LISA WEIR •' -- • Notary Publlc • Callfornta • : = San Bemardlno County !: ! Commission I 2360791
My Comm. ExplrH Jun 11, 2025
Grant Deed
Escrow No.: 220-43901-DR Page 2 of3
67 LOT 24 MB 020/058 CHINO MESA ESTATES
Property ID Number (PIN/APN) 504282012
Item 2A - Page 85
Exhibit "A"
Lot 24 of Chino Mesa Estates, in the City of Palm Springs, County of Riverside, State of California, as shown by Map on file in Book 20, Page 58 of Maps, in the office of the County Recorder of said County. 68 VIII CONTEMPORARY PHOTOGRAPHS MARCH 2025
View of entry gate from motor court.

Motor court.

Item 2A - Page 86
69 Exposed aggregate paving of motor court.

Custom front gate, not original.

Item 2A - Page 87
70 View of primary façade and pool, with terrazzo pool deck.

View from patio toward guest room.

Item 2A - Page 88
71 View toward front door and living room sliding glass doors.

View toward gated entry.

Item 2A - Page 89
72 Seating areas in garden area. Bottom area has sunken fire pit and tiled waterfall fountain.

Item 2A - Page 90
73 Views from pool and garden toward house.

Item 2A - Page 91
74 Cody’s designs for cruciform swimming pool and therapy spa.

Item 2A - Page 92
,-..._____
------
75 Garden views.

Item 2A - Page 93
76 Garden view and pool equipment area.

Item 2A - Page 94
77 Palo verde trees and gravel in north side yard.

Item 2A - Page 95
78 Double-door front entry with original custom escutcheon and Schlage hardware.

Item 2A - Page 96
79 Views of den.

Item 2A - Page 97
80 Floor-to-ceiling fixed-pane of glass is a Cody signature, blurring the distinction between indoors and out, and framing the view of the landscape.

Item 2A - Page 98
81 View of den.

Original Schlage door hardware with walnut doorknob.

Item 2A - Page 99
82 Mirrored panel over wood pantry doors in kitchen, with swinging door leading to dining room.

Distinctive recessed panel above door to kitchen. When closed, door appears to be floor-to-ceiling, like the other doors in the house. This was a character-defining Cody signature.

Item 2A - Page 100
83 Floor-to-ceiling wood folding doors with piano hinges conceal the bar when not in use in dining room.

Rough-sawn wood ceiling at the rear of the house.

Item 2A - Page 101
84 The slatted wood pergola shading rear patio.

Non-original sliding glass door at rear wall of garage.

Item 2A - Page 102
85 Pergola shade structure over rear patio.

Side door to garage.

Item 2A - Page 103
86 Views of rear garden and patio.

Item 2A - Page 104
87 Views of rear garden and patio. Note hipped shake roofs.

Item 2A - Page 105
88 Rear garden with outdoor shower.

Item 2A - Page 106
89 Raised exposed aggregate seating area in rear garden.

Detail showing original recessed lighting with Fresnel lens, and rough-sawn wood ceiling with translucent white stain, a Cody signature.

Item 2A - Page 107

ATTACHMENT D
Item 2A - Page 108
Item 2A - Page 109
I
L
RESOLUTION NO. HSPB #165

A RESOLUTION OF THE HISTORIC SITE PRESERVATION

BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL DESIGNATE

THE CULLERTON-CHADDICK RESIDENCE LOCATED AT
572 WEST SANTA ELENA ROAD, A CLASS 1 HISTORIC
SITE (HSPB #165), APN #504-282-012.

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

8. 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 Cullerton-Chaddick Residence" located at 572 W. Santa Elena Road. The application included a historic resources report ("the report").

C. WHEREAS, on October 6, 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 October 7, 2025, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #165 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'J are met:

Item 2A - Page 110
I
L
Resolution No. HSPB #165 -The Cullerton-Chaddick Residence

Page 2 of 6 ends

October 7, 2025
a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
572 W. Santa Elena Drive is a single-family home designed by architect William F. Cody.

The site placement of the home responds to the surrounding views while ensuring privacy, and the swimming pool and spa were also done by Cody. In a recent remodel of the home, the roof was replaced with shake shingles, the exterior was painted in a pink buff color, and the existing carport structure was removed. 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; Based on the information provided in the report, the Cody remodel of the home was associated with Patrick Sullerton and Harry Chaddick. While it is unclear why the property was co-owned by both individuals, address information reveals that they each had separate homes in the area. Chaddick was a prominent local developer that worked with Cody extensively throughout the 1960s and 1970s in Palm Springs, and it was likely this relationship that connected Cody to this project. Since the home was not a permanent address for either individual, this criterion is not met. (Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;
Early on, Cody was influenced by the works of Cliff May that exposed him to vernacular architecture of California. He tried to create a convenient and comfortable design incorporating views, light and nature. Cody also explored simple forms and gentle sloping roofs to minimize the appearance of the structure. 1 This home exemplifies the intersection between the vernacular style of architecture and the progressive ideas of Modernism.

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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 William F. Cody arrived in Palm Springs in 1942 and became one of the key figures for the Palm Springs School of Desert Modernism. Some of his more seminal works in the desert include the Del Marcos Hotel (HSPB #78) on West Baristo Road, the Abernathy Residence (HSPB #86) on North Phillips Road, and the Goldberg Residence on Southridge Drive (HSPB #135). Cody's genius and influence, when it comes to design, is that it continually evolves. This home, for example, demonstrates layering of textures, geometries and natural materials which is completely different from the Euclidean approach used at the Goldberg Residence. This resource is a good representation of the architect's versatility during his years of prominence, thus 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 Cullerton-Chaddick Residence is evaluated based on the following topics of integrity based on the Secretary of the Interior's Standards:

Location.

The home designed by William Cody is in its original location on the lot; therefore, the integrity of location is met.

Design.

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siding and wood shake shingles, similar characteristic found in the vernacular architecture of California, but also in integration of white terrazzo flooring, floor-to-ceiling glass doors, and concrete screen blocks. The home is elevated on a plinth with asymmetrical columns supporting a deep overhang. The openings on the walls are large expanses of glass, but the pitched roof has shake shingles. Pathways and entrances have geometric shapes, and texture is created from the stucco surfaces, stacked concrete blocks and extruded wooden beams. Cody uses vernacular building materials in a modernist way that creates architectural interest. One element that was removed is a pergola structure in the parking area in 2020. Based on the report findings, staff finds the home retains its integrity of design by Cody.

Setting.

Materials.

The home was built with materials that were commonly used during this period. The integrity of the slump stone walls, exterior stucco, floor to ceiling glazing, wooden beams and terrazzo are intact.

Workmanship.

While conventional methods of construction are utilized, the attention to detail allows for seamless transition of materials from the interior to the exterior. Staff finds the integrity of workmanship remains intact.

Feeling.

The home's modest scale to the surrounding context and use of materials represents the architect's original design response to the Modern Movement in the desert. The integrity of feeling remains strong.

Association.

The property is associated with architect William Cody, as well as the Mid-century Modern Movement of the post-World War II period. The integrity of association remains unchanged.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
When evaluating a property for historic designation, it is important to identify the original elements that contribute to its historic significance from later additions or alterations.

While these changes may be sympathetic to the original design, it can create a false sense of historicity. Distinguishing original character-defining features from non-original elements will aid the HSPB when it is tasked with evaluating future alterations to the historic resource.

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Character-defining features of the resource are as follows:
• Site placement of the home
• Home on an elevated plinth
• Low slung pitched roofs clad in split wood shakes
• Rectangular stucco columns throughout
• Massive, angled wood beams connecting entry columns
• Screen block elements made of rectangular concrete bricks in varied orientations • Vertical rough-hewn board-and-batten siding with alternating narrow and wide battens
• Cruciform-shaped swimming pool and matching cruciform spa (original to Cody's 1965 design)
• Original white terrazzo pool deck mirroring the cruciform layout • Slumpstone retaining walls throughout property
• Floor-to-ceiling sliding glass doors and fixed-pane windows throughout • Floor-to-ceiling folding wood doors with piano hinges, concealing wet bar (interior) • Ceiling sections of rough-sawn wood with translucent white stain • Mirrored panels above doors
• Matching fireplace designs in living room and den (interior) • Seamless transitions between interior and exterior spaces • Strategic window placement framing garden views
• Extension of materials (particularly terrazzo) from inside to outside • Multiple access points to outdoor spaces from nearly every room • Recessed light fixtures with the Fresnel lens
• Areas identified as original locations with exposed aggregate concrete paving • Original hardware on the front door
• Entry experience includes the progression from the motor court, turning 90 degrees under the walkway with an extended overhang towards the front door Non-contributing elements:
• Entry gate and matching gate outside of the den's sliding doors • Sliding glass doors at rear of the garage
• Firepit and waterfall area
• Exposed aggregate motor court paving and paving inside garden areas 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.

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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 Cullerton-Chaddick Residence located at 572 W. Elena Road, a Class 1 Historic Resource (HSPB #165).

ADOPTED THIS SEVENTH DAY OF OCTOBER 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

CM(
Hansen, Bachman, Maschka Hitchcock, Moruzzi, Mccready, Paonessa.

None.

Herr.

None.

CITY OF PALM SPRINGS, CALIFORNIA
Christopher Hadwin
Director of Planning Services

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT
DATE: October 7, 2025 PUBLIC HEARING
SUBJECT: APPLICATION BY JONATHAN H. WURTZEL FOR HISTORIC SITE DESIGNATION OF “THE CULLERTON-CHADDICK RESIDENCE”
LOCATED AT 572 WEST SANTA ELENA ROAD, (APN 504-282-012) CASE: HSPB #165 (SY)
FROM: Department of Planning Services

SUMMARY
This request for Class 1 historic designation was submitted by the current owner, Jonathan Wurtzel. 572 W. Santa Elena Road is a single-family home in the Little Tuscany neighborhood. The original ranch-style home that was on this lot was completed in 1948, but the home was completely rebuilt by architect William F. Cody in 1965. The period of significance for this site is 1965.

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 #165, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE CULLERTON-CHADDICK RESIDENCE” LOCATED AT 572 WEST SANTA ELENA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #165, SUBJECT TO CONDITIONS (APN #504-282-012).” BACKGROUND AND SETTING:

The parcels in Chino Mesa Estates were marketed as exclusive residential development where each lot is approximately half an acre in size. The first owner, Alice Meyer, developed the lot with a modest ranch-style home in 1947 but after it was purchased by Cullerton and Chaddick in 1961, the home was completely redesigned by William F. Cody with only the original foundation and chimney remaining from the previous home. The house seen on the site today exemplifies the work of Cody and his use of natural materials, geometric forms and large expanses of fenestration. Since 2010, the various owners of the property have remodeled the interior and restored exterior features.

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AERIAL VIEW OF THE SUBJECT PARCEL.

EAST ELEVATION OF 572 W. SANTA ELENA, 2025.

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

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

Ownership Status
February, 2024 Purchased by the current owner.

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Historic Context Statement “Post-World War II (1945-1969)” During the postwar period, middle-class prosperity brought significant changes to the housing industry in Palm Springs. From 1945 through the late 1960s, expansive and ambitious residential subdivisions and tract development began to take shape. The pattern of development from this era was less concentrated and more scattered, and Chino Mesa Estates was one of the first to be recorded during this time. 1 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. The existing home was designed by architect William Cody in the Mid-century Modern style of architecture as a custom home. The report clarifies that the only remaining features from the original 1948 home were the foundation and chimney. Since the Cody redesign in 1965, changes made to the site and home have been identified in the report.

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“Historic Preservation”). The purpose of the Historic Preservation Ordinance is:
“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological 1 City of Palm Springs Citywide Historic Context Statement “Post-World War II Palm Springs (1945-1969)”, 185.

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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:

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:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
572 W. Santa Elena Drive is a single-family home designed by architect William F. Cody.

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Cody extensively throughout the 1960s and 1970s in Palm Springs, and it was likely this relationship that connected Cody to this project. Since the home was not a permanent address for either individual, this criterion is not met. (Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;
Early on, Cody was influenced by the works of Cliff May that exposed him to vernacular architecture of California. He tried to create a convenient and comfortable design incorporating views, light and nature. Cody also explored simple forms and gentle sloping roofs to minimize the appearance of the structure.2 This home exemplifies the intersection between the vernacular style of architecture and the progressive ideas of Modernism.

Staff finds 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 in the report. 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 William F. Cody arrived in Palm Springs in 1942 and became one of the key figures for the Palm Springs School of Desert Modernism. Some of his more seminal works in the desert include the Del Marcos Hotel (HSPB #78) on West Baristo Road, the Abernathy Residence (HSPB #86) on North Phillips Road, and the Goldberg Residence on Southridge Drive (HSPB #135). Cody’s genius and influence, when it comes to design, is that it continually evolves. This home, for example, demonstrates layering of textures, geometries and natural materials which is completely different from the Euclidean approach used at the Goldberg Residence. This resource is a good representation of the architect’s versatility during his years of prominence, thus 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. 2 City of Palm Springs Citywide Historic Context Statement “Post-World War II Palm Springs (1945-1969)”, 169.

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(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 Cullerton-Chaddick Residence is evaluated based on the following topics of integrity based on the Secretary of the Interior’s Standards:

Location.

The home designed by William Cody is in its original location on the lot; therefore, the integrity of location is met.

Design.

The home uses building materials like masonry blocks, rough-hewn board-and-batten siding and wood shake shingles, similar characteristic found in the vernacular architecture of California, but also in integration of white terrazzo flooring, floor-to-ceiling glass doors, and concrete screen blocks. The home is elevated on a plinth with asymmetrical columns supporting a deep overhang. The openings on the walls are large expanses of glass, but the pitched roof has shake shingles. Pathways and entrances have geometric shapes, and texture is created from the stucco surfaces, stacked concrete blocks and extruded wooden beams. Cody uses vernacular building materials in a modernist way that creates architectural interest. One element that was removed is a pergola structure in the parking area in 2020. Based on the report findings, staff finds the home retains its integrity of design by Cody.

Setting.

Materials.

The home was built with materials that were commonly used during this period. The integrity of the slump stone walls, exterior stucco, floor to ceiling glazing, wooden beams and terrazzo are intact.

Workmanship.

While conventional methods of construction are utilized, the attention to detail allows for Item 2A - Page 120
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Palm Springs City CouncilNovember 12, 2025

Palm Springs City Council
November 12, 2025