Palm Springs City Council
December 10, 2025

house potential buyers of single-family homes that were being built in the adjacent Twin Palms tract just north of the property. As seen in the historic aerial images from 1965 and 1972 (Attachment B of the HRR), the lots directly east and west of the property along E.

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

4. Materials:

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

5. Workmanship:

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

6. Feeling:

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

7. Association:

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

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that Item 1H - Page 25
Resolution No. 25210
Page6 of9
contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but I which may create a false sense of historicity. Distinguishing original character-defining features from non-origir:ial elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

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

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

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

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

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

8.05.020.

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

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

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

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

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

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for Item 1H - Page 27
Resolution No. 25210

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

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

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

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

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

ADOPTED THIS 23RD DAY OF MAY 2024.
cott C. Stiles, City Manager
ATTEST:

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Resolution No. 25210

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )
ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein None
Mayor Pro Tern deHarte
None
IN WITNESS WHEREOF, I have herejp~set my hand and affixed the official seal of the City of Palm Springs, California, this day of June 2024. dfJ!fa(,LU BreftdaPree, MMC, CERA, City Clerk
City of Palm Springs
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RESOLUTION NO. 25249

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE
BURNHAM-WELLS RESIDENCE, LOCATED AT 1850
SMOKE TREE LANE, AS A CLASS 1 (LANDMARK)
HISTORIC RESOURCE HSPB #159, SUBJECT TO
CONDITIONS (APN 510-172-001).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the City of Palm. Springs initiated an application, Case HSPB #159, seeking historic site designation of the Burnham-Wells Residence located at 1850 Smoke Tree Lane; and
C. WHEREAS, on August 22 and August 29, 2024, members of the Historic Site ·Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on September 3, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #159 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 Burnham-Wells Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on October 10, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #159 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", C~ITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C, 1,a), the Item 1H - Page 30
Resolut!on No. 25249

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, buiiding, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The Burnham-Wells Residence is an example of a rustic ranch home in a development that started out as a "dude ranch" resort. This style of architecture and living started to gain popularity in the 1930s based on a renewed interest of the old west and outdoor living. The home retains a low-pitched roof, wood shake shingles, board-and-batten siding and L-shaped plan. The following is a detailed · analysis of the criterion and integrity findings.
(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state, or community; Based on the historic resources report, there are no events of significance associated with this site. The site does not qualify under Criterion i. (Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The first owner, Ralph French Burnham, owned the property from 1936 to 1944 and Gertrude Alice Wells was the second and fifth owner of the home. According to the research provided in the report, none of the people associated with the home are individuals whose activities/achievements rise to ·the level of significance within the local, state of national context, therefore, Criterion ii is not met. • (Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;
A home on a working ranch would typically be a on~-story structure constructed with cost efficient materials using simple methods of construction. In Southern California, ranch style homes are closely related to the southwestern adobe, hacienda, or wood vernacular styles. The "rustic style" ranch home is one that harkens back to simplicity and harmony with the natural outdoor setting. Smoke Tree Ranch was a "dude ranch" that catered to this trend and the residential! design standards were based on this rustic aesthetic. The Burnham-Wells residence embodies many of these characteristics. It is a one-story home with a L-shaped plan that has a low-pitched roof that is a combination of gable and leanto roofs forms. The exterior materials consist of wood shake shingles and board-andbatten siding. Covered porches are found on the front and rear elevations of the home.

This home not only exemplifies the renewed interest in the rustic ranch-style, but it also I
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Resolution No. 25249

reflects the tourism trends of that period and the development of "dude ranches". The Burnham-Wells home qualifies under Criterion iii.
(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). It appears that the building was constructed using standard construction methods and materials. While the applicant finds that Criterion 4 is met through the use of board-and-batten construction, this is not considered a technique, method, or material that 'v"l!aS . unique or distinctive to that period, thus does not qualify for this criterion. (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;
According to the research presented in this application, the Burnham-Wells Residence was designed by master architect John Porter Clark. Considered one of the founders of ·oesert Modem" architecture, Clark is recognized locally and internationally for his projects and contributions to the field. In Palm Springs some of his most celebrated projects include the Palm Springs Woman's Club and the Welwood Murray Library.

During his successful career as an architect. he also collaborated with other significant practitioners like Albert Frey and Robson Chambers on a variety of projects. The design of the Burnham-Wells residence adheres to the aesthetic requirements of Smoke Tree Ranch that includes attention to scale, materials, and site planning. The architectural detailing is consistent throughout the home and the home that is sited harmoniously in the natural desert landscape.

Research shows that Albert Frey also worked on changes to the home dating to the early 1990s; however, unlike the Blankenhom/Gilmore Residence where he was in charge of a consistent evolution of the home over a prolonged period of time, Frey was hired to add a small porch along the north side of the home and propose maintenance related upgrades. The alterations were done in character with the existing home and does not impair the integrity of the original design, but the alterations are not recognized as historic.

The Burnham-Wells Residence is an intact example of a rustic style r.anch home thoughtfully executed by John Porter Clark, an architect of significance, early in his prolific career. Criterion v 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
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The resource is not within a historic district and does not qualify under Criterion vi. (Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

SECTION,: 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 resource remains in its original location of construction, therefore, retains its integrity of location.

2. Design:

The home has an L-shaped floor plan that is asymmetrical but the forms and overall features of the home like the roofline and the locations of the entry and the porches appear consistent with the original design. The rustic simplicity and harmony with the surroundings were key design features, as well as the indoor-outdoor living which remain intact. The bedroom addition from 2016 is consistent with the architectural language of the existing home but the massing of the addition extends vertically behind the shed-roof massing of the original home. The exterior materials and the fenestration patterns match the original design but during one of the remodels, the direction of the siding panels was altered, and the louver style shutters were replaced with board-style shutter design. The addition of a swimming pool and hardscape around the pool is towards the rear of the home. The changes made to the home do not compromise or overshadow the design elements by Clark; therefore, the overall integrity of the design remains intact.

3. Setting:

The setting within the Smoke Tree Ranch development maintains the natural desert setting and development density. The home remains harmoniously placed on the site and I
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the indoor-outdoor relationship remains a prominent feature, thus integrity remains intact.

4. Materials:

The home has wooden shake shingles and board-and-batten siding. Windows and doors appear to match the original appearance but have been replaced with modern materials that match in kind. The exterior materials are in conformance with the rustic characteristics of the home. The integrity of materials remains intact.

5. Workmanship:

Conventional construction methods were used to build this home, and it appears that the board-and-batten siding was replaced along with the fenestration. Due to recent alterations, the integrity of the original workmanship may be limited.

6. Feeling:

The existing home is preserved in the rural desert setting and reflects the original design intent of the ranch home. While hardscaping around the new swimming pool was added, it is restricted to an area with little visibility. The integrity of feeling is met.

7. Association:

The rustic, ranch-style home captures the image of the original dude ranch established in the 1930s. The rustic atmosphere and the original design concepts for the home by John Porter Clark are clearly maintained and recognizable. The integrity of association is met.

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

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

Character-defining features of the resource are as follows:
• Site placement in the desert landscape.
• One-story rustic, ranch-style home.
• Simple low pitched hipped, gable and shed roof with open overhanging eaves and wood shake shingles.
• Sprawling L-shaped plan.

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Resolution No. 25249

• Covered and open rear porch on the south elevation with three prong wooden 1 posts. • Board-and-batten siding and louver-style wooden shutters. • Divided sash windows.
• Original hitching post.
• Original light post.

Non-contributing elements:
• Bedroom addition on the west elevation (2016).
• Porch extension on the north (front) elevation (1993}. • Wide sliding door and fixed picture window on the south elevation. • Main entrance door with side lites.
• Modern exterior light fixtures.
• Perimeter wall and equipment enclosure wall.
• Swimming pool and spa.
• Hardscaped walkways, patios and driveway.

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) 1 (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

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

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

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

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

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

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

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

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution. I Item 1H - Page 35
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Resolution No. 25249

Based upon the foregoing, the City Council hereby designates the Burnham-Wells Residence located at 1850 Smoke Tree Lane, a Class 1 (Landmark) Historic Resource (Case HSPB #159).

ADOPTED THIS 10TH DAY OF OCTOBER 2024.

ATTEST:

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)
ss.

Scott C. Stiles, City Manager

CERTIFIED COPY
I certify that this Is a true and correct copy of the document on ~le in th~ords of the City of Palm Springs.
~~-Deputy City Clerk
This certification must appear in blue with an original signature.

CERTIFICATION
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25249 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 July 25, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Gamer, Holstege, Middleton, Mayor Pro Tern deHarte, and Mayor Bernstein
None
None
None
IN WITNESS WHEREOF, I h~x nereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ~ay of October 2024.
, , Clerk
1 yo am pnngs
Item 1H - Page 36
RESOLUTION NO. 24714
A RESOLUTION OF THE CllY COUNCIL OF THE CllY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING 'THE
SUNMOR MODEL HOME" LOCATED AT 2821 LIVMOR
DRIVE AS CLASS 1 HISTORIC RESOURCE HSPB #124,
SUBJECT TO CONDITIONS. (APN 502-141-006)
WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
WHEREAS, On August 6, 2019, Catherine Bodziner and Duff Linde, owners and applicant, filed an application with the City pursuant to Article Ill, Section 8.05.070 (Procedure for Designation of Historic Sites and Historic Districts) of the Palm Springs Municipal Code requesting Class 1 historic resource designation for the parcel located at 2821 Livmor Drive (APN #502-141-006). The application included a historic resources report ("the report") prepared by the Palm Springs Preservation Foundation, dated June, 2019;and
WHEREAS, on October, 2019, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic resource, accompanied by City staff; and
WHEREAS, on November 12, 2019, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #124 was held in accordance with applicable law; and
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 and voted to recommend that the City Council designate the Sunmor Model Home as a Class 1 historic site; and WHEREAS, on January 30, 2020, a noticed public hearing of the City Council of the City of Palm Springs, California was held in accordance with applicable law; and WHEREAS, at said hearing the City Council 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 CllY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

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

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C), in considering a recommendation to designate the site as a Class 1 or 2 historic resource Item 1H - Page 37
Resolution No. 24714
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the City Council shall evaluate the application and make findings for 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 are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The Sunmor Model Home exhibits exceptional historic significance as a highly intact example of a tract home designed by architects Wexler and Harrison in the mid-century Modern architectural style.
(Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community; The report does not identify any events associated with the site, thus the site does not qualify under Criterion 1.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report does not identify any persons of significance associated with the site who made a meaningful contribution to local, state or national history, thus it does not qualify as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
The Sunmor Model Home exemplifies the post-World War II period in the development of Palm Springs (1945 - 1969) because of its mid-century Modern architectural style. This style, sometimes referred to as "Desert Modern" reflects the tenets of the Modern architectural movement, as adapted to the desert climate, with deep cantilevered roof eaves that shelter and protect the expansive areas of glass from the hot desert sun. Palm Springs has become internationally recognized as having an outstanding collection of buildings from the mid-century period. As such the house qualifies as a historic site under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; •
The Sunmor Model Home was constructed using wood post-and-beam for its structure.

Post and beam construction was often used in mid-twentieth century homes in Palm Springs for its ease of construction and because it lent itself to the "Desert Modern" characteristic of large expanses of glass. With an 8 foot structural module the post-andbeam method of construction also allowed for rapid assembly since it was a structural module based on standard lumber dimensions. This ease of construction allowed the Item 1H - Page 38
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homes to be built quickly and affordably, making them attractive to first-time homebuyers, retirees and those seeking affordable second homes in the desert. For these reasons the Sunmor Model Home qualifies under Criterion 4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The Sunmor Model Home was designed in 1955 by architects Donald Wexler and Richard Harrison, both of whom have been recognized for the substantial contribution made to the Palm Springs architectural brand. Both Wexler and Harrison have been recognized for having inspired a new generation of architects practicing in Palm Springs and who seek to emulate the simple strong Modernist characteristics found in their body of work.

As such the Sunmor Model Home qualifies as a historic resource under Criterion 5. (Criterion 6) The resource represents a significant and distinguishable entity whose components may Jack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Sunmor Model Home qualifies under Criterion 6. (Criterion 7) 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 1n the historic resources report on any pre-historic significance of the site.

SECTION 2: FINDINGS - PART "B" -ANALYSIS OF INTEGRITY.
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 application includes an evaluation of the residence relative to the seven aspects or qualities of 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 application concludes that the residence retains a high degree of ·integrity despite some modifications. The City Council made the following findings of the site's historic Integrity:

1. Location:

The Sunmor Model Home remains in the same location that it was constructed, thus it retains integrity of location.

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2. Design:

Aside from some minor additions including a patio cover in the rear yard, a translucent glass privacy wall in the front yard, the home possesses a high degree of design integrity and has been well maintained.

3. Setting:

The setting of the Sunmor Model Home, within a tract of similar homes with mid-century Modern design characteristics, remains as it was from the time of its construction; it thus retains integrity of Setting.

4. Materials:

As noted above, the Sunmor Model Home has had very few modifications or alterations.

Its post-and-beam wood construction is still evident and unaltered. Of particular note are the wood framed windows. The window frames are wood with only a casement window inset where operable windows were desired. The framing at the windows has protruding "stops" that give a visual thinness to the window frame assemblies. Aside f~_om. the metal patio cover in the back yard and the frosted glass privacy wall at the front, the hotne exhibits a high degree of material integrity.

5. Workmanship:

The Sunmor Model Home is a structure built of high-quality materials and craftsmanship and thus retains integrity of workmanship.

6. Feeling:

The casual informal living style expressed in the Sunmor Model Home with its large expanses of glass that creates a strong visual connection between the inside and outside of the home is still intact as is the open floor plan. The home continues to exude a quiet sense of elegance and a comfortable feeling and thus retains integrity of feeling.

7. Association:

The strong association between architects Wexler and Harrison and the Sunmor Model Home has been well documented and thus integrity of Association remains strong.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS AND NONCONTRIBUTING FEATURES.

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Resolution No. 24714

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 physical character-defining historic features of this resource include the following:

1. The mid-century Modern architectural style of the home.

2. The low-profile roofline and thin fascia with deep cantilevered eaves.

3. The wood post and beam structural system.

4. The wood frame window assemblies and large expanses of floor to ceiling glass and clerestory windows.

5. The board and batten vertical siding on the front of the home.

6. The smooth sand finished stucco walls.

The non-contributing features include the following:

1. The patio cover at the rear yard.

2. The translucent glass privacy wall at the front yard.

3. The aluminum wall light sconces.

4. The masonry privacy wall around the back yard.

5. The swimming pool and landscape.

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

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

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

1. It shall meet the definition of a 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. 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".

Item 1H - Page 41
Resolution No. 24714

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 residence at 2821 Livmor Drive "The Sunmor Model Home" a Class 1 Historic Resource (Case HSPB #124).

ADOPTED THIS 30th DAY OF JANUARY, 2020.

David H. Ready, City M
Item 1H - Page 42
Resolution No. 24714

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)

CERTIFICATION
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24714 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 this 30th day of January, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this IO."'--' day of r-e..1,-,, vP7 , ?e,z.c, .

Item 1H - Page 43
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

SAN DC LIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND
ADOPTING A CLASS 31 CATEGORICAL EXEMPTION
UNDER CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

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

8. The Sandcliff Garden Apartment Homes Homeowners Association (SGAH) in conjunction with the Palm Springs Preservation Foundation (PSPF) filed an application with the City for historic district designation of the Sandcliff Garden Apartment Homes condominium complex pursuant to PSMC Chapter 8.05. The application included a historic resources report about the complex dated March 15, 2015.

C. In May 2015, members of the Historic Site Preservation Board (HSPB) conducted guided site inspections of the proposed historic district accompanied by City staff.

D. A significant number of unit owners within the Sandcliff Garden Apartment Homes (SGAH) condominium association have indicated their support of the proposed historic district designation.

E. A notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the Sandcliff complex was issued in accordance with applicable law.

F. On May 12, 2015, the HSPB conducted a public hearing in accordance with applicable law to consider designation of the Sandcliff Garden Apartment Condominiums as a historic district and at said hearing voted to recommend that the City Council designate the Sandcliff Garden Apartment Condominiums (Case HSPB #93) as historic district #HD-5.

G. A notice of a public hearing of the City Council of the City of Palm Springs to consider historic district designation of the Sandcliff com lex was is with applicable law. CERTIFIED COPY
I certify that this Is a true and correct copy of the document on me in the official records of the City of Palm Springs. '£-.~ ~ · \b. 'oo\b
Chief Deputy City Clerk
This certification must appear In blue with an original signature.

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Resolution No. 23963
Page2
H. On February 3, 2016, the City Council conducted a public hearing in accordance with applicable law to consider historic district designation of the Sandcliff Garden Apartment Condominiums.

I. The proposed historic d:strict designatior, 1s considered ~ projec:i. pursuant to th~ terms of the California Environmental Quality Act (CEQA) and has been determined to be Categorically Exempt from further evaluation under CEQA as a Class 31 exemption (historic resources restoration / rehabilitation} pursuant to Section 15331 of the CEQA Guidelines.

J. Pursuant to Municipal Code Section 8.05.160, the City Council, in evaluating a historic district application, must find that the designation of the site or district supports or furthers the purpose of the historic preservation ordinance. As stated in Section

8.05.010, "Purpose and Authority" the Historic Preservation ordinance is " ... For the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens." The Sandcliff Garden Apartment Condominium complex (SGAC) reflect elements of the City's cultural and architectural history as explained in the defining criteria outlined below including being representative of a particular period in local history and embodying distinctive characteristics of a building type and architectural style. The proposed designation of the Sandcliff complex as a historic district is supported because it imbues aspects of the cultural, social, economic and architectural history and development of the City. It possesses a high-degree of integrity in terms of its ability to convey its historic significance in the context of the social and physical development of Palm Springs and the modern period of architecture for which Palm Springs is well known. Therefore the proposed historic district designation conforms to the required finding.

K. Pursuant to Municipal Code Chapter 8.05.020 ('Definitions'), in order for an area within the City to be considered for possible historic district designation, it must contain a number of structures, natural features or sites that possess " ... historic, architectural, archaeological, cultural or aesthetic significance.".

The City Council finds that the Sandcliff Garden Apartment Condominiums Historic District possesses a number of structures and features that possess historic, Item 1H - Page 45
Resolution No. 23963

architectural, cultural and aesthetic significance as defined in the following criteria outlined in PSMC 8.05.020:

Criteria #3. That reflects or exemplifies a particular period of the national. sta!s c ; focal hi:;tory;
The buildings within the proposed Sandcliff Historic District reflect the Modern Period in local architectural history; specifically the period of significance proposed is from the early 1950's to the late 1960's. It was during this period that the City of Palm Springs, in response to rapid population growth following World War 11, studied the inventory of housing types that existed in the city and began establishing more multi-family zoning designations in many of the open, undeveloped parts of the city. This in turn encouraged a greater variety of housing types, including garden style apartments to be developed.

The development of the garden apartments at Sandcliff are a response to the significant increases in growth in population that Palm Springs was experiencing after World War II and the shortage of high quality, affordable housing stock. As noted on page 10 of the historic resource report, from 1950 to 1956, the population in Palm Springs grew by an astonishing 60%. The City responded to this dramatic increase in population by creating more medium and high-density residential zones and in turn, developers responded by producing literally hundreds of garden style homes and multifamily apartment and condominium complexes. The FHA began to insure mortgages on condominium developments in 1961, making the financing of "apartment homes" affordable and attractive to a growing number of families and individuals.

Criteria 4. That embodies the distinctive characteristics of a type, period or method of construction;
The buildings in the proposed Sandcliff Historic District reflect a low-cost approach to home construction. Stripped of ornament, high quality finishes, expensive details or lavish materials, the developers of the homes at Sandcliff focused their resources on providing technological features that were advanced for their time, and amenities such as built-in sound systems, built in-kitchen gadgets, contemporary appliances, air conditioning and sunken tubs.

Buyers in the early 1960's in Palm Springs were comparing features and value of the post-and-beam construction common in the housing tracts that the Alexander Construction Company began in the mid-1950's with the conventional "stick-built" frame construction of the Sandcliff homes; which were typically better insulated, offered larger kitchens with more gadgets, appliances and storage. Not only does the construction typology of Sandcliff reflect the market demand at that time for convenience and "state- Item 1H - Page 46
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Page4
of-the-art" gadgetry, it is also reflective of the fiercely competitive nature of producing affordable housing. That which wasn't essential for convenience or comfort within the proposed units was stripped away, leaving the physical architecture of the buildings simple, clean, and uncluttered. During the period in which Sandcliff was built, modern architecture, with its "les:; is mora" mcuitra Vv"ciS er.ibraced L'Y bo~h Jev~!'3pe!-~ s9eki: ,g to maximize profits and home-buyers seeking to minimize the time and effort required for maintenance and upkeep.

L. The boundaries of the proposed historic district are Barona Road on the west, Sandcliff Road on the north and east, and Morongo Trail on the south.

M. The Sandcliff Garden Home Apartment Condominiums Historic District's period of significance is roughly from the early 1950's to the mid-1960's.

N. The context within which the Sandcliff Garden Home Apartment Condominiums Historic District is identified with the post-World War II growth of Palm Springs as a worldwide vacation and resort destination. The period following World War II saw increasing seasonal and permanent population in Palm Springs and from a 1950's report on the housing stock of the City it was determined that a shortage of affordable homes existed. Many areas in the City were re-zoned from low-density to medium and high-density residential zones to encourage an increase in production of different housing stock options.

0. Contributing, Non-Contributing, and Defining Historic Characteristics or Elements The physical character-defining features of this site include the following:

1. The strong horizontal roof planes of all buildings and structures on the site, emphasized by the thin fascia of the roof structure and deep patio overhangs, interspersed with simple rectilinear volumes of the kitchens which protrude above the roof fascia to provide visual balance to the overall composition.

2. Narrow natural-anodized aluminum-frame windows and sliding glass doors.

3. The variety of concrete screen block privacy walls at patios and terraces.

4. The lightly raked stucco accent panels above and below the kitchen windows.

The contributing elements of the complex are recommended as follows:

1. All residential structures within the Sandcliff complex are recommended to be designated as Contributing Structures and individually treated as Item 1H - Page 47
Resolution No. 23963

Class 1 historic structures pursuant to Section 8.05.125 of the Palm Springs Municipal Code.

2. The swimming pool and pool cabana structure are recommended for designation as Contributing Structures and treated as Class 1 historic structures.

The non-contributing elements are recommended as follows:

1. The driveways, carports and service areas along Sandcliff road.

2. The common area landscape.

3. Any new or modified privacy walls, canopies, shade trellises, surface mounted conduit, antenna, satellite dishes, floor tile at patios, screen doors of varying designs, steel picket gates of varying designs, vinyl replacement windows and doors.

P. Integrity. The factor of integrity, while not a requirement of the Municipal Code Findings, is a factor that is considered in applications made to the National Trust for Historic Places and in certain state historic designations. The report concludes that the buildings within the proposed Sandcliff historic district have undergone limited alterations and that most of the character-defining features survive. Thus, the sites within the district retain a high degree of historic integrity.

Q. The specific parcels proposed for inclusion in the Sandcliff Historic District are as follows:

Assessor Parcel Numbers 510-040-001 to 040 and the common lot-041

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY RESOLVES:

Based upon the foregoing, the City Council hereby designates the Sandcliff Garden Apartment Condominiums located at 1800 South Barona Road and as bounded by Barona Road, East Sandcliff Drive, South Sandcliff Drive and, Maronge Trail , Palm Springs, California, as "HSPB #93, Historic District #HD-5."

1. The property owner shall permit the City to place a historic marker of the City's choosing at the site. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property.

Item 1H - Page 48
Resolution No. 23963
Page6

2. All future modifications of the existing structures, as well as, any new buildings proposed on the site shall require HSPB review pursuant Municipal Code Ordinance 8.05.180.

4. That the City Clerk submits the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

5. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be considered legal, non-conforming only as to Section 8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.

ATTEST:

Item 1H - Page 49
Resolution No. 23963

STATE OF CALIFORNIA )
C'"'1 '-"'-.., 'NTY • QC • RI' V ,rRr: ,..-1 C::- 'DL- '= \ 1 1

CITY OF PALM SPRINGS)

CERTIFICATION
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23963 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 the 3rd day of February, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon.

None.

None.

None.
es Thompson, City Clerk
ity of Palm Springs, Califor~/ I~ J z.o f c,
Item 1H - Page 50
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RESOLUTION NO. 25197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING 'THE
COUNTRY CLUB ESTATES" LOCATED AT SOUTH

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

THE CITY COUNCIL FINDS AND DETERMINES AS. FOLLOWS:

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

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

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

Item 1H - Page 51
Resolution No. 25197
PagE;l 2 of 7
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

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

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

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

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

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

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

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

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

Analysis of Integrity. (PSMC 8.05.090 (C,2). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, Item 1H - Page 53
Resolution No. 25197
Page4 of 7
materials, workmanship, location, setting, feeling, or association. "Country Club Estates" is evaluated as a historic district in terms of its historic integrity as follows:

Location.

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

Design.

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

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

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

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

Materials.

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

Workmanship.

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

Feeling.

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

Association. I
The property maintains most of its origin~! detailing and layout on the site. Its association Item 1H - Page 54
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Resolution No. 25197

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

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

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

Character-defining features of the resource are as follows:
• Nine buildings composed of 2-units and 4-units emphasizi'ng horizontal massing, flat rooflines, continuous fascia detail extending the entire fa9ade and decorative use of concrete blocks.
• Internal atrium inside each unit.
• Recessed entry with louvered openings in the roof, planting beds, and a staggered concrete paver walkway.
• Open carport design integrating concrete blocks as walls and pillars. • Narrow aluminum window frames and floor to ceiling glazing on the walls facing the garden patio.
• Garden patio framed with concrete winged block walls. • Entry door configuration and side window with bottle glass and diamond pane patterns. Doorknob and escutcheon positioned on raised cross panel and original unit numbers above the doorknob.
• Original swimming pool and adjacent spa tub from 1965. • Site design including but not limited to the community open space at the center of the property and milk-glass globe streetlamps along the broomed concrete walkways, and buffer green space.

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

Item 1H - Page 55
Resolution No. 25197
Page6 of7
• Gutters and downspouts.
• Enclosed interior atrium.
• Non-original signage for the complex.
• Non-historic round globe streetlamps located along the street.

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

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS:

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

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

8.05.020.

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

I

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

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

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

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

7. The site shall not be further subdivided.

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

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

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

Based upon the foregoing, the City Council designates "The Country Club Estates" located at South Camino Real and East La Verne Way, a Historic District HSPB #145 / HD-9. I
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Resolution No. 25197

ADOPTED THIS 25TH DAY OF APRIL 2024.

ATTEST:

Bfenda Pree, City Clerk

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

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

CERTIFICATION
ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and Mayor Bernstein
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this I £-r½ day of June 2024. renda Pree, MC, CERA, City Clerk
City of Palm Springs
Item 1H - Page 57
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RESOLUTION NO. 25351

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE
ROBINSON RESIDENCE, LOCATED AT 999 NORTH
PATENCIO ROAD, AS A CLASS 1 (LANDMARK)
HISTORIC RESOURCE HSPB #169, SUBJECT TO
CONDITIONS (APN 505-251-005).

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, Z-LIST Revocable Trust 5/28/2015 submitted an application seeking historic district site of the Robinson Residence located at 999 North Patencio 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 #169 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 Robinson Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on October 22, 2025, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #169 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:

Item 1H - Page 58
Resolution No. 25351

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:
999 N. Patencio Road is a single-family home constructed in the Mid-century Modern style with an asymmetrical floor plan that is centrally located on the lot. The home features a horizontal rhythm across the site using a combination of natural stone, stucco and glazing. The following is an analysis of the criteria 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; Jerome J. Robinson was the original owner who commissioned the architecture firm Jones & Emmons to design this home. The property was in the Robinson family's D possession until the mid-1970s and then changes hands in 1988, 2016 and 2025. Based on the extensive research provided in the report, the past owners do not qualify under this criterion.
(Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;
The wealth and design awareness that emerged in Palm Springs during the post-World War II period was evident in the buildings that were constructed during this time. Midcentury Modern design was derived from early Modernist ideas. Enthusiastic designers and architects embraced these concepts and produced buildings with features that emphasized horizontality, flat rooflines, simple geometry, minimal ornamentation, smooth concrete/stucco finishes and expansive glazing. The Robinson residence at 999 N.

Patencio incorporates these details and utilizes deep roof overhangs to mitigate the desert climate. As an architecturally significant example of Mid-century Modern residential design, the property reflects both local and international trends of the period. HSPB 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 D Item 1H - Page 59
Resolution No. 25351
Page3
construction) and the method (of construction). The home was constructed using conventional methods and no new building materials or technology was specifically identified. Criterion iv is not met.
(Criterion v) The resource presents the work of a master builder, designer, arlist, or architect whose individual genius influenced his age, or that possesses high arlistic value;
The Los Angeles-based architecture firm Jones & Emmons is well-known and admired by the profession for their prolific work throughout California. A. Quincy Jones and Frederick Emmons designed nearly 5,000 Eichler homes in a 24-year period and was commissioned by the Annenberg family to design the Annenberg Estate (Sunnylands) in Rancho Mirage, California. The Robinson home is the only known single-family residence by the firm in Palm Springs. The design of the home itself is valued for its exceptional qualities as a Mid-century Modern home, and it is associated with master architects that influenced the field, as well as the next generation of designers. HSPB finds 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 I 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 imporlant to national, state or local history or prehistory.

L
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:

Item 1H - Page 60
Resolution No. 25351
Page4
The home is in its original location on the lot; therefore, the integrity of location is met.

2. Design:

The Robinson residence has an irregular plan sited centrally on the lot. The main entrance to the home is accentuated with the porte-cochere and covered walkway leading to the front door. The overall building mass emphasizes horizontality with a flat roofline that articulates higher around the common area within the home. Exposed steel columns and metal framed windows are integrated into the fayade with fenestration that spans the full height of the building. The sliding glass doors and fixed windows are shielded from the elements with deep overhangs and horizontal datum lines track through the home as a discrete, yet elegant detail seen on the sunflaps and the underside of the overhangs.

Clerestory windows and projecting roof planes allow light to reflect inside and the irregularly cut and stacked stone walls are seen throughout the home. The uniquely shaped swimming pool is situated on the far southwest side of the lot with thick square terrazzo tiles around the pool. The landscape consists of matures plantings and the report identifies two small additions that were made to the original floor plan in 1970 by Jones & Emmons. The integrity of design remains intact.

3. Setting:

The original setting of the home seen in the tract map from 1946 remains the same. The D
area was intended for residential development, and the size of the lot remains consistent o with the original site plan. The home, pool and surrounding landscaping remain in its original configuration. The integrity of setting is retained.

4. Materials:

Based on the findings in the report, the original building materials such as the Palos Verdes exterior stone, steel columns, floor-to-ceiling glazing, terrazzo flooring, circular concrete pads and smooth stucco finish remain extant. The integrity of material is met.

5. Workmanship:

As a custom-built residence, each element of the home was a thoughtful response to the site and needs of the client. The materials used are high quality and attention to detail was critical to achieve the subtle inside to outside transitions. The stonework and continuous reveal of the datum lines require a higher level of craft to execute with precision. The integrity of workmanship remains intact.

6. Feeling:

The surrounding context remains a residential neighborhood and the home remains an exceptional example of Mid-century modern architecture that represents Palm Springs in 0 the postwar period. The integrity of feeling remains unchanged.

Item 1H - Page 61
I
L
Resolution No. 25351

7. Association:

The design of the home, which remains intact, reflects the work of architects Jones & Emmons and maintains a strong association with the period of Palm Springs that embraced the Modern movement; thus, the integrity of association is met.

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

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

Character-defining features of the resource are as follows:
• Location at northwestern terminus of N. Patencio Road and Via Lola • Position of the home on the one-acre lot
• Long L-shaped driveway
• Primary facades facing east and south
• Single-story building with vertical articulation to height starting at the entry • Irregular L-shaped plan
• A.Q. Jones' signature porte-cochere and long covered entry walkway canopy with cut-outs
• Original front door
• Staggered concrete walkway with exposed aggregate leading to the front door • Simple rectilinear and geometric forms
• Flat roof with flat parapet and clean datum lines track through the house seen on the underside of the sunflaps and exterior overhangs
• Exposed and painted steel beam columns
• Recessed, circle canned lights under the extended overhangs • Floor-to-ceiling fixed windows and sliding door fenestration with clear glazing and transom window
• Exposed I-beam columns
• Integrated concrete block planters outdoors
• Integrated terrazzo floors from inside to outside
• Original "Palos Verdes" stone walls throughout the exterior of the home • Entire floor-to-ceiling fireplace and incorporated indoor/outdoor granite bench • Indoor roof skylight along north wall of dining and living areas • Circular "bubble" concrete pads in garden
• Swimming pool shape and location on the site
Item 1H - Page 62
Resolution No. 25351

Non-contributing elements: D
• Ficus hedge around the property perimeter
• Existing driveway gate and wall
• CMU walls added in 1988
• Addition to the maid's quarters from 1970 (east facing sunflap was removed for addition)
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

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

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code o 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 Robinson Residence located at 999 N. Patencio Road, a Class 1 (Landmark) Historic Resource (Case HSPB #169).
0 Item 1H - Page 63
I
L
Resolution No. 25351

ADOPTED THIS 22ND DAY OF OCTOBER 2025.

ATTEST:

Brenda > ~ Pree, MMC, CERA
City Clerk

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)
Sc6tt Stiles, ci'ty Manager

CERTIFICATION
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25351 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 this 22nd day of October, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Ready, Garner, Bernstein, Mayor Pro Tern Soto, and Mayor deHarte
None
None
None
IN WITNESS WHEREOF, I have hereunto se! l1)Y hand and affixed the official seal of the City of Palm Springs, California, this -~- ~ ay of October 2025. bx:__
Brenda Pree, City Clerk
City of Palm Springs, California

ATTACHMENT C
(Owner Letters and Disclosures)
Item 1H - Page 64
Item 1H - Page 65
June 16, 2025
To: City of Palm Springs
Re: Mills Act Application for Ocotillo Lodge #355
To Whom it May Concern,
As requested, this letter lists the owners of Unit #355 at Ocotillo Lodge who are requesting to enter into the Mills Act Contract to maintain and restore the historic resource they own.

Please send any questions to the LLC Manager, Stefanie Fricano, who is authorized to sign and act on the LLC's behalf. Thank you.
1111 E Palm Canyon Drive #355, Palm Springs, CA 92264, is owned by the "PSP 355 LLC" registered in California. The Managers for this LLC are Stefanie Fricano and Greg Darrah.

The PSP 355 LLC is intent on entering into the Mills Act Contract to maintain and restore the historic resources they own.

Thank you,
Stefanie Fricano & Greg Darrah (co-Managers)
- 916-212-0383
Item 1H - Page 66

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
'

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered wilh Secretary of State CA.
5 If other than California, Is the Entit also re istered In California? Yes No . Type of Entity
0 Corporation ~limited Liability Company O Partnership D Trust O Other (please specify)

6. Officers,
Note
Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) members,
: If any
manage
response is not a natural person, please Identify all officers, directors, rs and other fiduciaries for the member, manager, trust or other entity f~O GnrL:JOfl-1 l'v\c,.;r Daa~Vl tJAD ~~ 6 2.,012 '
1 !-'\,\---¥Aoa.1..u.a.¥-L---U1.Ju..L-L..IL.?,..D<.1,........,.__..-"-"",.... ____ D Officer D Director ~Member D Manager O General Partner O Limited Partner
Other _______ ___ _ _
- \
lt.l-___.!!!!!...l-=...i....:=::~~-t!,!'___;-"-=-r-'-, ....,, ~=.:"'- ~ V\ :_.:_:O~---D Officer D Director O Member 1ld'Manager [name) D General Partner D limited Partner
Other ___ _ _______ _
l'-"~~
7 - ~Gll!l.Lc~~~---....31)::..;1'.A~f _{i_G\. __:__~__,_ ______ O Officer D Director D Member ~anager c.) [name]
(Revised 05/16/19)
General Partner O Limited Partner
~ ther Tl\.-%.St< e.

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1H - Page 67

1. Owners/Investors with a 5% beneflclal Interest In the A llcant Entlt or a related entlt~, ___ 1

EXAMPLE

JANE DOE
[name of owner/investor]
A.
8 .

C.

D.

E.
[name of owner/Investor]
50%, ABC COMPANY, Inc.
(percentage of beneficial Interest In entity
and name of entlt
[perce tage of beneflclal Interest In entity
and name of enUl
[percentage of beneficial Inter
and name of entit
[percentage of beneficial Interest in entity
and name of entlt

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

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

V\S
PsP 3Ss La.-
40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449
June 3, 2025
To: City of Palm Springs
Re: Mills Act
To Whom It May Concern,
Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #355, Palm Springs, CA 92264. The Association is committed to the preservation of the Association’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association
Board of Directors
Item 1H - Page 68
Premier
:: Community
1 ~
\ L::! Association
Management
A Division of Buck, Reynolds Corporation
Item 1H - Page 69
City of Palm Springs
Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Honorable Board,
DA TE, 2022 f.JCJV , --z.fi!:;
As the current owner of the residence located at 1850 Smoke Tree Lane (Rock 6 4L at the end of Ranch House Road) in Palm Springs, California, I enthusiastically support the Class l Historic Resource designation of my property by the city of Palm Springs. We have asked the Palm Springs Preservation Foundation to assist us in the preparation of the required nomination paperwork.

If you have any questions, please contact me at [email protected].

Sincerely,
Charles Bentall
•• PLEASE SEE ATTACHED••
,.ALIFORNIA NOTARY CERTIFICATE
Item 1H - Page 70
City of Palm Springs
llistoric Site l'rescr\'ation Roard
3200 Tahquit7 Can) on Wa)
Palm Spring . C/1 92262
Dear I lonorahlc l:3oard.

A Tru. tee of the Smoke Tree Ranch Trust (2013) I enthusiastically upport the Clnss I Historic Rcsourc.: dc~ig11a1io11 or the property located at I RSO Smol..c I rec Lnnc (Rock 6

41. nt the end or Ranch I louse Road) in Palm Springs. California. hy rhe cit) of' Pahn Spring ·. The Palm Springs Preservation Foundation is assisting in the prcpnrntion or the required nomination paperwork.
c ~
Linda Douglas
Trustee of'thc Smoke Tree Ranch Trust (201 3)
O e c,J. ve,,j t~ /1.--e. "4 .:: , t
M,,, G'i, i ,/271. C,/_.~t ,, ,..

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3 Item 1H - Page 71
1 OTARIAL /\CKNOWLEDGEME T
Cnnndn
l'rO\ ince of British Columbia
County of nnnirno
On this 16'". dny of r cbrunl') . 2023. before me. DAVID DER /\RD POPF..

LINDA DIA NE DOUGLAS
Personally known to me (or pm,·ed to me on the bnsis of sntisfoetory e,·idcncc) 10 be the / pcrson(!lj "hose nnrnc(~ islat1!' subscribed to the within instrument and ackno" ledgc-<l to . ,IJ me that i>&shc/\))ey executed the same in l)iS/her/\]leir authori,.cd capncit) ~ and thnt ,; ~ by ~ hcr/!Wr/ signature($} on the instrument, the pcrson(/1) or the ·Cntil) upon behalf of which the pc~on(.81 nctcd. executed the instn1mcnt. /
Witness my hand and oliicinl senl nl Mill 1311y in the Province of 13ritish Columbia.

The 16th day of Fehninl')·. 2023.

My commission docs not expire. being a lawyer
0d~ld 8 . i>Ol)t.
&.<r.s•er & 5<>:,c,<o< re Cl'·• Q? •.• ,, oc
'>l'Q .2'> ,~ .. ~-• o; ~ ) I
44 Item 1H - Page 72

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
G
4 !. ca v "-17 '-11 IJ'T j , ~ u5 ,t=P- lll-./OA D O c)C.. I.,_ 4 5" ff --S EC R. ~TAR. I Address of Entity (Principle Place of Business)
7-- itl°' e,, ts.>-J ocn ¥. wA--< ,/'2, 6 t ~4- A1/ f3/.j,.'f 1 5 , e!.. t!_41yr::J DA Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State If other than California, is the Entitv also reaistered in California? n Yes n No Type of Entity
0 Corporation O Limited Liability Company O Partnership '0'Trust O 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, dir ectors, members, managers and other fiduciaries for the member, manager, trust or other entity 0 Officer O Director O Member O Manager
[name]
O General Partner O Limited Partner
ther
[name]
0 Officer O Director O Member O Manager
O General Partner O Limited Partner
th r
[name]
0 Officer O Director O Member O Manager
0 General Partner O Limited Partner
Oth r

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/ 19)
Item 1H - Page 73
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~ · 111 ...... -..r1ri1_, ..,..,111y .,.....,.,..d..,11>-i I 0€:CLARF. UNOER Pl;NA\.1'Y OF PERJURYU:.-.OER TH.E LA.WS OF THE STAT( OJ' CAl,.I FORN.!A lll AT rnE t:O RE GOING l:S TRUE AAO c o r.~e CT.

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'"'.P!°'l
Andrew Vo and Marcus Heffner
2821 E Livmor Avenue
Palm Springs, CA 92262
[email protected] | 714-330-7456
10-06-2025
City of Palm Springs
Planning Department – Historic Preservation Office
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Request for Mills Act Consideration – 2821 E Livmor Avenue Dear Historic Preservation Officer,
I am writing as the homeowner of 2821 E Livmor Avenue to formally request consideration for participation in the Mills Act Historic Property Contract Program.

Our home, located in the [name of neighborhood if applicable—e.g., Deepwell Estates, Sunmor, Twin Palms, etc.], represents an important example of mid-century modern architecture that contributes to Palm Springs’ rich cultural and historic character. Preserving and maintaining this property with the integrity it deserves is a priority for us, and the Mills Act program would provide the essential support to make this possible.

With Mills Act assistance, we intend to:
• Undertake preservation-minded maintenance and restoration projects in accordance with historic preservation standards.
• Maintain the home’s architectural integrity while ensuring sensitive upgrades for safety, energy efficiency, and long-term sustainability.
• Contribute to the broader preservation of Palm Springs’ unique architectural legacy, which benefits both residents and visitors.

We are committed to working closely with the City of Palm Springs to ensure that all planned improvements and repairs align with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Thank you for your consideration of our request. We are proud to be stewards of this historic home and would be honored to participate in the Mills Act program. Please let me know if additional documentation or next steps are required.

Sincerely,
Andrew Vo and Marcus Heffner
Homeowner – 2821 E Livmor Avenue
Item 1H - Page 74
To Whom it May Concern:

We are residents of HSPB #93 – Sandcliff Gdn. Homes Hist Dist, 1800 South Barona Rd., designated an Historic District HD-5 on February 3, 2016.

We currently live at 1813 Sandcliff Rd. and possess Mills Act Status there.

We have recently purchased the property at 1847 Sandcliff Rd., Palm Springs, CA 92264 and formally acknowledge the request of Mills Act Program Status for this property.

Please find enclosed the necessary letters and documents requested from your checklist, along with the Application and Inspection Fees, and proper signatures.

Thank you for our attention to this matter, and look forward to properly maintaining this fine mid-century modern specimen.

Best,
11/5/25 11/5/25
Kimbely A. Brown Date Robert J. Koutek Date
Homeowner Letter to Request Mills Act Program Approval
To: City of Palm Springs
Department of Planning Services
RE: Mills Act Application
From: Kimberly A. Brown
630-335-6287
Robert J. Koutek
630-244-4523
1847 Sandcliff Rd.

Palm Springs, CA 92264
Date: November 5, 2025
Item 1H - Page 75
68950 Adelina Road
Cathedral City, CA 92234
Phone: (760) 325-9500
Fax: (760) 325-9300
Sandcliff Homeowners Association
Professionally Managed by:

November 5, 2025
To: City of Palm Springs
Re: Mills Act
To Whom It May Concern,
Sandcliff Owners Association supports the Mills Act Application for all of its members and 40 units, specifically 1847 Barona Road Palm Springs CA 92264. The association is committed to the preservation of the association’s historic design and architecture. The association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
Nick Keuilian, Property Manager
On behalf of the
Sandcliff Owners Association
Board of Directors
Item 1H - Page 76

PERSONALIZED

PROPERTY

MANAGEMENT
'f11e Coachella Vallq~ CommW1i1y
Manageme,11 Company
Application for Mills Act
Request Letter for Ocotillo Lodge, Unit 345, 1111 E Palm Canyon Dr., Palm Springs, CA 92264
March 30, 2025
To City of Palm Springs,
Please consider this letter as my Request Letter to enter into the Mills Act contract for my property at 1111 E Palm Canyon Dr., Unit 345, Palm Springs, CA 92264. My HOA is in compliance and will co-sign the contract.

Ocotillo Lodge is designated an Historic District.

Sincerely,
Lisa Agett, Manager
Ocotillo 345 LLC
Item 1H - Page 77
Item 1H - Page 78

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Oco\-,\\o o<.fS LLC
Address of Entity (Principle Place of Business)
ID £>ox \"2\~
A.vDN-, Co ~ IE:.--Z.'D
Local or California Address (if different than #2) _ +-z. Ca.N W S L~ t,.,\Q.\['~~ ~t~ ~0-1 'E. l°'.~u., 'I~ 0-J...f , W.
~\I-\ ~(><t~s, CA '1-ZZ..lo"ZState where Entity is Registered with Secretary of State err
Type of Entity
If other than California, is the Entity also registered in California? n Yes D No 0 Corporation ~imited Liability Company O Partnership O Trust O 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 LI 2~ ll\a e +..\.
.Scname]
O Officer O Director O Member ~anager
O General Partner O Limited Partner
Other
[name]
O Officer O Director D Member D Manager
D General Partner O Limited Partner
Other
[name]
D Officer D Director D Member D Manager
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 1H - Page 79

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

L (-5c._ Pr~e¼ (<X:, ~( C
[name of owner/investor} [percentage of beneficial interest in entity and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
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 entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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 W-¥ I ~~ ?!?.:>o \-ioz..<;

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449
March 31, 2025
To: City of Palm Springs
Re: Mills Act
To Whom It May Concern,
Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #345, Palm Springs, CA 92264. The Association is committed to the preservation of the Association’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association
Board of Directors
Item 1H - Page 80
Premier
:: Community
1 ~
\ L::! Association
Management
A Division of Buck, Reynolds Corporation
Item 1H - Page 81
Richard L Nauman
810 E La Verne Way
Palm Springs, CA 92264
May 15, 2025
Ms. Sarah Yoon, Associate Planner, Historic Designation Officer Department of Planning Services
City of Palm Springs
3200 E T ahquitz Canyon Way
Palm Springs, CA 92262
RE: Mills Act Tax Abatement Program Application
Dear Ms. Yoon:

Through my trust, I am 100% owner of 810 E La Verne Way in Palm Springs (Parcel Lot 19 of Tract 2972), which is located in the Country Club Estates of Palm Springs Historic District. Country Club Estates of Palm Springs received its historic status on March 24, 2024.

I am writing today to apply for Mills Act Tax Abatement and remitting $1,355 for the application fee and $311 for the inspection fee.

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

Per the application checklist, I am including a letter of intent signed by the HOA's president. Because the HOA and homeowners are jointly responsible for the maintenance of the units and the complex, it is the HOA's intent to be a party to the Mills Act contract.

If you have any questions or need additional information, you may contact me via email at [email protected] or via cell phone at 206-718-4150.

Item 1H - Page 82

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
The Richard Logan Nauman Living Trust dated March 28, 2022

2. Address of Entity (Principle Place of Business)
810 E La Verne Way, Palm Springs, CA 92264

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

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes D No

5. Type of Entity
D Corporation D Limited Liability Company D Partnership 0 Trust D 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 Richard Logan Nauman D Officer D Director D Member D Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
0 Other Trustee
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1H - Page 83

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Richard Logan Nauman 100%
[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 entitvl
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 entitvl
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.

May 15, 2025

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1H - Page 84
- ~ ~'\ LLb "l\'l -.. c=.- _........,.__ .
i
L ,;, l!:~ .. '
A.
~
Quincy Jones. t965
I ~,_,...~ -
c/o PMI- Coachella Valley
777 E Tahquitz Canyon Way, Suite 200-93
Palm Springs, CA 92262
City of Palm Springs
Planning Department Services
3200 E Tahquitz Canyon Way
Palm Springs, CA 92264
RE: Mills Act Contract
Dear Sir/Madam:

June 1, 2025
Please accept this letter of intent on behalf of the homeowner's association of Country Club Estates of Palm Springs to enter into a Mills Act contract with the City of Palm Springs and The Richard Logan Nauman Living Trust dated March 28, 2022, owner of 810 E La Verne Way, Palm Springs, CA 92262.

SincerelO ~ 6. A)r /
Country Clu~ Estates f aim Springs
Brandon Blair
President
Item 1H - Page 85
• April 28,2025
To Whom It May Concern:

As the owners of the property located at 1111 E. Palm Canyon Drive, #341, Palm Springs, CA, 92264, we hereby request that the property be subject to the Mills Act. We are committed to the preservation of the historic design and architecture of this property.

Sincerely,
Zaina G. Mone
Ja.mes P. Mone
40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449
April 30, 2025
To: City of Palm Springs
Re: Mills Act
To Whom It May Concern,
Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #341, Palm Springs, CA 92264. The Association is committed to the preservation of the Association’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association
Board of Directors
Item 1H - Page 86
Premier
:: Community
1 ~
\ L::! Association
Management
A Division of Buck, Reynolds Corporation
Item 1H - Page 87
..

Department of Planning Services
City of Palm Springs
3200 E. Tahqultz Canyon Way
Palm Springs, CA 92264
To whom It may concern,
-
We are the owners of 1973 S. Camino Real in Palm Springs (Parcel Number S11150004), which Is located In the Country Club Estates historic district. Country Club Estates realved Its historic status on April 25, 2024.

We are writing today to apply for the Mills Ad Tax Abatement Program. Enclosed are checks for the application fee of $1,3S5 and inspection fee of $311.

We have also enclosed a letterlf\in,tent ~gned by the HOA's president, Brandon Blair. Because the HOA and the homeowner~ arl{o~~~e fprthe maintenance of the units and the complex, It Is the HOA's Intent to be a ~ to the M¥ s Act contract.

If you have any questions or need additional Information, please contact us as follows:

Nancy Weinger - (312) 848-2012, nwemger@icloud com (L~WyGary Pattengale - (312) 315-7383, garypattengale@gma,I com Thank you In advance for your help I
Sincerely,
Nancy Weinger and Gary Pattengale
1973 S. Camino Real, Palm Springs, CA 92264
Item 1H - Page 88
0ty ol Pan Springs
Planning Oe~rtment Services
3200 E Tahquitz Canyon Way
Pa&m Springs.. CA 92264
RE: Mllls Act Contract
Dear Sir/Madam:
c/o PMI-Co~lla Valley
777 E Tahquitz Canyon Way, SUlte
200-93 Palm Springs, CA 92262
PleaM accept this letter of intent on be~lf of the homeowner's association of Country Club Estates of Palm Springs to enter Into a MIiis Aa cont~ with the Oty of Palm Springs for OWNER: tJ f\N Uf \J,.}c 11'1~ < ~ '( f PnTe. "1~(' ~ ~ D 1 .W
1 1e-NI' ~ vJ\ Tl1 ,<. l(rl1 1 O/C sve..v• v~ 511 I
ADORESS: I~ 7 3 .s . (AM IN O p._ ~ Jr?__
f tn-M & f)R.tAI~ ..> CA q )...:).l,t-f
Sina:-, ely,
~ ~ - ~Blair
aoard Pre51dent, eountrv Oub Estates of Palm Springs
Item 1H - Page 89
Harma Hartouni
Asad Ayaz
999 N Patencio Rd
Palm Springs, CA 92262
[email protected]
818-421-7110
Date: October 14, 2025
City of Palm Springs
Historic Preservation Office
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Request for Consideration under the Mills Act Program Dear Historic Preservation Officer,
We, Harma Hartouni and Asad Ayaz as the owners of the property located at 999 N Patencio Rd, Palm Springs, CA 92262, respectfully request that our property be considered for inclusion in the City of Palm Springs' Mills Act Program.

Our property is held in the The Z-List Revocable Trust, dated May 28, 2015, and we are the trustees of said trust. We understand that participation in the Mills Act Program requires a commitment to the preservation and maintenance of historic properties, and we are fully committed to upholding the standards set forth by the City of Palm Springs and the State of California for historic resource preservation.

We appreciate your consideration of our request and look forward to the opportunity to contribute to the continued preservation of the City's architectural heritage. Please let us know if any additional information or documentation is needed to support our application.

Thank you for your time and consideration.

Harma Hartouni
Trustee, The Z-List Revocable Trust, dated May 28, 2015 Trustee, The Z-List Revocable Trust, dated May 28, 2015 Item 1H - Page 90

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
The Z-List Revocable Trust, dated May 28, 2015

2. Address of Entity (Principle Place of Business)
9040 Hollywood Hills Road, Los Angeles, CA 90046

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

4. State where Entity is Registered with Secretary of State CA
If other than California, is the Entity also registered in California? n Yes n No

5. Type of Entity
D Corporation D Limited Liability Company D Partnership 0 Trust D 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 Harma Hartouni
Asad Ayaz
(Revised 05/16/19)
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
0 Other Trustee
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
0 Other Trustee
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1H - Page 91

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Harma Hartouni 50%,The Z-List Revocable Trust.dated 5/28/IS [name of owner/investor] (percentage of beneficial interest in entity and name of entity]
B.

Asad Ayaz 50%,The Z-List Revocable Trust.dated 5/28/tf
[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.

Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

ATTACHMENT D
(Draft Historic Property
Preservation Agreements)
Item 1H - Page 92
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and PSP 355 LLC ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 355, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On May 23, 2024 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

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

Item 1H - Page 93
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 94
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

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

Upon the City Manager’s declaration of the
Item 1H - Page 95
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 96
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: PSP 355 LLC
Stefanie Fricano (Co-Manager)
Greg Darrah (Co-Manager)
3053 Freeport Blvd # 404
Sacramento, CA 95818

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

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) Item 1H - Page 97
6 the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Item 1H - Page 98
7 Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 99
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Manager: Stefanie Fricano
PSP 355 LLC.

Dated:_________________________ By:_______________________________ Manager: Greg Darrah
PSP 355 LLC.

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association
Item 1H - Page 100
9 Item 1H - Page 101

ACIKNOWLEDGMEINT
A no ry public or other ofiioe:r ,oompletillQI ttiilS ceJti-ca e verifies only the iclenlity of the illdivooual who siglled e dooume;nt which tttis ,certificate is attached. and not !he truth.rul'ness. accuracy, or va~d'iiy ,of lhat documellt.

State of Ca lifomia
County of __________ _
On _______ before me, ______________________ .
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) i&lare subscribed to the witl1in instrument and acknowledged, to me th.at he/she/they executed the same iin his/her/their authorized capacity(ies), and, that by h1s/11ertthe;ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PBNALTY OF PERJURY under the laws of the State of Caliliomia that t11e foregoing paragmph is true and correct.

WITNESS my hand and officiial seal.

Signature ______________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,

COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS AND DESCRIBED AS FOLLOWS:

PARCEL 1:

A.) UNIT NO. 355 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 95-237791, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

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

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

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS

SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION
MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT "EXCLUSIVE USE COMMON AREAS" SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1

ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-097
Item 1H - Page 102
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 103
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 104
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Front door hardware: replace front door handle and lock to match original color scheme. Estimated cost: $500.00. Estimated year of completion: 2026

2. Repair and repaint door and screen: repaint the doors and screens in original colors (as they are today). Repair damages to the door. Estimated cost: $700.00.

Estimated year of completion: 2027

3. Paint window frame: paint around the front window to match and conduct small repair. Estimated cost: $50. Estimated year of completion: $2026

4. HVAC maintenance and repair: full cleaning and health check of original HVAC system to keep it operational. Estimated cost/visit $300. Total cost for 5 years maintenance: $1,500. Estimated years for work: 2026, 2028, 2030, 2034

5. Repairs to exterior cinderblock units: minor repairs to holes in the cinderblock walls. Estimated cost: $250. Estimated year of completion: 2034

Item 1H - Page 105
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this _______day of , 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Smoke Tree Ranch Trust (2013) ("Owner") RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1850 Smoke Tree Lane, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On October 10, 2024 (the "Approval Date"), the City Council approved Resolution 25249 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

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

Item 1H - Page 106
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 107
3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1H - Page 108
4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1H - Page 109
5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: Smoke Tree Ranch Trust (2013)
1850 Smoke Tree Lane
Palm Springs, CA 92264

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

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's obligation to indemnify shall survive the Item 1H - Page 110
6 termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this
Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner is the economic advantage that will Item 1H - Page 111
7 accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 112
8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________

Smoke Tree Ranch Trust (2013)

Item 1H - Page 113
9 Item 1H - Page 114

ACIKNOWLEDGMIENT
A noiary public or other office:r ,compleli g1 tlli:s certi~ca~e verifies a ly lhe ide:nli y of the individual wiho signed e dooome;nt ro whidl this ,ceram:ate is a - tied, and n.ot e truil"Lrutness. accuracy, or va d'ity ,of ihat document State of Ca I ifomi.a
County of __________ _
On _______ before me,- --------------------~· (here insert name and Utl'e of tile officer) personallry appeared ________________________ _
-----------------------------------·
who proved to rne on th.e basis of satisfactory eviidence to be the person(s) whose name(s) irs/are subscribed! to the within instrument and acknowled'ged: to me that he/she/they executed the same in tliiS/her/th.eir m1thoriizedl capa,aity(ies), andl that by hij s/her/the·r si.gnature(s) 011 the instrument the person{s), or the entity upon behalf of which the person(s) acted:, executed: t11e instrument.

I certify und'.er PBNAL TY OF PERJURY under the l'aws of the State of Califomi1a that the foreg.o•ing p.arngraph is true and correct.

WITNESS my hand and offic1ial seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
LOT 12 AND 14 OF SMOKE TREE RANCH NO. 2, IN THE CITY OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGES 97 AND 98 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL METALS AND MINERALS, AND ALL PETROLEUM,

NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES, AND ALL SURFACE

DEPOSITS AND SUBSOIL PRODUCTS OF ANY NATURE OR CHARACTER

WHATSOEVER, IN, UNDER OR UPON THE LAND HEREIN DESCRIBED AND EVERY PART THEREOF.

ASSESSOR’S PARCEL NUMBER: 510-172-001
Item 1H - Page 115
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 116
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 117
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Replace and repair brick and grout for exterior walkway. Estimated time: Every 5 years.

2. Maintain and repair existing aluminum windows including weather stripping and openers, as needed.

3. Landscape maintenance of large trees (eg. Mesquite, Palo Verde, Tamarisk and Palm Trees, Cacti, and other shrubs). Estimated cost: $8,500.00

4. Install solar heating and cooling systems to replace existing gas system. Estimated time: 2025-2028. Estimated cost: $40,000.00
Item 1H - Page 118
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ______day of __________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Andrew T. Vo and Marcus Heffner ("Owner") RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 2821 E. Livmor Avenue, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On January 30, 2020 (the "Approval Date"), the City Council approved Resolution 24714 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

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

Item 1H - Page 119
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 120
3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1H - Page 121
4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1H - Page 122
5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: Andrew T. Vo and Marcus Heffner
2821 E. Livmore Avenue
Palm Springs, CA 92262

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

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's obligation to indemnify shall survive the Item 1H - Page 123
6 termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this
Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner is the economic advantage that will Item 1H - Page 124
7 accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 125
8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Owner: Andrew T. Vo

Dated:_________________________ By:_______________________________ Owner: Marcus Heffner

Item 1H - Page 126
9 Item 1H - Page 127

ACIKNOWLEDGMIENT
A noiary public or other office:r ,compleli g1 tlli:s certi~ca~e verifies a ly lhe ide:nli y of the individual wiho signed e dooome;nt ro whidl this ,ceram:ate is a - tied, and n.ot e truil"Lrutness. accuracy, or va d'ity ,of ihat document State of Ca I ifomi.a
County of __________ _
On _______ before me,- --------------------~· (here insert name and Utl'e of tile officer) personallry appeared ________________________ _
-----------------------------------·
who proved to rne on th.e basis of satisfactory eviidence to be the person(s) whose name(s) irs/are subscribed! to the within instrument and acknowled'ged: to me that he/she/they executed the same in tliiS/her/th.eir m1thoriizedl capa,aity(ies), andl that by hij s/her/the·r si.gnature(s) 011 the instrument the person{s), or the entity upon behalf of which the person(s) acted:, executed: t11e instrument.

I certify und'.er PBNAL TY OF PERJURY under the l'aws of the State of Califomi1a that the foreg.o•ing p.arngraph is true and correct.

WITNESS my hand and offic1ial seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOT 50 OF SUNMOR ESTATES NO. 1, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 28, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM, IN ACCORDANCE WITH EXECUTIVE ORDER 9908 APPROVED DECEMBER 5, 1947 (12 F. R. 8283), ALL URANIUM, THORIUM, AND ALL OTHER MATERIALS DETERMINED PURSUANT TO SECION 5 (B) (1) OF THE ATOMIC ENERGY ACT OF 1946 (60 STAT. 761) TO BE PECULIARLY ESSENTIAL

TO THE PRODUCTION OF FISSIONABLE MATERIAL CONTAINED IN WHATEVER

CONCENTRATION, IN DEPOSITS IN THE LANDS COVERED BY SAID

INSTRUMENT, TOGETHER WITH THE RIGHT OF THE UNITED STATES, THROUGH

ITS AUTHORIZED AGENTS OR REPRESENTATIVES, AT ANY TIME TO ENTER

UPON THE LAND AND PROSPECT FOR, MINE, AND REMOVE SAME, MAKING JUST COMPENSATION FOR ANY DAMAGED OR INJURY OCCASIONED THEREBY;

AS SET OUT IN FROM THE UNITED STATES OF AMERICA, SETTING BY AND THROUGH WAR ASSETS ADMINISTRATION, TO AUSTIN G. MC NANIUS AND PEARL N. MC NAMUS, HUSBAND AND WIFE; RECORDED MAY 20, 1948 IN BOOK 911 PAGE 186 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

APN: 502-141-006
Item 1H - Page 128
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 129
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 130
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Electrical Upgrades and Solar Installation: Upgrade outdated electrical system and install solar panels to improve livability, safety, efficiency and stability. Estimated cost: $75,000. Estimated year of completion: 2026

2. Restoration of front windows: replace altered front windows with historically accurate custom reproduction. Estimated cost: $10,000. Estimate year of completion: 2026

3. Landscape maintenance: ongoing monthly service to upkeep the desert landscaping. Estimated cost: $24,000 for 10 years ($200/month). Estimated year of completion: 2025-2035

4. Tree trimming and car: annual trimming and maintenance of mature trees for safety and preservation of historic setting. Estimated cost: $10,000 for 10 years ($1,000/yr). Estimated year of completion: 2025-2035.

5. Future landscape project: Redesign the yard with historically sensitive hardscape and desert appropriate planting material. Historical setting must be preserved.

Estimated cost: $50,000. Estimated year of completion: 2028

6. Roof repair/replacement: Repair and replace roof as needed using historically compatible materials. Estimated cost: $25,000-$30,000. Estimated year of completion: 2030

7. Exterior cladding and painting: Repair or replace stucco/exterior with period appropriate colors. Estimated cost: $15,000. Estimated year of completion: 2032

8. HVAC system update: replace aging HVAC with energy-efficient system.

Estimated cost: $20,000. Estimated year of construction: 2029

9. Plumbing and Hazardous Material remediation: Update plumbing and remove any outdated hazardous materials (eg. asbestos). Estimated cost: $15,000. Estimated year of completion: 2025-2035 (as needed).

10.Foundation/structural repair: address slab cracks, stabilization and other long-term structural preservation. Estimated cost: $20,000-$40,000. Estimated year of completion: 2030

11.Seismic Retrofitting: adding bolts, bracing and shear walls for seismic safety.

Estimated cost: $15,000-$25,000. Estimated year of completion: 2026-2028

12. Insulation & Energy efficiency upgrades: install appropriate insulation in roof and walls to improve efficiency. Estimated cost: $10,000-$15,000. Estimated year of completion: 2027

13.Water and Sewer line replacements: replace aging or corroded lines to prevent leaks and failures. Estimated cost: $20,000-$30,000. Estimated year of completion: 2030

14.Driveway/hardscape restoration: restore original driveway, block walls, walkways consistent with historic design. Estimated cost: $15,000-$25,000. Estimated year of completion: 2028

15.Pool and pool equipment: restore pool tiles, plaster and equipment. Estimated cost: $20,000-$35,000. Estimated year of completion: 2029 Item 1H - Page 131
14 16.Irrigation system upgrade: install water-conscious drip system to preserve desert landscape design. Estimated cost: $5,000-$8,000. Estimated year of completion:
2026

17.Pest control and Termite treatment: regular inspections and treatment to protect wood elements from termites and pests. Estimated cost: $4,000 for 10 years.

Estimated year of completion: 2025-2035 (recurring).

18.Historic lighting and hardware restoration: replace altered fixtures and door hardware with historically appropriate reproductions. Estimated cost: $7,000- $10,000. Estimated year of completion: 2027

19.Stormwater/drainage improvements: improve drainage to prevent water intrusion and structural damage. Estimated cost: $10,000-$15,000. Estimated year of completion: 2029
Item 1H - Page 132
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kimberly Ann Brown and Robert John Koutek ("Owner") and Sandcliff Homeowners Association (“HOA”).

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1847 Sandcliff Road, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On February 3, 2016 (the "Approval Date"), the City Council approved Resolution 23963 establishing the subject property as a contributing structure in the Sandcliff Garden Homes Historic District.

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

Item 1H - Page 133
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 134
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

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

Upon the City Manager’s declaration of the
Item 1H - Page 135
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 136
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: Kimberly Ann Brown and Robert John Koutek
1847 Sandcliff Road
Palm Springs, CA 92264

HOA: Sandcliff Homeowners Association
Nick Keuilian, Property Manager
68950 Adelina Road
Cathedral City, CA 92234

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1H - Page 137
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

Item 1H - Page 138
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 139
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Kimberly Ann Brown, Owner

Dated:_________________________ By:_______________________________ Robert John Koutek, Owner

Dated:_________________________ By:_______________________________ Property Manager: Nick Keuilian
Sandcliff Homeowners Association
Item 1H - Page 140
9 Item 1H - Page 141

ACIKNOWLEDGMEINT
A no ry public or other ofiioe:r ,oompletillQI ttiilS ceJti-ca e verifies only the iclenlity of the illdivooual who siglled e dooume;nt which tttis ,certificate is attached. and not !he truth.rul'ness. accuracy, or va~d'iiy ,of lhat documellt.

State of Ca lifomia
County of __________ _
On _______ before me, ______________________ .
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) i&lare subscribed to the witl1in instrument and acknowledged, to me th.at he/she/they executed the same iin his/her/their authorized capacity(ies), and, that by h1s/11ertthe;ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PBNALTY OF PERJURY under the laws of the State of Caliliomia that t11e foregoing paragmph is true and correct.

WITNESS my hand and officiial seal.

Signature ______________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
PARCEL 1:

LOT 13, TOGETHER WITH AN UNDIVIDED 1/40TH INTEREST IN AND TO COMMON LOT 42, AS SHOWN ON THAT CERTAIN MAP ATTACHED TO AN INSTRUMENT ENTITLED “FIRST REVISION OF DECLARATION OF PROTECTIVE RESTRICTIONS,

LIMITATIONS, CONDITIONS, COVENANTS, RESERVATIONS, LIENS AND CHARGES FOR GARDEN VILLAS, A RESIDENTIAL PROJECT”, RECORDED JULY 1, 1966 AS INSTRUMENT NO. 68359 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXCEPTING THEREFROM THAT PORTION OF COMMON LOT 42, AS CONVEYED TO ROSE ROSENBERG, BY DEED RECORDED JANUARY 30, 1968 AS INSTRUMENT NO. 8975 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ALSO EXCEPTING THEREFROM ALL GAS, OIL, AND MINERAL RIGHTS BELOW A DEPTH OF 50 FEET, AS WAS RESERVED BY JOHN G. MUNHOLLAND, ET AL IN VARIOUS DEEDS OF RECORDS.

PARCEL 2:

AN EASEMENT OVER THE WESTERLY 18.00 FEET OF LOT 41 OF TRACT NO. 3010, AS SHOWN BY MAP ON FILE IN BOOK 50, PAGES 76 AND 77 OF MAPS,

RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, FOR INGRESS, EGRESS,

PUBLIC UTILITIES AND INCIDENTAL PURPOSES, AS CONTAINED IN AN INSTRUMENT ENTITLED “INDENTURE OF EASEMENTS AND RIGHTS OF WAY”, RECORDED NOVEMBER 27, 1964 IN BOOK 3862, PAGE(S) 554 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ASSESSOR’S PARCEL NUMBER: 510-040-009
Item 1H - Page 142
11 \EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 143
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 144
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Restoration of original features including patio light fixtures facing the common areas and the main entrances of Sandcliff Road. Estimated cost: $300. Estimated year: 2026.

2. Repair original features like the fixed windows and sliding doors. Estimated cost:
$2,000. Estimated year: 2026.

3. Update electrical, plumbing and HVAC systems to be more efficient. Estimated cost: $20,000. Estimated year: 2027.

4. Upgrades to glass for energy efficiency. Estimated cost: $10,000 - $15,000.

Estimated year: 2026.

Item 1H - Page 145
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Ocotillo 345 LLC ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 345, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On May 23, 2024 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

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

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2 AGREEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Breach of Agreement; Remedies.

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

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

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 149
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: Ocotillo 345 LLC
Lisa Agett (Manager)
P.O. BOX 1218
Avon, CO 81620

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

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner Item 1H - Page 150
6 or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

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7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

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

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Manager: Lisa Agett
Ocotillo 345 LLC.

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association
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9 Item 1H - Page 154

ACIKNOWLEDGMEINT
A no ry public or other ofiioe:r ,oompletillQI ttiilS ceJti-ca e verifies only the iclenlity of the illdivooual who siglled e dooume;nt which tttis ,certificate is attached. and not !he truth.rul'ness. accuracy, or va~d'iiy ,of lhat documellt.

State of Ca lifomia
County of __________ _
On _______ before me, ______________________ .
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) i&lare subscribed to the witl1in instrument and acknowledged, to me th.at he/she/they executed the same iin his/her/their authorized capacity(ies), and, that by h1s/11ertthe;ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PBNALTY OF PERJURY under the laws of the State of Caliliomia that t11e foregoing paragmph is true and correct.

WITNESS my hand and officiial seal.

Signature ______________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM

SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

A CONDOMUNIUM COMPRISED OF:

PARCEL 1:

A. UNIT NO. 345, AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO 237791, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS, AND

RESTRICTIONS ESTABLISHING A PLAN OF CONDOMUNIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 239160, OF OFFICAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

B. AN UNDIVIDED 1/127THS INTEREST IN AND TO LOT 1 OF TRACT NO. 28063, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY HAP ON FILE IN BOOK 254, PAGE 50 AND 51, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

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

PARCEL 2:

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

ASSESSOR’S PARCEL NUMBER: 511-035-087
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11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

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12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

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

SPECIFIC PROJECTS
(Section 4.3)

1. Restore the existing windows and sliders by removing applied tint. Estimated cost:
$5,000. Estimated year: 2026.

2. Paint interior of patio fencing. Estimated cost: $2,000. Estimated year: 2027.

3. Maintain/repair exterior patio lights. Estimated cost: $1,500. Estimated year: 2026.

4. Plans for exterior planters and irrigation on patio. Estimated cost: $2,000.

Estimated year: 2027.

5. Exterior landscaping with approved design. Estimated cost: $1,000. Estimated year: 2029.

6. Replace patio hardscape/pavers. Estimated cost : $1,000. Estimated year: 2028.

7. Maintain HVAC system located on roof and future replacement. Estimated cost:
$10,000. Estimated year: ongoing and replacement within 10 years.

8. Replace exterior patio door to match approved design. Estimated cost: $250.

Estimated year: 2025.

9. Maintenance of exterior lighting, exterior siding, trim doors and windows.

Estimated cost: $5,500. Estimated year: ongoing within the 10 year period.

10.Maintain/ upgrade of patio plumbing and electrical. Estimated cost: $4,000.

Estimated year: ongoing within the 10 year period.

Item 1H - Page 158
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ________day of__________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and The Richard Logan Nauman Living Trust dated march 28, 2022 ("Owner") and Country Club Estates of Palm Springs Home Owners Association (“HOA”).

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 810 E. La Verne Way, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On April 25, 2024 (the "Approval Date"), the City Council approved Resolution 25197 establishing the subject property as a contributing structure in the Country Club Estates Historic District.

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

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2 AGREEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Breach of Agreement; Remedies.

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

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

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 162
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: The Richard Logan Nauman Living Trust dated March 28, 2022 Richard Logan Nauman (Trustee)
810 E. La Verne Way
Palm Springs, CA 92264

HOA: Country Club Estates of Palm Springs Homeowners Association Brandon Blair, President
777 E. Tahquitz Canyon Way, Suite 200-93
Palm Springs, CA 92262

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner Item 1H - Page 163
6 or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

Item 1H - Page 164
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 165
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Trustee: Richard Logan Nauman
The Richard Logan Nauman Living Trust

Dated:_________________________ By:_______________________________ President: Brandon Blair
Country Club Estates of Palm Springs
Homeowners Association
Item 1H - Page 166
9 Item 1H - Page 167

ACKNOWLEDGMENT
A notary public or other officer completing this certificMe , verifies only the identity of the individ ual w ho signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document.

State of Galifomia
County of _________ _
On ______ before me. _ ___________________ _
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory evidence to be the persont.s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe1:ul e<.J U1e ~111e i11 1,i~1e1/U1ei1 aulhu1i,:e<.J c<1p<1cily(ie~). <111<.J lhal l>y t1i~1e1/U1ei1 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL 1Y OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
PARCEL 1:

LOT 19 OF TRACT 2972, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 52, PAGE(S) 66 THROUGH 70 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 2:

AN UNDIVIDED 1/30TH INTEREST IN LOT 31 OF TRACT 2972, AS SHOWN BY MAP ON FILE IN BOOK 52, PAGE(S) 66 THROUGH 70 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

APN: 511-150-019-7
Item 1H - Page 168
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 169
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 170
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Restoration of corner monument sign to match historic documentation.

Estimated cost: $10,000. Estimated year: 2026.

2. Replace historic landscape light fixtures (loli-pop/ globe shaped post).

Estimated cost: $4,500. Estimated year: 2026.

3. Restore/ replace patio rafters in entrance to courtyard of two-plex units.

Estimated cost: TBD. Estimated year: 2028.

4. Restore original wall sconce (light fixture). Estimated cost $400. Estimated year: 2030.

5. Repaint complex with following historic paint analysis. Estimated cost: $5,000.

Estimated year: 2033.

6. Replace front entrance doors, hardware, numbers and glass fenestration.

Estimated cost: TBD. Estimated year: within the next 10 years.

Item 1H - Page 171
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

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

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 341, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On May 23, 2024 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

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

Item 1H - Page 172
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 173
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

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

Upon the City Manager’s declaration of the
Item 1H - Page 174
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 175
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: James Patrick Mone and Zaina Gisele Mone
1111 E. Palm Canyon Drive, Unit #341
Palm Springs, CA 92264

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

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1H - Page 176
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

Item 1H - Page 177
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 178
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ James Patrick Mone, Owner

Dated:_________________________ By:_______________________________ Zaina Gisele Mone, Owner

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association
Item 1H - Page 179
9 Item 1H - Page 180

ACIKNOWLEDGMEINT
A no ry public or other ofiioe:r ,oompletillQI ttiilS ceJti-ca e verifies only the iclenlity of the illdivooual who siglled e dooume;nt which tttis ,certificate is attached. and not !he truth.rul'ness. accuracy, or va~d'iiy ,of lhat documellt.

State of Ca lifomia
County of __________ _
On _______ before me, ______________________ .
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) i&lare subscribed to the witl1in instrument and acknowledged, to me th.at he/she/they executed the same iin his/her/their authorized capacity(ies), and, that by h1s/11ertthe;ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PBNALTY OF PERJURY under the laws of the State of Caliliomia that t11e foregoing paragmph is true and correct.

WITNESS my hand and officiial seal.

Signature ______________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
PARCEL 1:

A CONDOMINIUM COMPRISED OF:

A. UNIT NO. 341 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 2'37791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

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

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

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

PARCEL 2:

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

ASSESSOR’S PARCEL NUMBER: 511-035-083
Item 1H - Page 181
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 182
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 183
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Replace/restore patio fencing. Estimated cost: $5,000. Estimated year: 2032.

2. Install exterior patio gate in accordance with approved design guidelines.

Estimated cost: $2,000. Estimated year: 2028.

3. Remove and restore exterior patio light fixtures in accordance with approved design guidelines. Estimated cost: $1,000. Estimated year: 2026.

4. Patio landscaping includes removal of dying trees and replacing plant material in accordance with design guidelines. Installation of new irrigation system. Estimated cost: $5,000. Estimated year: 2034.

5. Replace damaged sliding glass doors in accordance with approved design guidelines. Estimated cost: $5,000. Estimated year: 2026.

6. Regular landscape maintenance, including annual palm tree trimming and irrigation. Estimated cost: $600 / year. Estimated year: over the 10 year period.

7. Exterior repaint of patio fencing. Estimated cost: $250. Estimated year: repaint ever 2 years for the 10 year period.

Item 1H - Page 184
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ________day of__________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Nancy Weinger and Gary Pattengale ("Owner") and Country Club Estates of Palm Springs Home Owners Association (“HOA”).

RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1973 Camino Real, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

D. On April 25, 2024 (the "Approval Date"), the City Council approved Resolution 25197 establishing the subject property as a contributing structure in the Country Club Estates Historic District.

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

Item 1H - Page 185
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 186
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

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

Upon the City Manager’s declaration of the
Item 1H - Page 187
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1H - Page 188
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: Nancy Weinger and Gary Pattengale
1973 Camino Real
Palm Springs, CA 92264

HOA: Country Club Estates of Palm Springs Homeowners Association Brandon Blair, President
777 E. Tahquitz Canyon Way, Suite 200-93
Palm Springs, CA 92262

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

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1H - Page 189
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

Item 1H - Page 190
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 191
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Nancy Weinger, Owner

Dated:_________________________ By:_______________________________ Garry Pattengale, Owner

Dated:_________________________ By:_______________________________ President: Brandon Blair
Country Club Estates of Palm Springs
Homeowners Association
Item 1H - Page 192
9 Item 1H - Page 193

ACKNOWLEDGMENT
A notary public or other officer completing this certificMe , verifies only the identity of the individ ual w ho signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document.

State of Galifomia
County of _________ _
On ______ before me. _ ___________________ _
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory evidence to be the persont.s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe1:ul e<.J U1e ~111e i11 1,i~1e1/U1ei1 aulhu1i,:e<.J c<1p<1cily(ie~). <111<.J lhal l>y t1i~1e1/U1ei1 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL 1Y OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
PARCEL 1:

LOT 4 OF TRACT 2972, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 52, PAGE(S) 66 THROUGH 70 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 1A:

AN UNDIVIDED 1/30TH INTEREST IN LOT 31 OF TRACT NO. 2972, AS SHOWN BY MAP ON FILE IN BOOK 52, PAGE(S) 66 THROUGH 70 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

APN: 511-150-004
Item 1H - Page 194
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 195
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 196
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Replacement of all windows and sliders in accordance with approved design guidelines. Estimated cost: $40,000.

2. Roof replacement. Estimated cost: $18,000-$28,000.

3. Maintain and repaint the front door in accordance with approved design guidelines. Estimated cost: $1,000-$2,500.

4. Maintenance of historic atrium feature by painting the walls, trim, etc. of exterior. Estimated cost: $3,500-$6,000.

5. Update landscaping plant material and irrigation within the historic atrium that is open. Estimated cost: $8,000-$15,000.

6. Install and update PV panels in accordance with approved design guidelines for the unit. Estimated cost: $14,000-$25,000.

7. Maintain and replace damaged side patio and laundry doors in accordance with approved design guidelines. Estimated cost: $3,000-$7,000.

8. Concrete maintenance of side patio. Estimated cost: $3,500-$7,000.

9. HVAC system repair and maintenance. Estimated cost: $7,000-$15,000.

Estimated year: over the 10 year period.

Item 1H - Page 197
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ______day of __________, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and The Z-List Revocable Trust, dated May 28, 2015 ("Owner") RECITALS:

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

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 999 N. Patencio Road, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On October 22, 2025 (the "Approval Date"), the City Council approved Resolution 25351 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

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

Item 1H - Page 198
2 AGREEMENT

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

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

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

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

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

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

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

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

Item 1H - Page 199
3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

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

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

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

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

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1H - Page 200
4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

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

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

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

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

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1H - Page 201
5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

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

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

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

Owner: The Z-List Revocable Trust, dated May 28, 2015
Harma Hartouni and Asad Ayaz (Trustees)
999 Patencio Road
Palm Springs, CA 92262

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

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs Item 1H - Page 202
6 incurred by each of them. The Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

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

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

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

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

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

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this
Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Item 1H - Page 203
7 Property, and the primary consideration to the Owner is the economic advantage that will accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1H - Page 204
8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

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

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Harma Hartouni (Trustee)
The Z-List Revocable Trust

Dated:_________________________ By:_______________________________ Asad Ayaz (Trustee)
The Z-List Revocable Trust.

Item 1H - Page 205
9 Item 1H - Page 206

ACIKNOWLEDGMIENT
A noiary public or other office:r ,compleli g1 tlli:s certi~ca~e verifies a ly lhe ide:nli y of the individual wiho signed e dooome;nt ro whidl this ,ceram:ate is a - tied, and n.ot e truil"Lrutness. accuracy, or va d'ity ,of ihat document State of Ca I ifomi.a
County of __________ _
On _______ before me,- --------------------~· (here insert name and Utl'e of tile officer) personallry appeared ________________________ _
-----------------------------------·
who proved to rne on th.e basis of satisfactory eviidence to be the person(s) whose name(s) irs/are subscribed! to the within instrument and acknowled'ged: to me that he/she/they executed the same in tliiS/her/th.eir m1thoriizedl capa,aity(ies), andl that by hij s/her/the·r si.gnature(s) 011 the instrument the person{s), or the entity upon behalf of which the person(s) acted:, executed: t11e instrument.

I certify und'.er PBNAL TY OF PERJURY under the l'aws of the State of Califomi1a that the foreg.o•ing p.arngraph is true and correct.

WITNESS my hand and offic1ial seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM

SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF MERITO VISTA UNIT NO. 2, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE(S) 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 505-251-005
Item 1H - Page 207
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

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

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

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

Item 1H - Page 208
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1H - Page 209
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Electrical Upgrades: replace outdated wiring, panels and update to current code.

Estimated cost: $278,000. Estimated year: 2026.

2. Plumbing system upgrades: replace failing pipes and install low-flow fixtures.

Estimated cost: $256,200. Estimated year: 2026.

3. HVAC replacement: install energy-efficient systems with concealed ducting to meet alteration standards for historic properties. Estimated cost: $193,000. Estimated year:
2026.

4. PV installation on roof to meet standards for alterations to historic buildings. Estimated cost: $189,730. Estimated year: 2026.

5. Repair/replace/maintain roof drainage, sewer updates and site drainage. Estimated cost: $88,000. Estimated year: 2026.

6. Abatement of hazardous materials: lead-based paint to be removed and abated.

Estimated cost: $47,000. Estimated year: 2026.

7. Structural reinforcement and repairs to stabilize historic structure. Estimated cost:
$172,200. Estimated year: 2026.

8. Roof repairs include in-kind replacement. Estimated cost: $54,000. Estimated year:
2026.

9. Landscaping maintenance to prevent future deterioration to existing terrazzo elements. Estimated cost: $10,000-$20,000. Estimated year: 2031-2036.

10.Removal of 1970s additions that are non-contributing elements to the building and then restoring the east and west sides of the residence in accordance with the historic documentation.

11.Restoration or reconstruction of lost features such as the terrazzo flooring, window/door detailing, rock wall repairs and repointing, etc.

Item 1H - Page 210
I. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C410
WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF

BODY-WORN CAMERAS, IN-CAR CAMERAS, DIGITAL EVIDENCE

MANAGEMENT SOFTWARE, AND ASSOCIATED WARRANTIES,

SOFTWARE, AND STORAGE FEES
RECOMMENDATION:

1. Approve Cooperative Purchase Agreement No. 25C410 with Motorola Solutions, Inc., for the purchase of body-worn cameras, in-car cameras, digital evidence management software, including associated warranties, software, and storage fees for an amount not to exceed $875,831.50 for a five-year term commencing on December 11, 2025, and continuing through December 10, 2030;

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

Item 1I - Page 1

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 CONSENT CALENDAR
SUBJECT: APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C410 WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF BODYWORN CAMERAS, IN-CAR CAMERAS, DIGITAL EVIDENCE

MANAGEMENT SOFTWARE, AND ASSOCIATED WARRANTIES,

SOFTWARE, AND STORAGE FEES
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

This action will approve a cooperative purchase agreement with Motorola Solutions, Inc., for the purchase of equipment and services, including body-worn cameras, in-car cameras, digital evidence management platform, and associated warranties, software, and storage fees for an amount not to exceed $875,831.50 for a five-year term.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement No. 25C410 (Attachment A) with Motorola Solutions, Inc., for the purchase of body-worn cameras, in-car cameras, digital evidence management software, including associated warranties, software, and storage fees for an amount not to exceed $875,831.50 for a five-year term commencing on December 11, 2025, and continuing through December 10, 2030;

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

BACKGROUND:

On July 9, 2020, City Council approved a cooperative purchase for WatchGuard Video, Inc., a wholly owned subsidiary of Motorola Solutions, Inc., body-worn cameras, in-car cameras, motorcycle mounted cameras, including associated warranties, software, and data storage fees for a 5-year term. Since the original procurement, Motorola Solutions, Inc. has transitioned away from the WatchGuard name. Currently, all support, replacement equipment, and extended warranties related to the 2020 procurement are provided by Motorolas Solutions, Inc.

Item 1I - Page 2
City Council Staff Report
December 10, 2025 -- Page 2
Approve Cooperative Purchase Agreement No. 25C410
STAFF ANALYSIS:

Body-worn cameras provide accurate and objective records of contacts between law enforcement and the public. They can increase public trust, enhance police accountability, and have simplified the complaint resolution process. Fixed in-car camera systems provide additional context, coverage and perspective when used in conjunction with body-worn cameras.

In 2020, the Police Department purchased 125 body-worn cameras and associated accessories for its sworn and civilian law enforcement personnel, including Community Service and Animal Control Officers. An additional 68 camera systems were installed in marked police vehicles and 5 were mounted to marked police motorcycles. The 2020 agreement with WatchGuard Video, Inc. also included a 5-year warranty for in-car cameras, a 3-year warranty for body-worn cameras, and the purchase of Evidence Library, a digital storage solution for the in-car and body-worn video footage.

The in-car cameras purchased in 2020 have reached end-of-life and the body-worn cameras, which are subject to the harsh desert environment and the physical demands of daily use in law enforcement, have been routinely replaced through an extended warranty since the third year of the agreement. Since the original 2020 procurement of the WatchGuard 4RE in-car cameras, these cameras have been phased out by Motorola.

Over the last several years, the City’s Fleet Department has purchased 19 additional Motorola M500 in-car cameras to outfit patrol vehicles added to the fleet since the original procurement. These are the same make and model of camera recommended for purchase as part of the proposed agreement and are compatible with the Department’s existing equipment and accessories. The Department has found the M500 cameras to have substantially better picture quality and enhanced nighttime and low-light resolution.

As technology continues to advance and play a more critical role in investigations, the Police Department has experienced increased storage and retention demands for digital evidence. While Evidence Library has been used for digital storage associated with incar and body-worn cameras, the Department’s digital photographs, video and surveillance footage, audio recordings, and drone imagery are stored on physical servers.

Increased digital storage demands have strained the existing infrastructure. The Information Technology and Police Departments have identified Motorola’s Digital Evidence Management Solution (DEMS) as a cloud-based storage solution for all Police Department digital storage.

Motorola Solutions, Inc. has provided a proposal to furnish the Police Department with 67 M500 in-car cameras, 125 V700 body-worn cameras, and Department-wide access to DEMS, Motorola’s digital evidence management system. As part of the agreement, the 125 body-worn cameras will be replaced at Year 3, eliminating the need for an extended warranty and ensuring that Department personnel have access to these valuable tools without interruption throughout the term of the agreement. Existing equipment required Item 1I - Page 3
City Council Staff Report
December 10, 2025 -- Page 3
Approve Cooperative Purchase Agreement No. 25C410
for charging, docking, and video upload and download are compatible with this purchase, eliminating the need for additional purchases of those items.

In accordance with City of Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods,” Section 5, “Cooperative Purchasing Programs”, the City Council may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program with a public entity or association of public agencies or officials, provided that the contractor selected has been selected through a competitive process and the department finds that the competitive process is similar to that contained in Title 7 or adequate to protect the public interest, and that due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the City’s independent purchasing pursuant to Title 7.

The Police Department is proposing to enter into a five-year Cooperative Purchase Agreement utilizing Sourcewell’s Mobile Video 101220-MOT Contract No. 36874.

Sourcewell is a public agency that conducts competitive solicitations and awards contracts to qualified vendors, allowing participating agencies to benefit from volume pricing and streamlined procurement processes. This cooperative purchasing arrangement provides competitive pricing and efficient procurement to support the operational needs of the Police Department.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

FISCAL IMPACT:

The total cost of the proposed Motorola Solutions, Inc. proposal, inclusive of all equipment, warranties, software, storage fees, and taxes, is $875,813.50 over a five-year term, with $461,223.71 in year one costs and $96,670.60 in fees for years two through four of the agreement.

A comprehensive digital management system for storage and retention of digital evidence, like the DEMS software proposed in this agreement, plays an integral part in a robust Computer-Aided Dispatching/Records Management System (CAD/RMS). Funding for the Department’s CAD/RMS project has been previously appropriated. Adequate funding for the DEMS-related portion of this purchase, $96,670.60 per year, is available in Project String 19-16.

Remaining year one costs, excluding DEMS, total $392.478.50. Appropriate funding for year one costs were budgeted for in Police Department account number 1005000 60015.

Item 1I - Page 4
City Council Staff Report
December 10, 2025 -- Page 4
Approve Cooperative Purchase Agreement No. 25C410
With approval of this agreement, the City will recognize several long-term cost savings. For the last two years, the Department has entered into extended warranties for body-worn cameras at a cost of nearly $30,000 per year. The Information Technology Department currently stores all digital evidence except body-worn and in-car camera footage on physical servers. Ongoing costs associated the physical storage of digital evidence are estimated at $216,549.49 over the course of the next five years. With growing storage demands, these costs would likely increase. Existing in-car and body-worn camera footage stored in Evidence Library can be integrated into DEMS, eliminating ongoing annual storage costs of $112,560 associated with the 2020 digital storage purchase. Approval of the proposed agreement will ultimately eliminate the need for extended warranties for equipment, physical server costs, and digital storage fees associated with the 2020 WatchGuard purchase.

REVIEWED BY:

Department Director: Andrew G. Mills
Finance Director: Kristopher J. Mooney
Procurement & Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:

A. Cooperative Purchase Agreement 25C410
Item 1I - Page 5

ATTACHMENT A
Cooperative Purchase Agreement
No. 25C410
Item 1I - Page 6
55575.18100\42906602.1
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COOPERATIVE PURCHASE OF BODY-WORN CAMERAS, IN-CAR

CAMERAS, & DIGITAL EVIDENCE MANAGEMENT SOFTWARE,

INCLUDING ASSOCIATED WARRANTIES, SOFTWARE, AND STORAGE
FEES AGREEMENT NO. 25C410
This Cooperative Purchase of Body-worn cameras, in-car cameras, & digital evidence management software, including associated warranties, software, and storage fees Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Motorola Solutions, Inc., a Delaware corporation (“Contractor”). City and Contractor are sometimes individually referred to as a “Party” or collectively as the “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Mobile Video 101223-MOT Contract No. 36874 (“Cooperative Agreement”).
b. The City desires to obtain 67 M500 in-car cameras, 125 V700 body-worn cameras, and Department-wide access to DEMS, Motorola’s digital evidence management system. The agreement includes associated warranties, software, DEMS storage fees, and a full replacement of the 125 body-worn cameras at Year 3, attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out here in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is for five (5) years, beginning on December 11, 2025, and valid until December 10, 2030.

3. Compensation and Payment. This Agreement shall be for an amount not to exceed $875,831.50, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B,” which is incorporated by reference into this Agreement, as if fully set out here in its entirety.

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

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required, Attachment “C” will reflect that there are no insurance requirements set forth for this Agreement.

6. 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 Item 1I - Page 7
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BB&K (2024)
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 (if required and incorporated as part of 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. Notice. Any notices required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice shall be sent as follows:

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs Motorola Solutions, Inc.

Attn: City Manager/City Clerk Attn: Norberto Colon
Address: 3200 E Tahquitz Canyon Way Title: VP MSSSI & Director of Sales Palm Springs, CA 92262 Address: 500 W Monroe Street
Chicago, IL 60661

8. 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 this Agreement.

9. Changes. In the event any change or changes in the work is requested by City, the 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 work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

10. Termination Prior to Expiration of Term. The 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, in its sole and absolute discretion. 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 Item 1I - Page 8
55575.18100\42906602.1
BB&K (2024)
authorized by the Contract Officer after such notice. The 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 the City.

11. 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 the 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: 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 7.05.02, including without limitation the provision of benefits, relating to nondiscrimination in City contracting.

12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this section.

13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the Parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page on Following Page]
Item 1I - Page 9
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SIGNATURE PAGE TO COOPERATIVE PURCHASE OF BODY-WORN CAMERAS, IN-CAR

CAMERAS, & DIGITAL EVIDENCE MANAGEMENT SOFTWARE, INCLUDING ASSOCIATED

WARRANTIES, SOFTWARE, AND STORAGE FEES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND MOTOROLA SOLUTIONS, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: 12/10/2025_ Item No. ________
APPROVED AS TO FORM: ATTEST:

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

By: _____________________________ Date: ____________________________ City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1I - Page 10
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ATTACHMENT “A”

SCOPE OF WORK
Contractor shall provide 67x M500 in-car cameras, 125x V700 body-worn cameras, and Department-wide access to DEMS, Motorola’s digital evidence management system for Palm Springs Police Department. The agreement includes associated warranties, software subscriptions, DEMS storage fees, and a full replacement of the 125 body-worn cameras at Year 3 as outlined under Attachment B.

Item 1I - Page 11
55575.18100\42906602.1
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ATTACHMENT “B”

QUOTE / PRICING
Item 1I - Page 12
QUOTE-3163917

PALM SPRINGS POLICE DEPT, CITY OF
(125) V700 VaaS (67) M500 + DEMS
06/11/2025
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

Item 1I - Page 13
• MOTOROLA SOLUTIONS
06/11/2025

PALM SPRINGS POLICE DEPT, CITY OF
3111 E TAHQUITZ
PALM SPRINGS, CA 92262
RE: Motorola Quote for (125) V700 VaaS (67) M500 + DEMS Dear Melissa  Cain,
Motorola Solutions is pleased to present PALM SPRINGS POLICE DEPT, CITY OF with this quote for quality communications equipment and services.  The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide PALM SPRINGS POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Dianne Kiehne at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Dianne Kiehne
QUOTE-3163917
Item 1I - Page 14
• MOTOROLA SOLUTIONS
Billing Address:

PALM SPRINGS POLICE DEPT,

CITY OF
3111 E TAHQUITZ
PALM SPRINGS, CA 92262
US
Shipping Address:

PALM SPRINGS POLICE DEPT,

CITY OF
200 S CIVIC DR
PALM SPRINGS, CA 92262
US
Quote Date:06/11/2025
Expiration Date:12/31/2025
Quote Created By:

Dianne Kiehne
Dianne.Kiehne@
motorolasolutions.com
End Customer:

PALM SPRINGS POLICE DEPT, CITY OF
Melissa  Cain
[email protected]
760.323.8133
Contract:  36874 - SOURCEWELL MOBILE
VIDEO-101223-MOT
Summary:

This Motorola quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreement") that authorizes Customer to purchase equipment and/or services or license software (collectively "Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is found at http://www.motorolasolutions.com/product-terms Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price
Refresh
Duration
CommandCentral
DEMS
1 SSV00S05160A COMMANDCENTRAL

DEMS UNLIMITED

STORAGE PER
BODYWORN CAMERA*
125 5 YEAR $1,020.00 $867.00 $108,375.00
2 SSV00S05158A COMMANDCENTRAL
DEMS PLUS SERVICE*
209 5 YEAR $1,980.00 $0.00 $0.00
3 SSV00S05161A COMMANDCENTRAL

DEMS UNLIMITED

STORAGE PER IN-CAR
VIDEO CAMERA*
134 5 YEAR $1,020.00 $867.00 $116,178.00
4 SSV00S05163A COMMANDCENTRAL

DEMS UNLIMITED
STORAGE 3RD PARTY*
150 5 YEAR $1,560.00 $1,404.00 $210,600.00
5 WGW00122-301 MOBILE VIDEO

DEPLOYMENT SERVICES
6265
7 $1.25 $1.00 $62,657.00
QUOTE-3163917
(125) V700 VaaS (67) M500 +
DEMS
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800