HomeMy WebLinkAboutRes 2023-049RESOLUTION NO. 2023-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ESTABLISHING THE APPLICATION PROCESS, REVIEW
PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE
IMPLEMENTATION OF THE PALM DESERT MILLS ACT PURSUANT TO
PALM DESERT MUNICIPAL CODE CHAPTER 29.70
WHEREAS, California Government Code, Article 12, Section 50280, more commonly
known as the Mills Act, established legislation providing property tax relief for owners of
qualified historic properties who contract with a city to abide by reasonable preservation
requirements; and
WHEREAS, the City of Palm Desert is dedicated to preserving historic resources
within the City; and
WHEREAS, pursuant to Palm Desert Municipal Code Title 29, the City has established
procedures to identify and designate historic resources within the City; and
WHEREAS, Palm Desert Municipal Code Chapter 29.70 allows for the adoption of
economic and other incentives for historic properties designated by the City Council or listed
on any official federal, state, or county register for the purpose of preservation, rehabilitation,
and maintenance of those designated historic resources; and
WHEREAS, preservation agreements will have beneficial effects on residential
neighborhoods, businesses, community pride, and regional image; and
WHEREAS, Palm Desert Municipal Code Section 29.0.030 states that the application
process, review procedures, and required contract provisions for preservation agreements
shall be established by separate resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
SECTION 1. The program implementing California Government Code, Article 12,
Section 24 50280 et seq. (known as the Mills Act) and Section 29.70.030 of the Palm Desert
Municipal Code, for the purposes of preserving, rehabilitating, and maintaining designated
historic resources, shall be known as the Mills Act.
SECTION 2. Pursuant to Palm Desert Municipal Code Section 29.70.030, the City
Council hereby delegates to the City Manager, or their designee, the authority and responsibility
to develop and maintain an application for properties seeking qualification and participation in
the Mills Act and the authority and responsibility to review and make a recommendation to the
City Council on any application submitted pursuant to the Mills Act. The City Council is the final
authority on the authorization and approval of the Mills Act.
SECTION 3. The Preservation Agreement to be used in the Mills Act is attached as
“Exhibit A.” Pursuant to Palm Desert Municipal Code Section 29.70.030, the City Council hereby
delegates to the City Manager, or their designee, the authority and responsibility to amend and
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 2
2
modify the Preservation Agreement as deemed necessary and appropriate, in consultation with
the City Attorney.
The terms of the Preservation Agreement shall allow compliance with California
Government Code, Article 12, Section 50280 et seq. (known as the Mills Act) and Palm Desert
Municipal Code Section 29.70.030. The maintenance, repair, rehabilitation, and/or restoration
standards applicable to the subject property shall be set forth in the Preservation Agreement. In
consideration for abiding with the terms of the Preservation Agreement, the owner of the subject
property shall be entitled to qualify for a reassessment of the historic property, pursuant to
Chapter 3, Page 2, of Division 1 of the California Revenue and Taxation Code.
SECTION 4. Applications for the Mills Act will be accepted through June 30th each
year, during normal business hours. All eligible applications received will be reviewed and
presented to the City Council for their consideration no later than December 1st each year.
SECTION 5. On January 13, 2011, the City Council of the City of Palm Desert adopted
Resolution No. 2011-1, which established the application process, review procedures, and
contract provisions for the implementation of the Palm Desert Mills Act. Resolution No. 2011-
1 shall be superseded by this Resolution, Resolution No. 2023-049, and be no longer
effective.
ADOPTED ON OCTOBER 26, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 3
3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution
No. 2023-049 is a full, true, and correct copy, and was duly adopted at a regular meeting of
the City Council of the City of Palm Desert on October 26, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on __________________.
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
10/30/2023
Resolution No. 2023-049 Page 4
4
EXHIBIT A
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk’s Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE (This Space for Recorder’s Use Only)
Historic Property Preservation Agreement
(“Mills Act Contract”)
Between
City of Palm Desert, California
a Municipal Corporation “City”
and
“OWNER”
“Owner”
Legal Description of Property
APN __________
_____________, Palm Desert, California 92260
Dated: _________
(Resolution No. _____ – Case No. ________
Approved at the Palm Desert City Council Meeting of _________)
_____________________________________________________________________________________________
_______________
(Title of Document)
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 5
5
HISTORIC PROPERTY PRESERVATION AGREEMENT
(“MILLS ACT CONTRACT or Agreement”)
This agreement is made this ________, 202_, by and between the City of Palm Desert, a municipal
corporation (“City”) and __________ (“Owner”).
RECITALS
1. California Government Code section 50280, et. seq. allows cities the discretion to enter into
contracts with the owners of qualified historic properties, as that term is defined in Government Code
section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of
such historic property so as to retain its characteristics as property of historic significance.
2. Owner holds fee title in and to that certain real property, together with associated structures and
improvements thereon, generally located at the street address ___________, Palm Desert, California
(“Historic Property”). A legal description of the Historic Property is attached hereto as Exhibit “A,” and
incorporated herein by this reference.
3. On _________, the Cultural Resources Preservation Committee and/or the City Council
designated the Historic Property as an historic resource pursuant to the terms and provisions of Title 29
of the Palm Desert Municipal Code.
4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving
the characteristics of historical significance of the Historic Property that help provide the community with
its own unique civic identity and character.
5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for
a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part 2, of
Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property
taxes resulting therefrom.
TERMS NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set
forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence
on ___________, (“Effective Date”) and shall remain in effect for a term of ten (10) years thereafter.
2. Yearly Renewal. 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 3 of this Agreement.
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 6
6
3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement,
Owner or 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 Owner
upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the
Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the
Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall
remain in effect for the balance of the term then remaining.
4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner’s receipt of the
Notice of Nonrenewal from City, Owner may file with 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. Owner may furnish the City Council with any
information which Owner deems 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.
5. Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
A. Owner shall preserve and maintain the characteristics of the cultural and historical
significance of the Historic Property. Attached hereto as Exhibit “B,” and incorporated
herein by this reference, 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 and be complied with by Owner throughout the term
of this Agreement. In addition, Owner shall comply with the terms of the City’s
Cultural Resources Ordinance 1168 (Title 29 of the Palm Desert Municipal 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.
B. 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 and the City of Palm Desert. The
condition of the exterior of the Historic Property on the effective date of this
Agreement is documented in photographs attached as Exhibit “C” and incorporated
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 7
7
herein by this reference. At a minimum, Owner shall continually maintain the exterior
of the Historic Property in the same condition as documented in Exhibit “C.”
C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation
projects on the Historic Property, as outlined in the attached Exhibit “D,” which is
incorporated herein by this reference. All such projects shall be undertaken and
completed in accordance with the Secretary of Interior Standards for Rehabilitation
and the City of Palm Desert design guidelines.
D. 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.
6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable
periodic examinations of the interior and exterior of the Historic Property by representatives of the
County Assessor, the State Department of Parks and Recreation, the State Board of Equalization
and/or City, as may be necessary to determine Owner’s compliance with the terms and provisions of
this Agreement. City shall inspect Historic Property prior to entering into this Agreement and at least
every five years thereafter to determine Owner’s continued compliance with Agreement.
7. Provision of Information of Compliance. Owner hereby agrees to furnish City with any and
all information requested by City, which City deems necessary or advisable to determine eligibility of
the Historic Property and compliance with the terms and provisions of this Agreement.
8. Breach of Agreement; Remedies.
A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this
Agreement, City may give written notice to Owner by registered or certified mail
detailing Owner’s violations. If such violation is not corrected to the reasonable
satisfaction of City 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 may, without further notice, declare
Owner to be in breach of this Agreement. Upon City’s declaration of Owner’s breach,
City may pursue any remedy available under local, state, or federal law, including
those specifically provided for in this section.
B. Remedy - Cancellation. City may cancel this Agreement if City determines, following
a duly noticed public hearing in accordance with Government Code section 50286,
that Owner breached any of the conditions of the Agreement, Owner allowed the
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 8
8
Historic Property to deteriorate to the point that it no longer meets the standards for
a qualified historic property, or 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, Owner shall pay a cancellation fee to the Office of
the Auditor for the County of Riverside as required by Government Code section
50286.
C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner’s
breach of any condition, City 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.
9. 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.
10. Waiver. City does not waive any claim of default by Owner if City 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 City of any breach or default under
this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default
hereunder.
11. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the
covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare
their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed
covenants running with the land and shall inure to and be binding upon 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, 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.
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 9
9
12. Covenants Run with the Land. City and Owner hereby declare their understanding and
intent that the burden of the covenants, reservations and restrictions set forth herein touch and
concern the land in that it restricts development of the Historic Property. City and 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 and the Owner.
13. 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 Desert
Building and Safety Division
73-510 Fred Waring Drive
Palm Desert, CA 92260
Owner: ____________________
_____________________
____________________
14. 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.
15. Indemnity of City. Owner shall defend, indemnify, and hold harmless 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 Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other
person; (ii) 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 Title 29 of the City’s
Municipal 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.
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 10
10
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 City, its elected
officials, employees, or agents.
16. 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.
17. 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.
18. 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 affected thereby.
19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this
Agreement to be recorded in the office of the County Recorder of the County of Riverside.
20. Amendments. This Agreement may be amended, in whole or in part, only by written
recorded instrument executed by the parties hereto.
21. 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.
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 11
11
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above
written.
Dated: _______________ CITY OF PALM DESERT
By ______________________
MAYOR
ATTEST:
By ________________________________
_______________________________
CITY OF PALM DESERT, CALIFORNIA
Dated: ________________
___________________________
Owner
Owner
APPROVED AS TO FORM
___
__________________
CITY ATTORNEY
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2
Resolution No. 2023-049 Page 12
12
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of ___________________ }
} SS.
County of __________________ }
On , ____ , before me,____________________, a Notary Public, personally
appeared__________________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the sa me in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DocuSign Envelope ID: CACAF2A2-4915-4877-980F-CAD458A6D7A2