HomeMy WebLinkAboutRes 2025-076RESOLUTION NO. 2025-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE
CITY AND THE OWNER OF THE PROPERTY LOCATED AT 73411
WILLOW STREET
CASE NOS. MILLS25-0002
WHEREAS, the City Council of the City of Palm Desert is authorized by California
Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenan ce, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council of the City of Palm Desert has adopted Resolution No.
9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as
an ongoing historic preservation program to promote the preservation, maintenance, and
rehabilitation of historic resources through financial incentives; and
WHEREAS, the City Council of the Palm Desert has designated this property as a
historic resource of the City of Palm Desert on June 12, 2025 pursuant to the policies in the
Title 29 of the Palm Desert Municipal Code; and
WHEREAS, Todd Blake Verwers and Mette Krebs Petersen are the owners of that
certain qualified real property, together with associated structures and improvement
thereon, located on Assessor’s Parcel Number 630-082-007, located at 73411 Willow
Street, in the City of Palm Desert, California; and
WHEREAS, the City and the Owners, for their mutual benefit, now desire to enter
into an agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character-defining features are preserved and maintained in an exemplary
manner, and repairs and improvements are completed as necess ary to carry out the
purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article
12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9,
Sec. 439 et. seq. of the Revenue and Taxation Co de; and
WHEREAS, the City Council conducted a meeting in the Council Chamber of City
Hall, 73510 Fred Waring Drive, Palm Desert, California, on December 11, 2025, for the
purpose of considering approval of the historic property preservation agreement, and has
duly considered all evidence and testimony of the applicant and interested parties, and the
evaluation and recommendation by staff, present at said hearing; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 2
a) Environmental Resources Element Program 6.9.4 and 6.9.5 states that the
City will require sites with significant cultural resources and structures to be
preserved.
b) The subject property, located at 73411 Willow Street, has been recognized as
a historic asset in the community by its designation as a Historic Landmark by
the City Council by Resolution No. 2025-038 on June 12, 2025. As such,
maintaining the structure will meet the City’s goals for historic preservation
listed in policies 6.9.4 and 6.9.5 of the Environmental Resources Element.
SECTION 2. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined in California Environmental Quality Act
Guidelines § 15378 and are not subject to environmental review.
SECTION 3. Historic Property Preservation Agreement Approved. The City Council
hereby approves the Mills Act Agreement between the City of Palm Desert and the Owner s
of the Historic Property Located at 73411 Willow Street, to be entered into by the City and
the property owners, Todd Blake Verwers and Mette Krebs Petersen.
SECTION 4. City Manager Authorized to Sign Agreement for City. The City Council
hereby authorizes the Community Development Director to execute said agreement on
behalf of the Council of the City of Palm Desert.
SECTION 5. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City’s office
at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk
of the City of Palm Desert is the custodian of the record of proceedings.
SECTION 6. Effective Date. This Resolution shall become effective immediately
upon its adoption.
ADOPTED ON DECEMBER 11, 2025.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-076 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 December 11, 2025, by the
following vote:
AYES: HARNIK, NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
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: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
12/22/2025
Resolution No. 2025-076 Page 4
Exhibit A
Recording Requested by: )
When Recorded Mail to: )
)
CITY OF PALM DESERT )
73-510 Fred Waring Drive
) Palm Desert, CA 92260 )
)
Attention: Cultural
Resources )
Administrator )
)
)
)
(Space above for Recorder’s Office)
HISTORIC PROPERTY PRESERVATION
AGREEMENT (“MILLS ACT CONTRACT”)
between
THE CITY OF PALM DESERT
a California municipal corporation
and
Todd Blake Verwers
and Mette Krebs Petersen
Owner(s) of the property located at
73411 Willow Street
APN 630-082-007
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 5
HISTORIC PROPERTY PRESERVATION AGREEMENT
(“MILLS ACT CONTRACT”)
This agreement (“Agreement”) is made this 11th day of December 2025, by and between
the City of Palm Desert, a California municipal corporation (“City”), and Todd Blake
Verwers and Mette Krebs Petersen (“Owners”).
RECITALS
1. California Government Code section 50280, et. seq. allow cities the discretion to
enter into contracts with the owners of qualified historic properties, as 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; and
2. Owner holds fee title to that certain real property, together with associated
structures and improvements thereon, generally located at 73411 Willow Street within
the City of Palm Desert, California (“Historic Property”). A legal description of the Historic
Property is attached hereto as Exhibit “A,” and incorporated herein by this reference; and
3. On June 12, 2025 the City Council designated the Historic Property as a historic
resource, pursuant to the terms and provisions of Title 29 of the Palm Desert Municipal
Code; and
4. City and Owners 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; and
5. Owners, 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
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 6
NOW, THEREFORE, the City and Owners, 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 December 11, 2025 (“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.
3. Nonrenewal. If either the Owners or City desires at any point 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 s upon City at least ninety (90)
days prior to the Renewal Date, or if served by City upon Owner s, the Notice of
Nonrenewal shall be effective, only if served upon Owner s at least sixty (60) days prior
to the Renewal Date. If either City or Owner s serves a Notice of Nonrenewal in any
year, this Agreement shall remain in effect for the balance of the remaining Agreement
term.
4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owners’
receipt of the Notice of Nonrenewal from the City, Owner s may file with the City a
written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the
City Council shall set a hearing prior to the expiration of the Renewal Date of this
Agreement. Owners may furnish to the City Council any information that Owner s
deems relevant, and shall furnish that which is requested or required by the City
Council. 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
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 7
restrictions:
A. Owners 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 the maintenance, use,
protection, and preservation of the Historic Property, which shall be
complied with by Owner at all times throughout the term of this
Agreement. In addition, Owners 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 and all applicable permits
necessary to protect, preserve, restore, and rehabilitate the Historic
Property, so as to maintain its historical and cultural significance.
B. Owners shall, where necessary, repair, maintain, restore, and
rehabilitate the Historic Property according to the rules and regulations
of both the Office of Historic Preservation of the State Department of
Parks and Recreation, and the City of Palm Desert. The condition of the
Historic Property’s exterior on the Effective Date of this Agreement is
documented in the photographs attached hereto as Exhibit “C” and
incorporated herein by this reference. At a minimum, Owners shall
continually maintain the exterior of the Historic Property in the same
condition as documented and depicted in Exhibit “C.”
C. Owners shall carry out specific restoration, repair, maintenance, and/or
rehabilitation projects on the Historic Property, as outlined in Exhibit “D,”
attached hereto and incorporated herein by this reference. All such
projects shall be undertaken and completed in accordance with both the
Secretary of Interior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, in addition to the City of Palm Desert’s
design guidelines.
D. Owners shall not be permitted to block the view corridor with any new
structure such as walls, fences or shrubbery, so as to prevent the view
of the Historic Property from the public right-of-way.
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 8
6. Periodic Examinations. Upon reasonable advance notice, Owner s shall
allow reasonable periodic examinations of the 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 the City, as may be necessary to
determine Owners’ compliance with the terms and provisions of this Agreement.
7. Provision of Information of Compliance. Owners hereby agrees to furnish
City with any and all information requested by the City, which the 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 Owners breaches any provision
of this Agreement, City may give written notice to Owner s by registered
or certified mail, detailing Owners’ 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
Owners to be in breach of this Agreement. Upon City’s declaration of
Owners’ breach of this Agreement, City may pursue any and all
remedies available pursuant to local, state, or federal law, including
those specifically provided for in this section.
B. Remedy - Termination. City may terminate this Agreement, if the City
determines, following a duly noticed public hearing in accordance with
Government Code section 50286, that: 1.) Owner breached any of the
conditions of this Agreement; 2.) Owners allowed the Historic Property
to deteriorate to the point that it no longer meets the standards for a
qualified historic property or; 3.) Owners failed to maintain and preserve
the Historic Property in accordance with the terms of this Agreement. If
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 9
this Agreement is terminated pursuant to this paragraph, Owner s 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 termination 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; Termination. 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 terminated, because
the historic value of the structure will have been deemed 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 Agreeme nt, this
Agreement shall be terminated. No cancellation fee pursuant to Government Code
section 50286 shall be imposed if the Agreement is terminated, pursuant to this
Section.
10. Waiver. City does not waive any claim of default by Owners, if City does not
enforce or terminate 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 breach 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. Owners 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 covenan ts running with the land and shall
inure to and be binding upon Owner’s successors and assigns in title or interest to the
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 10
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 set forth in this Agreement, deed, or other
instrument.
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
Department of Development
Services 73-510 Fred Waring
Drive
Palm Desert, CA 92260
Owner(s):Todd Blake Verwers
and Mette Krebs Petersen
73411 Willow Street
Palm Desert, CA 92260
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 or 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.
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 11
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. 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 acquir ing 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
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 12
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.
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. Owner shall provide written notice of the contract to the State
Office of Historic Preservation within six (6) months of entering into the contract.
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 th e parties hereby waive all
provisions of law providing for a change of venue in such proceedings to any other
county.
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 13
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and
year first above written.
Dated: CITY OF PALM DESERT
By
ATTESTED TO:
By
Dated: _____________________ Owner
,Owner
,Owner
APPROVED AS TO FORM
City Attorney
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 14
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 CALIFORNIA )
)ss
COUNTY OF RIVERSIDE )
On , before me, , the
undersigned, a notary public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Notary Signature
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 15
EXHIBIT A
PROPERTY DESCRIPTION
Real property in the City of Palm Desert, County of Riverside, State of California,
described as follows:
Lot 73 of Palm Desert Unit No. 10, in the City of Palm Desert, County of Riverside, State
of California, as shown by Map on file in Book 33, Page(s) 99 and 100 of Maps, in the
County Recorder of said County, California.
APN: 630-082-007
Also known as: 73411 Willow Street, Palm Desert, CA 92260
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 16
EXHIBIT B
MINIMUM STANDARDS AND CONDITIONS FOR
MAINTENANCE, USE, PROTECTION, AND PRESERVATION
OF HISTORIC PROPERTY
1. The Historic District Property shall comply with all regulations of Title 8 and Title 9
of the Palm Desert Municipal Code, including the definition of “Good Repair” as
outlined in Section 29.20 and 29.60.160;
2. The Historic Property shall continue to be maintained in a manner consistent with
the level of maintenance that has customarily been employed at the property and
consistent with the typical condominium development in the Palm Desert Area.
3. The Historic Property shall not have non-operational vehicles or portions of them
in public view.
4. The Historic Property Shall not have stagnant or standing water.
5. The Historic Property Shall not have overgrown or decaying landscaping. All
landscape features should be maintained including, but not limited to, grass, trees,
and any plantings.
6. The Historic Property shall prominently display and properly maintain its City
Landmark plaque.
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 17
EXHIBIT C
EXTERIOR PHOTOGRAPHS OF HISTORIC PROPERTY
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 18
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 19
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 20
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 21
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 22
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-076 Page 23
EXHIBIT D
PENDING AND REQUIRED PROJECTS FOR HISTORIC PROPERTY
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C