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2025 - 51407 Velasco (Avenida) Chanco & Paganelli - Historic Preservation AgmtDOC # 2025-0229922 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta Attn: City Clerk La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 07/29/2025 10:47 AM Fees: $0.00 Page 1 of 19 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: ALEJANDRA#1032 Space Above This Line For Recorder's Use (Exempt from Recording Fee per Government Code Sections 6103 and 27383) HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT" CONTRACT) This HISTORIC PRESERVATION AGREEMENT ("Agreement") is made pursuant to California Government Code section 50280 et seq., commonly known as the "Mills Act," and entered into this 15 day of July , 20 25("Effective Date"), by and between the CITY OF LA QUINTA, an California municipal corporation and charter city ("City"), and Michael Paganelli, a Single Man and Michael Chanco, a Single Man as Joint Tenants ("Owner"), for the maintenance and preservation of the real property located in the City of La Quinta, California, more specifically described in this Agreement. The City and Owner are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. WHEREAS, Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 51407 Avenida Velasco La Quinta, California, and more particular described in the legal description attached hereto as Exhibit A and incorporated herein by this reference ("Historical Property"); and B. WHEREAS, the Mills Act authorizes the City to enter a contract with the owner of a historical property for a minimum of ten (10) years for the purpose of preserving the unique character; and C. WHEREAS, in accordance with La Quinta Municipal Code Section 7.06.030, on December 3, 2024 (the "Historic Designation Date"), the La Quinta City Council ("City Council") adopted Resolution No. 2024-045 attached hereto as Exhibit B and incorporated herein by this reference (the "Historic Designation Resolution"), Based on the supporting documents and materials presented to the City Council, the adoption of the Historic Designation Resolution designated the Historical Property as a historical or architecturally significant resource pursuant to the applicable provisions in Title 7 of the La Quinta Municipal Code ("LQMC"), making DOC #2025-0229922 Page 2 of 19 it a "qualified historical property" for the purposes of the Mills Act (Gov. Code, § 50280.1(b); and D. WHEREAS, City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historical Property that help provide the community with its unique civic identity and character; and E. WHEREAS, in consideration for abiding by the terms of this Agreement, and, pursuant to the provisions of California Revenue and Taxation Code section 439.2 et seq., Owner shall be entitled to qualify for a reassessment of valuation of the Historical Property and any corresponding adjustment in property taxes resulting therefrom, in accordance with applicable state law. TERMS NOW, THEREFORE, the City and Owner, in consideration of and subject to the mutual covenants and conditions contained herein, including the foregoing recitals that are a substantive part of this Agreement and incorporated herein, do hereby agree as follows: SECTION 1. TERM. 1. Term. The term of this Agreement shall remain in effect for ten (10) years from the Effective Date. SECTION 2. YEARLY RENEWAL. 2. Yearly Renewal. On the anniversary date of the Effective Date ("Renewal Date"), an additional one (1) year shall be added automatically to the term of the Agreement, unless a Notice of Nonrenewal is provided pursuant to Section 2.1. 2.1. Nonrenewal. If either the City or Owner decides to not renew the Agreement, they must provide the other party a written Notice of Nonrenewal prior to the Renewal Date. Notice must be served by the Owner upon the City within ninety (90) days prior to the Renewal Date or by the City upon the Owner within sixty (60) days prior to the Renewal Date; otherwise, one (1) year shall be added to the term of the Agreement. Once a Notice of Nonrenewal is filed, the Agreement shall remain in effect for the balance of the period remaining in the term. 2.2.Owner Protest. Upon receipt of a Notice of Nonrenewal from the City, within fifteen (15) days, the Owner may submit a written protest of the Notice of Nonrenewal. The City may withdraw a Notice of Nonrenewal at any time prior to the Renewal Date. 2 DOC #2025-0229922 Page 3 of 19 SECTION 3. STANDARDS FOR PRESERVATION OF HISTORICAL PROPERTY. 3. Standards for Preservation of Historical Property. During the term of this Agreement, the Historical Property shall be subject to the following conditions, requirements, and restrictions: 3.1. Throughout the term of this Agreement, Owner shall preserve and maintain the culturally and historically significant characteristics of the Historical Property as determined by the City Council and memorialized in the Historic Designation Resolution and the supporting documents and materials presented to the City Council in connection with the adoption of the Historic Designation Resolution. Additionally, Owner shall comply with the provisions in Title 7 of the LQMC 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. 3.2.Owner shall preserve, restore, and/or rehabilitate the Historical Property in accordance with the minimum standards and conditions under the applicable rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and any rules and regulations adopted or established by the City regarding the restoration and rehabilitation of historical properties. SECTION 4. INSPECTION. 4. Inspection. In order to comply with the Mills Act (Gov. Code, § 50282(a)), every five (5) years from the Effective Date of the Agreement, the City shall have the right to inspect the interior and exterior of the Historical Property to ensure the Owner's continued compliance with the Agreement. Owner shall allow reasonable periodic inspections of the Historical Property as may be necessary for the City to determine compliance with the terms and provisions of this Agreement. SECTION 5. PROVISION OF INFORMATION FOR COMPLIANCE. 5. Provision of Information for Compliance. Owner shall provide to the City any information that the City deems necessary or advisable to determine the Historical Property's continued eligibility. SECTION 6. BREACH BY OWNER. 6. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may deliver written notice to Owner, pursuant to Section 13 of this Agreement, detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of the notice of violation, or within such a reasonable time as may be required to cure the violation DOC #2025-0229922 Page 4 of 19 (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion within ninety (90) days thereafter), 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. 6.1. Cancellation. Upon finding that Owner has breached any of the conditions of the Agreement or has allowed the Historical Property to deteriorate such that it no longer meets the standards for a qualified historical property, the City may cancel the Agreement or bring an action in court to enforce the Agreement. If such cancellation occurs, the City will assess a penalty of 12.5% of the pre -Mills Act valuation in accordance with the Mills Act (Gov. Code, § 50286). The City may initiate cancellation only if a breach of contract occurs. Upon cancellation by either party, the property taxes shall be assessed to the level they would have but for the Mills Act Contract. Prior to any cancellation of this Agreement, the City shall follow applicable provisions in the Mills Act and the procedures in Title 7 of the LQMC for de -designation of a historic landmark, which shall at a minimum include notice of and holding a public hearing. 6.2. Alternative Remedies. In lieu of cancellation of the Agreement for breach, a landowner that is a party to the Agreement may bring an action in court to enforce the Agreement, including but not limited to an action for specific performance or injunction. SECTION 7. DESTRUCTION OF PROPERTY. 7. Destruction of Property. If more than sixty percent (60%) of the original structure(s) and/or improvements that supported the designation of a historic landmark on the Historical Property must be replaced due to earthquake, fire, flood, or other natural disaster, this Agreement shall be subject to cancellation because the historical value of the structure will have been destroyed. Prior to any cancellation of this Agreement, the City shall follow applicable provisions in the Mills Act and the procedures in Title 7 of the LQMC for de -designation of a historic landmark, which shall at a minimum include notice of and holding a public hearing. SECTION 8. EMINENT DOMAIN; CANCELLATION. Eminent Domain; Cancellation. If the Historical 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 City determines that the acquisition frustrates the purpose of the Agreement, the Agreement shall be subject to cancellation. Prior to any cancellation of this Agreement based on the provisions in this Section 7, the City shall follow applicable provisions in the Mills Act and the procedures in Title 7 of the LQMC for de -designation of a historic landmark, which shall at a minimum include notice of and holding a public hearing. If this Agreement is cancelled pursuant to this Section 8, no fee pursuant to Section 6.1 of this Agreement and Government Code 4 DOC #2025-0229922 Page 5 of 19 Section 50286 shall be imposed unless otherwise required to be paid pursuant to state or federal law (or judicial or governmental agency order issued pursuant thereto). SECTION 9. WAIVER. 9. 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 historical 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. SECTION 10. BINDING EFFECT OF AGREEMENT 10. Binding Effect of Agreement. Owner hereby subjects the Historical 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 Historical Property. Each and every contract, deed, or other instrument herein after executed, covering, or conveying the Historical 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. SECTION 11. COVENANTS RUN WITH THE LAND 11. 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 the use and development of the Historical 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 Historical Property for the benefit of the public and Owner. 11.1. Binding on Owner and Successor and Assiqns. The Historic Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth in this Agreement. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Historic Property and shall be binding upon Owner and all persons having any right, title or interest in the Historic Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical 5 DOC #2025-0229922 Page 6 of 19 classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Historic Property in accordance with the provisions of Civil Code Section 1468. 11.2. City as Beneficiary of Covenants. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Owner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Owner's interest in the Historic Property is rendered less valuable thereby. Owner hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Historic Property as a historic resource within the City and furthering the City's interest in historic preservation for the benefit of the City's residents and visitors and general welfare. SECTION 12. RECORDATION. 12. Signatures and Recordation. No later than ten (10) days after the approval by the City Council of this Agreement, Owner shall fully execute and have notarized this Agreement, and deliver the original to the City Clerk's Office for execution by the City. No later than thirty (30) days after (i) receipt of this Agreement signed and notarized by Owner or (ii) the Effective Date of this Agreement, whichever is later, the City Clerk shall record or cause to be recorded the Agreement in the Official Records for Riverside County, California ("Recorder's Office"), and shall provide Owner with a conformed copy of the recorded Agreement. In the event this Agreement is cancelled pursuant to the terms and conditions of this Agreement, the City shall execute and record, without the need for countersignature by the Owner, a "Notice of Contract Cancellation" in the Recorder's Office within thirty (30) days of such cancellation, and the City shall provide Owner with a conformed copy of the recorded Notice of Contract Cancellation. SECTION 13. NOTICE. 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 in writing and recorded as an 101 DOC #2025-0229922 Page 7 of 19 amendment to this Agreement. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) five (5) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Fed Ex), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider. All notices shall be addressed as follows: City: City of La Quinta Attn: City Clerk 78495 Calle Tampico La Quinta, CA 92253 Copy to: Rutan & Tucker, LLP Attn: William H. Ihrke, Esq. 18575 Jamboree Road, 9th Floor Irvine, CA 92612 Owner: Michael Paganelli and Michael Chanco 51407 Avenida Velasco La Quinta, CA 92253 SECTION 14. EFFECT OF AGREEMENT. 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. SECTION 15. INDEMNITY OF CITY. 15. Indemnity of City. Owner shall defend (with legal counsel of City's choosing), 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, development, operation, or maintenance of the Historical Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person, whether such use is pursuant to this Agreement or not; (ii) Owner's activities (whether personal, business, social, or otherwise) in, on, over, under, and around, or otherwise in connection with, the Historical Property; (iii) any effect, whether financial or otherwise, the designation DOC #2025-0229922 Page 8 of 19 of the Historic Property as a historic resource and/or this Agreement (including the recording of this Agreement) may have on any interest to the Historic Property held by any third party, including but not limited to any effect on (A) any secured interest, mortgage, deed of trust, and/or fixture filing a third party may hold as security for payment of a debt or obligation, and/or (B) any easement, restrictive covenant, equitable servitude, or other real property interest in the Historic Property held by a third party pertaining to a right or ability to use (or limit the use of) the Historic Property; and (iv) any restrictions on the use or development of the Historical Property based on the application, implementation, and/or enforcement of Title 7 of the LQMC and/or this Agreement. This indemnification for the benefit of the City shall be construed broadly and 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, including expenses and costs on appeal. 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. SECTION 16. LEGAL COSTS. 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, including fees incurred on appeal, to be fixed by the court, in addition to court costs and other relief ordered by the court. SECTION 17. SEVERABILITY. 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. SECTION 18. FURTHER ACTIONS AND INSTRUMENTS. 18. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with notarization or affidavit if reasonably required, and file or record any required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement. City hereby authorizes the La Quinta City Manager ("City Manager") to execute this Agreement on behalf of the City and to take such other actions and negotiate and execute any additional agreements, documents, 0 DOC #2025-0229922 Page 9 of 19 and instruments, as may be necessary or proper to fulfill the intent of the Parties under this Agreement and to fulfill any of the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. SECTION 19. AMENDMENTS. 19. Amendments. This Agreement may be amended, in whole or in part, only by written instrument executed by the Parties hereto and recorded in the Recorder's Office no later than thirty (30) days after said amendment has been fully executed and notarized by the Parties. This Section 19 shall not apply to any Notice of Contract Cancellation recorded after this Agreement has been cancelled, as provided herein. SECTION 20. GOVERNING LAW AND VENUE. 20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to conflict of law principles. 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. SECTION 21. COUNTERPARTS. 21. Counterparts. This Agreement may be executed in two or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall, together, constitute and shall be one and the same instrument. This Agreement shall not be effective until the execution and delivery by the Parties of at least one set of counterparts. The Parties hereunder authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. W DOC #2025-0229922 Page 10 of 19 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. ATTEST: SIGNED IN COUNTERPART Monika Radeva, City Clerk APPROVED AS TO FORM: SIGNED IN COUNTERPART William H. Ihrke, City Attorney "Owner" Michael Paganelli, a Single Man and Michael Chanco, a Single Man as Joint Tenants _--.7 _," By: Michael Paganelli, a Single -an By: - Michael Chanco, a Single Man "City" CITY OF LA QUINTA, a California municipal corporation and charter city By: 10_1 SIGNED IN COUNTERPART Jon McMillen, City Manager DOC #2025-0229922 Page 11 of 19 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. "Owner" Michael Paganelli, a Single Man and Michael Chanco, a Single Man as Joint Tenants M SIGNED IN COUNTERPART Michael Paganelli, a Single Man By: SIGNED IN COUNTERPART Michael Chanco, a Single Man "City" CITY OF LA QUINTA, a California municipal corporation and charter city By: Jo cMillen, City Manager ATTEST: Monika Radeva, City Jerk APPROVED AS TO FORM: r � , William H. Ihrke, City Attorney 10—�, DOC #2025-0229922 Page 12 of 19 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 NOTARY ACKNOWLEDGMENT STATE OF CA COUNTY OF San Diego ) On July 28, 2025 , before me, Ash Nickle Notary Public, personally appeared Michael Chanco who proved to me on the basis of satisfactory evidence to be the persor4a) whose name(sTis/ace--subscribed to the within instrument and acknowledged to me that he/sheA44Q c executed the same in his/hefthsir authorized capacity(fesj, and that by his/heytheir signature(st on the instrument the person 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. (Seal) WITNESS my hand and official seal. l Signature LASN tE '9 NOT KOU ORMn �03 20N DOC #2025-0229922 Page 13 of 19 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 NOTARY ACKNOWLEDGMENT STATE OF CA COUNTY OF San Diego ) On July 28, 2025 , before me, Ash Nickle Notary Public, personally appeared Michael Paganelli who proved to me on the basis of satisfactory evidence to be the person(e) whose namej5Tis/aFe—subscribed to the within instrument and acknowledged to me that he/shef 4Qy. executed the same in his/herkfteir authorized capacity(iesj; and that by his/herftl°reir signatures} on the instrument the personfFy or the entity upon behalf of which the person(sracted, 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. (Seal) WITNESS my hand and official seal. Signature ASH MCKLE CO M-82SOMI MOTARYPUBLR, •CC —FOR- M UN D*W Jen0 3 2029 DOC #2025-0229922 Page 14 of 19 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 NOTARY ACKNOWLEDGMENT STATE OF California COUNTY OF Riverside ) On Jvl y IT., , before me, Oscar Mojica Notary Public, personally appeared Jon McMillen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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 (Seal) .� OSCAR MOJICA Notary Public • CalHornia Riverside Count Commission ✓< 2461871 `+ . •� My Comm. Expires Sep 1, 2027 DOC #2025-0229922 Page 15 of 19 EXHIBIT A Legal Description of the Historic Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIAAND IS DESCRIBED AS FOLLOWS: LOT 9 AND 10 BLOCK 64 OF SANTA CARMELITAAT VALE LA QUINTA UNIT 6, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGE(S) 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DOC #2025-0229922 Page 16 of 19 EXHIBIT B Historic Designation Resolution [ attached ] DOC #2025-0229922 Page 17 of 19 EXHIBIT B RESOLUTION NO. 2024 — 045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A LANDMARK DESIGNATION FOR 51407 AVENIDA VELASCO, LOCATED WEST OF AVENIDA VELASCO BETWEEN AVENIDA MONTEZUMA AND CALLE HIDALGO CASE NUMBERS: LANDMARK DESIGNATION 2024-0001 APPLICANT: MICHAEL CHANCO AND MICHAEL PAGANELLI WHEREAS, the City Council of the City of La Quinta, California, did, on December 3, 2024, hold a duly noticed Public Hearing to consider a request by Michael Chanco and Michael Paganelli for approval of a Landmark Designation for a single-family home located at 51407 Avenida Velasco, more particularly described as: Assessor Parcel Number 773-085-021 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on November 12, 2024, hold a duly noticed Public Hearing to consider this request and recommended approval of the Landmark Designation; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 22, 2024, as prescribed by the Municipal Code; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following criteria prescribed by the Municipal Code 7.06.020 to justify approval of said Landmark Designation: 1. The property meets Criterion C and embodies distinctive characteristics of a style, type, period, or method of construction, is a valuable example of the use of indigenous materials or craftsmanship and is representative of the first subdivision of the Cove by E. S. 'Harry' Kiener who formed the Palm Springs — La Quinta Development Company. Although there have been additions to the residence, these additions are consistent with the Spanish Revival architectural style, and the integrity of the original features and building elements are intact and preserved. DOC #2025-0229922 Page 18 of 19 Resolution No. 2024-045 Project: Landmark Designation 2024-0001 Location: 51407 Avenida Velasco Landmark Designation Adopted: December 3, 2024 Page 2 of 3 Distinctive physical characteristics and features: • Spanish Colonial Revival style architecture • Original "L" shape portion • The front door in the original "Z" style • The latch and window of the front door • Gable roof with exposed beams • Original Entry Bell • Casement windows • Spanish Revival color palette NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the above project is exempt from California Environmental Quality Act review pursuant to Section 15301, Class 1 Existing Facilities, as this project includes no expansion of the use. SECTION 3. That the City Council hereby does approve Landmark Designation 2024-0001 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2024, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pei1a, Sanchez, and Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California DOC #2025-0229922 Page 19 of 19 Resolution No. 2024-045 Project: Landmark Designation 2024-0001 Locabon: 51407 Avenida Velasco Landmark Designation Adopted: December 3, 2024 Page 3 of 3 ATTEST: P41�44 MONIKA RA VA, Ofity Clerk City of La Quinta, California APPROVED AS TO FORM: '71:::�=y WILLIAM H. 44r,erk City of La Quinta, California CONSENT CALENDAR ITEM NO. 3 City of La Quinta CITY COUNCIL MEETIN( July 15, 2025 STAFF REPORT AGENDA TITLF-: APPROVE HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO THE MILLS ACT FOR DESIGNATED HISTORIC LANDMARK PROPERTY LOCATED AT 51407 AVENIDA VELASCO; CASE NO. MLLS2025-0001 RECOMMENDATION Approve a Historic Property Preservation Agreement pursuant to the Mills Act for a designated landmark property located at 51407 Avenida Velasco, Case No. MLLS2025- 0001; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The applicants, Michael Chanco and Michael Paganelli, wish to execute a Historic Property Preservation Agreement with the City, pursuant to the Mills Act, for their residence at 51407 Avenida Velasco, which is a designated historic landmark property (Attachment 1). FISCAL IMPACT Mills Act participants may realize property tax savings each year for their properties because the Riverside County Assessor's office will assess the property using a formula based on the property's income -generating potential (the "income approach") rather than its market value. The County Assessor then compares this restricted value to the current market value and the factored base year value, also known as the "Proposition 13" value. The lowest of the three values is used for the property tax bill. Given that the City's share of property taxes is relatively low, staff is estimating a negligible impact on General Fund revenues as a result of this property executing an agreement pursuant to the Mills Act. BACKGROUND ANALYSIS The purpose and intent of historic preservation in La Quinta is to affect the protection, enhancement, and perpetuation of historic resources and landmarks that represent or reflect elements of the City's diverse cultural, social, economic, political, and architectural history. Pursuant to California Government Code Sections 50280 — 50290, the City may contract with the owner or agent of any qualified historic property to restrict the use of the property to carry out the purposes and goals of historic preservation. This is commonly known as a Mills Act agreement and provides possible alternative property tax rate calculations in 15 exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics. A property must be a designated historic landmark in order to enter a Mills Act agreement. In March 2025, Council adopted Ordinance No. 621 adding Chapter 7.09 to the La Quinta Municipal Code establishing regulations regarding Mills Act Contracts. Applications for Mills Act Contracts must demonstrate the following: 1. The property is particularly significant due to its historic integrity, location, or other attributes. 2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property. 3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources and landmark properties. In June 2025, the applicants filed an application requesting to enter into a Mills Act agreement with the City (Attachment 2). The subject property was designated as a local historic landmark in December 2024. The applicants have submitted a work plan for the subject property to continue the preservation of it as a landmark (Attachment 3). The draft agreement is included as Attachment 4, which is for a 10-year term, and renews automatically each year after that. The agreement runs with the land, meaning that if the ownership changes, the agreement stays with the property. The property is subject to inspection every 5 years to ensure compliance with the agreement. ALTERNATIVES Council may approve the agreement as presented, approve it with conditions, or deny the proposed agreement. Prepared by: Cheri Flores, Interim Design and Development Director Approved by: Jon McMillen, City Manager Attachments: 1. Vicinity Map 2. Mills Act Request Letter 3. Work Plan 4. Historic Property Preservation Agreement 16 Vicinity Map ATTACHMENT 1 J 17 ATTACHMENT 2 DATE June 15, 2025 FROM Michael Chanco & Michael Pagane!li TO. City of La Quinta SUBJ Mills Act Contract Submission - 51407 Avenida Velasco Please find this letter in addition to our previously submitted city application as a formal request for Mills Act Contract consideration. Subject property Address 51407 Avenida Velasco APN. 773085021 Date of Purchase May 24, 2024 Use of Property. Private residence Date of Landmark Designation; December 3, 2024 Per Application Submittal Requirements please find attached to this letter the following Legal Description Grant Deed Site Plan. Exterior photos NOTE Property Imorovement Plan has been submitted to the City under separate cover Please let us know if there is any additional information required Thank you. Michael Chanco Property Owner y �s 2s Michael Paganelli Property Owner 18 RECORDING REQUESTED BY: Fide-ity National I tie WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENTS TO: Michael Paganelli and Michael Chanco 51407 Avenida Velasco La Quetta, CA 92253 THIS SPACE FOR RECORDER'S USE ONLY Title Order No.: 1500-2405830 Escrow No.: 003609-AB AP#: 773-085-021 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) -Te A C) Z- / DOCUMENTARY TRANSFER TAX is $1,028.50 [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale [ ] Unincorporated area [X] City of La Quinta AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Yangzom Brauen, Trustee of the Mola Family Trust, dated August 11, 2022 hereby GRANT(s) to Michael Paganelli, a Single Man and Michael Chanco, a Single Man as Joint Tenants the real property in the City of La Quinta, County of Riverside, State of California, described as. LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF Also Known as: 51407 Avenida Velasco, La Quinta CA 92253 DATED: May 11, 2024 MAIL TAX STATEMENTS AS DIRECTED ABOVE Signature Page attached hereto and made a part hereof 19 Title Order No.: 1500-2405830 Escrow No.: 003609-AB AP#: 773-085-021 SIGNATURE PAGE Title of Document: GRANT DEED Date of Document: May 11, 2024 Yangzom Brauen, Trustee of the Mola Family Trust. dated Auoust 11. 2022 By ra Ya-(,q z0rC-, p, rave, Tt'J �"� ACKNOWLEDGMENT 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 COUNTY OF On ,/I817-"-z-q before me IZ cL . -, N ,t 1-k4.J Af C v T r"C, A Notary,/Publ� personally appeared C cA- VA q 1-0 w, (� r c�y. e- V'I 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 helshelthey executed the same in hislherltheir 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 Ryan Ivtalthew NIWUuffie 0 N = COMM. 2379110 p a: : M �r t4OTARe PtJeLIC • CAL'FOWA to i Los "ELES COLNm a �M� Comm E*Ies OA. 19.2025 (Seal) }p.�ccnc.scT'fc 20 EXHIBIT A Legal Description For APN/Parcel ID(s): 773-085-021 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 AND 10 BLOCK 64 OF SANTA CARMELITA AT VALE LA QUINTA UNIT 6, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGE(S) 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 21 51407 AVENIDA VELASCO LA QUINTA CA 92253 Assessor - County Clerk - Recorder Riverside County, CA Property Detail Assessment No. APN Property Type Neighborhood Acreage 773085021 773085021 Single Family Dwelling IN7400 0.22 Legal Description OTS 9 & 10 BLK 64 MB 018/067 SANTA CARMELITA VALE LA QUINTA UNIT 6 Lot 9 Block 64 Subdivision Name SANTA CARMELITA VALE LA QUINTA UNIT 6 LotType Lc RecMapType Map Book MapPlatB 018 MapPlatP 067 Lot 10 LotType Lot 22 8053333608 SKETCH ADDENDUM File# 51407AveVelasco Borrower/Client Paganelli, Michael & Chanco, Michael Property Address 51407 Avenida Velasco City La Quinta County Riverside State CA Zip Code 92253 Lender Navy Federal Credit Union Cov*d Patio :S Cov'd Ortwng Pat, Room 1 ?' KrtclNn 8fdroom L,v,nq :.r ROC - Dan 5 +•ox Area Calculations Summary Living Area CakuLltlon DGWIS First poor 1818.8 SQ R 25 x 11.8 - 295 38.8 x 6 - 232.8 18 x 17.6 - 316.8 22.2 x 32 - 710A 13.4 x 19.6 - 262.6 0.1 x 9.1 - 0.9 0.5 x 0.1 x 4.3 - 0.2 Total Living Area (Rounded): 1819 Sq it 23 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT -SPLIT OR BUILDING SITE ORDINANCES. u W 'a '{'rr F� k. iL a � F p a ASSESSOR'S MAP BK773 PG. 08 Riverside County, Calif. LOT C M arrodrig S 1/2 OF SEC. 1 T.6S, R.6E CITY OF LA QUINTA 0 M AVENIDA S.6 0 310 79.96 80.04 4, N 24 25 13 1 M 100 100 30 30 I 0 23 26 14 2 o N W 22 03 15 3 0 o TRA 020-016 Q 0 N 21 04 16 4 0 Z O N� 20 05 17 5 I.L V 19 06 18 6 LL 18 07 19 7 w 16- 67 17 08 20 8 Q 16 09 21 9 0 W 15 1 p 22 10 W Q Q 14 11 23 11 30 30 100 100 30 30 m v � M 12 24 13 12 <c Ix 31-,?, 80.04 79.96 CALLE Data 25-B-17 25-13-18 A, B, C 25-5-90 G.L.O. VAC#191658 5/13/1998 VAC#250565 7/17/1997 VAC#0178652 6/22/2023 LOT A c3�� 0.5 79.96 24 01 80.04 25 1 0 100 2 100 23 02 TRA 0 0-016 22 03 0 15 3 0 21 04 0 16 4 20 05 17 5 TRA 020-016 19 06 a 18 6 189 1 g 7 17 OS 20 8 RA 020-016 16 09 (21)EX 159 22 10 TRA 020-016 14 26 S 23 11 0 100 13 N 100 m 24 12 N <` 31.38 80.04 79.96 ,3" h5 Pg 06 Pg 05 jPg04 Pg 08 Pg 09 Pg 12 Pg 13 LOT A O J J Z W 30 30 3� A5 79.96 24 25 80.04 13 1 ?oe N TRA 020-016 100 23 02 100 2 TRA 020-016 26 3 22 03 21 04 16 4 TRA 020-016 20 05 0 O 17 5 19 06 0 18 6 TRA 020-016 18 07 5 19 7 17 08 20 8 16 09 21 9 TRA 020-016 15 10 0 04 22 10 14 11 27 11 0 100 m 12 N 6 79.96 0 100 o M 13 12 <`373 80.04 30 30 LU W U i— O J 0 W Q 30 30 TRA 020-016 020-017 020-021 020-104 020-143 0 M MONTEZUMA S6 0 `O 79.96 2 4 01 80.04 C�� 13 1 TRA 20-016 100 23 02 100 14 2 22 03 15 3 21 04 16 4 20 05 17 5 19 06 18 6 TRA 020-016 18 07 19 7 17 pg 20 8 TR 16 pg 21 9 10 15 10 TRA 14 11 23 11 a 100 100 o M 13 12 TRA 020-016 24 12 " '38 80.04 79.96 Map Reference MB 18/55 - 56 SANTA CARMELITA AT VALE LA QUINTA NO. 2 MB 18/67 SANTA CARMELITA AT VALE LA QUINTA NO. 6 30 30 W E 30 30 S.6 773 - 08 25-58 N W E S 1 100 Legend Legend Lot Lines Right -Of -Way Old Lot Lines Reference R.O.W • - - - Other Easements • • • • • Lease Area Subdivision Tic Mark S.5 0 HIDALGO M _ Date Old Number New Number 7/1/1974 084-14,15 26 7/1/1976 081-801 18 11/1/1977 084-23,24 27 2/1/1983 081-15,16 19 11/1/1988 083-13,14 25 7/1/1989 081-12,13 20 11/1/1992 083-11,12 26 12/1/1997 081-02 21 2/1/1999 081-14 22 5/1/2003 081-08,09 23 2/1 /2021 082-01 25 2/1/2021 082-02 26 9/7/2022 081-05,06 24 9126/2023 081-24 24 Jan 2024 For ► W-4 11 FAt ATTACHMENT 3 51407 Avenida Velasco Completed Restoration/Modernization Work Timeline Work Approximate Cost 6/29/24 Garage Door Automation $730 7/29/24 Weatherstripping 5 Exterior Doors & 2 Garage Doors $975 9/9/2024 Addition of Two Outlets (Bedroom and Sunroom) $450 9/14/24 Installation of vent fan in bathroom $2,364 10/2024 Driveway Gate Automation $8,938 03/2025 Installation/Restoration of Primary Bathroom Door $500 Total: $13,957 Page 1 of 3 27 51407 Avenida Velasco Proposed Restoration Plan Contract Year Scope of Work Estimated Cost Year 1 Historic Landmark Designation Plaque $550 Year 1 Remove two trees in the front yard that have root systems that are $1300 next to the casita/may affect the foundation $514 ($150 Door, $164 Hardware, Year 2 Replace Interior Door 1 w/3-Panel Vintage Door/Hardware $200 Door Restoration/Painting) $514 ($150 Door, $164 Hardware, Year 2 Replace Interior Door 2 w/3-Panel Vintage Door/Hardware $200 Door Restoration/Painting) $514 ($150 Door, $164 Hardware, Year 2 Replace Interior Door 3 w/3-Panel Vintage Door/Hardware $200 Door Restoration/Painting) Year 2 Plumbing (replace flex plumbing with hard walled plumbing in guest $350 bath) Year 2 Replace 4 Outlets with GCFI Outlets $800 Year 2 Replace modern bathroom faucet w/period appropriate faucet $800 Year 2 Fill gaps in perimeter wall/paint $500 Year 3 Termite/Wood Repair $1600 (see estimate below) Page 2 of 3 28 51407 Avenida Velasco Year 4 Add Period Appropriate Shutters to Primary Window $600 Year 5 Electrical Panel Work (Replace Main Circuit Breaker and Ground Wiring) $1500 Year 8 Repaint Exterior (If needed) $8500 Year 10 Replace modern kitchen faucet w/period appropriate faucet $3500 Year 10 Replace entry light switches (6) with period appropriate switches $1800 Total: $23,342 Page 3 of 3 29