HomeMy WebLinkAbout2026 Diaz (Avenida) 51495 Lemborn & Lindemann - Historic Preservation AgrrRECORDING 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
DOC # 2026-0069449
03/06/2026 02:24 PM 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: ELENA #448
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 3rd day of March 2026 ("Effective Date"), by and between the CITY
OF LA QUINTA, an California municipal corporation and charter city ("City"), and Ulla E.
Lemborn and Robert A. Lindemann Trustees of the Lembo rn-Lindemann Trust dated
April 25, 2002 ("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 51495 Avenida Diaz, La Quinta, California, and more particularly
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
April 15, 2025 (the "Historic Designation Date"), the La Quinta City Council ("City
Council") adopted Resolution No. 2025-0010 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
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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. The Owner has provided a work plan covering activities that will
preserve and enhance the Historical Property attached hereto as Exhibit C; 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 the 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.
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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
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(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.
8. 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
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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 Assigns. 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
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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
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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: The Lemborn-Lindemann Trust dated April 25,
2002
51495 Avenida Diaz
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,
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the Historical Property; (iii) any effect, whether financial or otherwise, the designation
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. FurtherActions 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
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DOC #2026-0069449 Page 9 of 19
such other actions and negotiate and execute any additional agreements, documents,
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.
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IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day
and year first above written.
"Owner'
Ulla E. Lemborn and Robert A.
Lindemann, Trustees of the Lemborn-
Lindemann Trust dated April 25, 2002
By: G� 7
Ulla E. Lemborn
By:
Robert A. Lindemann
"C ity"
CITY OF LA QUINTA, a California
municipal corporation and charter city
By:
Jen- cMillen, City Manager
ATTEST:
Monika Radeva, City Irk
William H. Ihrke, City Attorney
iff
DOC #2026-0069449 Page 11 of 19
NOTARY 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 Riverside
On MARCH 6T". 2026 before me, OLIVIA RODRIGUEZ, Notary Public, personally
appeared ULLA E. LEMBORN 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:
(notary seal)
*MY
OLMA RODRIOUEZNotary Public • California
Riverside County
Commission K 2496254
Comm. Expires Aug 2, 2028
11
DOC #2026-0069449 Page 12 of 19
NOTARY 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 Riverside
On MARCH 6T", 2026 before me, OLIVIA RODRIGUEZ, Notary Public, personally
appeared ROBERT A. LINDEMANN 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:��
(notary seal)
OLIVIA RODRIGUEZ
J` Notary Public • Californian
W Riverside County
Commission # 2496254
•"� My Comm, s Aug 2, 2028 r
12
DOC #2026-0069449 Page 13 of 19
NOTARY 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 Riverside
On MARCH 4T", 2026 before me, OLIVIA RODRIGUEZ, 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.
Signatureezala-_
:
(notary seal)
OLIVIA RODRIGUEZ
Notary Public • California
*MY
Riverside County
Commission # 2496254 Comm. Expires Aug 2, 2028 r
13
DOC #2026-0069449 Page 14 of 19
EXHIBIT A
Legal Description of the Historic Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAQUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIAAND IS DESCRIBED AS FOLLOWS:
LOT 13, BLOCK49 OF SANTA CARMELITAAT VALE LAQUINTA, UNIT#4, IN THE CITY
OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 18, PAGE 62 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
DOC #2026-0069449 Page 15 of 19
EXHIBIT B
Historic Preservation Resolution
RESOLUTION 2025 — 010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A LANDMARK
DESIGNATION FOR 51495 AVENIDA DIAZ, LOCATED AT
NORTHWEST CORNER OF AVENIDA DIAZ AND AVENIDA
MONTEZUMA
CASE NUMBERS:
LANDMARK DESIGNATION 2025-0001
APPLICANT: ROBERT LINDEMANN AND ULLA LEMBORN
WHEREAS, the City Council of the City of La Quinta, California, did, on April 15,
2025, hold a duly noticed Public Hearing to consider a request by Robert Lindemann and
Ulla Lemborn for approval of a Landmark Designation for a single-family home located at
51495 Avenida Diaz, more particularly described as:
Assessor Parcel Number 773-043-027
WHEREAS, the Planning Commission of the City of La Quinta, California, did, on
March 25, 2025, hold a duly noticed Public Hearing to consider this request and adopted
Resolution No. 2025-004 recommending Council approval of the Landmark Designation;
and
WHEREAS, the Design and Development Department published a public hearing
notice in The Desert Sun newspaper on April 4, 2025, as prescribed by the La Quinta
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 La Quinta Municipal Code Section 7.06.020 to
justify approval of said Landmark Designation:
The property meets Criterion A and Criterion B and is part of the first residential
subdivision, subdivided by E.S. "Harry" Kiener of the Palm Springs — La Quinta
Development Company, within the boundaries of the City constructed with
Spanish Revival style homes and for its association with the Residential
Development theme. While later building improvements were added, the
integrity of the original features and building elements are intact.
2. Distinctive physical characteristics and features:
• Spanish Colonial Revival style architecture
• Original "L" shape of the building as they were built at the time
• The front door is of the original "Z" style of the time
• The latch and window of the front door are original to the time
DOC #2026-0069449 Page 16 of 19
Resolution No. 2025.010
Project: Landmark Designation 2025-0001
Location: 51495 Avenida Diaz Landmark Designation
Adopted: April 15, 2025
Page 2 of 3
• Shed roof with exposed beams
• Original Roof Tile remains as built at the time
• Wooden Lintel remains as built at the time
• 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. Corrective Amendments: the City Council does hereby grant the City
Clerk the ability to make minor amendments and corrections of typographical or clerical
errors to this resolution to ensure accuracy and consistency.
SECTION 4. That the City Council hereby does approve Landmark Designation
2025-0001 for the reasons set forth in this Resolution.
SECTION 5. This Resolution shall go into effect upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 15th day of April 2025, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
DOC #2026-0069449 Page 17 of 19
Resolution No. 2025-010
Project: Landmark Designation 2025-0001
Location: 51495 Avenida Diaz Landmark Designation
Adopted: April 15, 2025
Page 3 of 3
ATTEST:
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MONIKA RADEVA, ty Clerk
City of La Quinta, California
APPROVED AS TO FORM:
(x� " "-A =�,/Z _sz_
WILLIAM H. I RKE, City Attorney
City of La Quinta, California
DOC #2026-0069449 Page 18 of 19
EXHIBIT C
Work Plan
January 30, 2026
1938 Casita at 51495 Avenida Diaz
Owners:
Robert Lindemann
Ulla Lemborn
Mills Act Plans:
As brief background, we purchased our Casita from an owner who was not a good steward of
the property and when he was forced to repair something, he did it poorly, if at all. There was
no evidence that he cared about the Casita's heritage or maintaining the historic nature of the
home and property.
When we purchased the property, immediately we spent a lot of time and money to reverse the
neglect, always with an eye to keeping the home as original as possible. Five years later we
received enthusiastic and unanimous support for Landmark Designation from the Planning
Commission and the City Council. We applied for the Mill's Act with the same goal and
determination to continuously maintain and enhance the property's historic nature.
The house and courtyard comprise the historic nature of the property, as you made reference
and there are planned maintenance and improvement projects in the 10-year period. In some
cases the positioning of projects may change due to unforeseen circumstances. Estimates of
projects will likely increase in this period. Additional problems will likely arise given the age of
the house.
Year 1) - Immediate Attention:
Purchase of Plaque for Landmark Status. $1000.00
Upgrade the electrical panel - wiring of electrical panels in a 1930s house costs more money
than a modern house. Estimate $2,000.00
Remove old TV cable from exterior; patch and paint - this will improve the esthetics of the
house. Estimate: $500.00
Replace Kitchen modern ceiling lights with period lights - This will enhance the appearance of
the interior. Estimate: $500.00
Year 2-5
Attic Insulation - this is made more difficult by the Casita's closed attic. This will require gaining
entry through the stucco walls. Estimate: $3,000.00
House Painting - We will use the original color paint to maintain originality. Estimate:
$10,000.00
Eave Corbels - These original wood roof supports are losing their integrity from age and will
need to be replaced, preferably before house painting. Estimate: $5,000.00
Restore the Courtyard's vintage entry doors which enhance the look of the property and house.
The entry and doors were designed to be lower than most desert home entries because of the
lower height of our structure. Estimate: $2,000.00
DOC #2026-0069449 Page 19 of 19
Year 6-10
Roof - The paper under the tile in parts of our roof is original to the 1930s. We have the rare
triple -tile roof and this requires a roofer with expertise with these intricate and esthetic tiles.
Estimate: $8,000.00
Heritage Olive Tree - This very old and structurally pleasing tree which shades the house will
likely need to be replaced. It enhances the appearance of the house and the Courtyard.
Estimate: unknown.
Large Palo Verde tree shading Courtyard and House - This tree also is quite old and the
Arborist has concern for the long-term viability. Estimate: unknown
Interior Courtyard painting - this enhances the Courtyard and the House. Estimate: $3,000.00
Lintel over the former Garage - This original wood detail is losing integrity due to age. We have
tried to extend its life by painting and caulking it but eventually it will need replacement.
Estimate: $3,000.00
All years: Landscape maintenance to preserve the relationship between Courtyard plants and
the house done in a style that is appropriate for a 1930s house. Estimate, recurring $200+ per
month increasing with time.
Original Floor Tiles have developed cracks over the years and will need to be replaced with
vintage matching tiles.
City of La Quinta
CITY COUNCIL MEETING: March 3, 2026
STAFF REPORT
AGENDA TITLE: APPROVE MILLS ACT AGREEMENT WITH ROBERT LINDEMANN
AND ULLA LEMBORN FOR DESIGNATED HISTORIC LANDMARK PROPERTY
LOCATED AT 51495 AVENIDA DIAZ; PROJECT NO. MLLS 2025-0002
RECOMMENDATION
Approve project application MLLS 2025-0002 for a Mills Act agreement with Robert
Lindemann and Ulla Lemborn for a designated landmark property located at 51495 Avenida
Diaz; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
The applicants, Robert Lindemann and Ulla Lemborn, wish to enter into a Mills Act
Agreement with the City for their residence located at 51495 Avenida Diaz (subject
property), 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 to calculate the property tax bill. Given that the City’s
share of property taxes is relatively low, staff estimates a negligible impact on general fund
revenues as a result of this property entering into a Mills Act agreement.
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(s) 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 exchange for
CONSENT CALENDAR ITEM NO. 8
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specific and ongoing preservation and maintenance of the property, specifically its
historically significant elements and characteristics. The property must be a designated
historic landmark in order for an owner to be eligible for a Mills Act agreement.
In March 2025, Council adopted Ordinance No. 621, adding Chapter 7.09 to the La Quinta
Municipal Code Chapter 7.09 to establish a Mills Act program. Applications for Mills Act
agreements 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.
On April 15, 2025, Council adopted Resolution No. 2025-010 designating the subject
property as a historic landmark, which is the City’s 2 nd such designation.
In October 2025, the applicants filed an application requesting to enter a Mills Act
agreement with the City. The applicants have submitted a 10-year work plan for the subject
property to continue its preservation as a landmark.
The proposed agreement, included as Attachment 2, incorporates the work plan as
Exhibit C. If approved, the agreement term is 10 years, and it renews automatically each
year thereafter. The agreement will be recorded on the property title, and any future
owner(s) would be subject to its terms. The property is subject to inspection every 5 years
to ensure compliance with the agreement.
ALTERNATIVES
Council may approve the agreement as presented, approve with modifications, or deny the
proposed agreement.
Prepared by: Scott Nespor, Senior Planner
Approved by: David Newell, Design and Development Director
Attachments: 1. Vicinity Map and Photographs of Historic Landmark
2. Draft Mills Act Agreement
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ATTACHMENT 1
Southeast Elevation
MLLS2025-0002 - 51495 Avenida Diaz
N
South Elevation
East Elevation
h PatioCV
101