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HomeMy WebLinkAbout01-30-2021 1789 Santa Barbara St. Historic Property Preservation Agreementa 202.L019109 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 Tommy Gong San Luis Obispo - County Clerk -Recorder 03/12/2021 10:58 AM CONFORMED COPY Copy of document recorded. Has not been compared with original. This document is recorded for the benefit of the City of San Luis Obispo, a Municipal Corporation, and recordation without fee is requested, per Government Code § 27383. Historic Property Preservation Agreement 1789 Santa Barbara Street (APN 003-552-011) An Historic Property Preservation Agreement between the City of San Luis Obispo and the Owners of the historic property located at 1789 Santa Barbara Street in the City of San Luis Obispo (APN 003-552-011) '(, 0 1a HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC PROPERTY LOCATED AT 1789 SANTA BARBARA STREET, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. Tffi5 AGREEMENT is made and entered into this day of V1. , 202 t, by and between the City of San Lois Obispo, a municipal corporation (hereinafter refcrrcd to as the "City"), and Thomas P. Hughes and Karen J. Hughes, Trustees of The Hughes Family Trust, and Michael Thomas Hughes and Paden Followwill Hughes, Trustees of The Michael Hughes and Paden Hughes Family Trust of 2018 (hereinafter referred to as "Owners"), and collectively_ referred to as the "parties." WHEREAS, Owners are the owners of that certain real property commonly known as 1789 Santa Barbara Street (APN 003-552-011), and legally described as shown in the attached "Exhibit B" ("Owners' Property"); and WHEREAS, Owners have agreed to enter into an Historical Property Contract with the City for the preservation, maintenance, restoration, or rehabilitation of Owners' Property, an historic resource within the City; NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual benefits, promises, and agreements set out herein, the parties agree as follows: Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance, and improvements measures described in "Exhibit A" attached 'hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non -renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as "annual renewal date"), a year shall automatically be added to the initial term of this agreement unless written notice of non -renewal is served as provided herein. b. If the Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of non -renewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. Historic Property Preservation AL ment 1789 Santa Barbara Street Page 2 M c. The Owners may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owners of non -renewal. d. If either the City or the Owners serve notice to the other party of non -renewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character -defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character -defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. The Community Development Director shall be notified by the Owners of changes to character -defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owners agree to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. d. Owners agree that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. e. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way' or any device, decoration, structure, or vegetation which is unsightly due to lack of maintenance or because such feature adversely Affects, or is visually incompatible with, the property's recognized Historic Property Preservation 1,` xment 1789 Santa Barbara Street Page 3 historic character, significance, and design as determined by the Community Development Director. f. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of L'.11UtL11GQ.UU11, a11U t11G (.1Ly as rllily UG necessar-y to UGLG1111111G L11G llwrlerJ compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information, The Owners hereby agree to furnish any and all information requested by the, City wbich may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, vllowing a dul-y -noticed public 11caring b-y the City COUilcil as set fort h in Oevemment C-ode Section 50285, may cancel thi s -agreement if it determines that the Owners have breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owners have failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set f-)rth in Cmvernmcnt. Cock Section 502Rf, whirr states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. b. If the historic building is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owners, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); Historic Property Preservation "ent 1789 Santa Barbara Street Page 4 then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owners or apply for such relief as may be appropriate. try U. lile l.rly Uoes not waive arty claim of UGfaIAlL Uy We VWllG1J if LiIG C uvGs rlot enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building located at 1789 Santa Barbara Street, San Luis Obispo, California, Assessor's Parcel Number 003-552-011, and legally described as shown in the attached "Exhibit B", to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners' successors and assigns in title or interest to the historic property. Every contract, deed, or Other instrument hereinafter 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 expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specifi-ed b-elow or at other addresses that may be later speciri-ed by the parties hereto. To City_ Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners. Thomas P. Hughes and Karen I Hughes Trustees of The Hughes Family Trust 504 Links Dr Mesquite NV 89027 Historic Property Preservation xtnent t789 Santa Barbara Street Page 5 Michael Thomas Hughes and Paden Followwill Hughes Trustees of The Michael Hughes and Paden Hughes Family Trust of 2018 1789 Santa Barbara St San Luis Obispo CA 93401 Section 10, General Provisions. a. 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 them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal iniuries, including death, and claims for 17ronertv damaLye which may ari..e from the direct or —direct use or acUViUV,6 of Lhe Owners, or frolll those of his contractor, subcontractor, agent, employ, or other person acting on the Owners' behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owners' activities in connection with the historic property, excepting however any such claims or actions which are the result of the sale negligence -or willful misconduct of City, its officers, agents, or employees, This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, 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 attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. 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 Historic Properly Preservation Ag ent 1789 Santa Barbara Street Page 6 legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section ItIt. L-1rnend mue rts. ThiS agreement may Ue anlended, in whole of in pai L, only by a written recorded instrument executed by the parties hereto. Section M Reco rdatlon and Fees. No late -_ than twenty (20) days after the parties enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owners; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day -and year written -above. OWNERS The Hughes Family Trust Thomas P. Hughes, Trustee Karen J. The Michael Mi rustee ow -will Hughes, Trustee CITY OF SAN LUIS OBI Family Tnict of 2Ql R eidi Harm iv to authoriton conferred by Resolution No �-,� c) i, �A) Date Date 11180 (2020 Series) bat L7 I 9-,\ bat Date Historic Property Preservation Ab_ xment 1789 Santa Barbara Street Page 7 ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: aF_ J. Mristine Jbictrick City Attorney ALL SIGNATURES MUST BE NOTARIZED . Historic Property Preservation Ag,•,,,;iusnt 1789 Santa Barbara Street Page 8 11: MAINTENANCE AND IMPROVEMENT MEASURES FOR THE LOZELLE AND KATIE FLICKINGER GRAHAM HOUSE LOCATED AT 1789 SANTA BARBARA STREET, SAN LUIS OBISPO, CALIFORNIA Owners shall preserve, maintain, and repair the historic building, including its character -defining architectural features in good condition, to the satisfaction of the Community Development Director or designee., pursuant to a. Mills Act Preservation Contract with the City of an Luis Obispo for property located at 1799 Santa Barbara Street. Character -defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. Owners agree to make the following improvements or repairs during the term of this contract but in no ease later than ten ( 10) years from the contract date. All changes or repairs shall be r-ansi stunt with the City's Historic Preservation Ordinance and the Secretary of the Interior's Standards for the Treatment of Historic Properties: • Preservation and repair of windows, including a unique bathroom window ■ Replacement of roofing materials, and restoration of roof cresting • Restoration of period appropriate landscaping and fence line • Plumbing repairs and repairs to address site drainage problems causing water markings around the building foundation _'x a4' 4 un�eiior paint and�iim maintenance Historic Property Preservation A�..eement t789 Santa Barbara Street Page 9 EXHIBIT "B" Legal Description For APN/Parcel ID(s}: 003-552-011 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 8 IN BLOCK 176 OF THE RESUBDIVISION OF FRACTIONAL BLOCKS 176 AND 181 OF LOOMIS AND OSGOOD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP RECORDED TNTn-%rGAAT2D'1DI A IQQATNT RnCIVA DArD'17GCYFA4ADCnfDQP-pMr7TIAQRnTTn`xIQ- 1IV Y L11-1 1T, 1 V/T .11 L V Vl1 L 1, 1 L 1 _ - l . 1-1- V, LLV �L\LLLL L-1V 1 V. BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 8 WHICH NORTH 53" 0TEAST 50, FEET FROM THE MOST SOUT_t:M Y CORNER OF SAID LOT 8, SAID POINT BEING THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO FRANK A. SMITH BY DEED RECORDED DECEMBER 5, 1904 IN BOOK 64 OF DEEDS, PAGE 323, RECORDS OF SAID COUNTY, - THENCE NORTH 360 53' WEST ALONG THE NORTHEASTERLY LINE OF THE PROPERTY SO CONVEYED, 85.84 FEET; THENCE NORTH 77' 55' EAST, 91.39 FEET, "1WIFE OP. LESS, TO TH EA-5-7MRLY L11 E OFS M LOT 8; THENCE SOUTIEASTERLY ALONG SAID EASTERLY LINE OF LOT 8, 52.70 FEET, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF SAID LOT 8; THENCE SOUTH 53' 07' WEST 60.15 FEET TO THE POINT OF BEGINNING, APN: 003 -5 52-011 Historic Property Preservation Agi;-,ement 1789 Santa Barbara Street Page 10 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 San Luis Obispo } On [�la��lr,�pztoz."l , before me�u:�,.►.[,�..r�� Dale Nmue and •fills of the Wicer personally appeared, tiu��c+�►ov� who proved to axe 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. I a KEV1I+R.04PUSTIAM j WITNESS my hand and official seal. �ia+Y publi[ • California " vbropaCoy nty t Commission r 230253A My Comm, C,epirn►u; ZY, ZCZI Signature Sigftm urc orNotary Public Place Notary Seal Above 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 Coµn y� of Can L uiQ Ob;3o N ) On before me Date Name andTitle oPthe Officer personally appeared, Name of Signers) 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 ceilify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature -,of Notary Public Place Notary Seal Above Historic Property Preservation At,_;,ement 1789 Santa Barbara Street Page 11 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. S_of Caifornia _} County of San Luis Obispo } _ \ On Tv%r1o,l�y'3p 1a2�� before me i�•�i �T1,.', s Nr ?-)w" Date Name aslri Title of rho Officer personally appeared, 1 ►_- oY"%s ram. tau )ne i KAr-en 3, kauw .1 Name of 5ignerjsj who proved to me on the basis of ,satisfactory evidence to be the person(s) w-bose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the saute iii 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. Trarlifc�iinAar DRTXTATTVn-17DiFFT?TTTT?V". 4—+l,a1..—.-.f+I_C+..+_-4,f' 1: +1._+A,-F :-- = —L—y uii i —IL i+.-.1 LA1LU%1I t'Liv 1a, VVa V1 LIIV 0LaLG UL Val1l Vl Lila ULU LIIG 1VlL16 paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notmy Public STEVE MATHIS NotaryPublic- California �y San Luis Obispo County n Commis51an # 2198621 My Comm, Expires Jun 21, 2021 Place Notary Seal Above A Notary Public or other officer completir;g this certificate verifies only the identity of the individual who 'signed the document to which this rrgrtifinata is attached and not the truthLulne33 accuracy or validity of that document State of California } Cnun u of Can T u15 Obispo } OnTvvr.%,�rwr 3o.2oZ1 before me _ �tb f�A�:• S��,��,�et` Date _ f I Name anTitle of the Ulric personally appeared, �Yr►c 1A�e rr44" itt+,Ww><�i j-�ys�pS Name of Si2nerfs] 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 has of the Siaie of Calffomilathatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signattnre-of NotaryPublic STEVE MATHIS NotaryPublic- California San Luis Obispo County y Commission # 2198621 My Comm. Expires Jun 21,202 1 Place Notary Seal Above