HomeMy WebLinkAbout12-15-2021 531 Dana St Historic Property Preservation AgreementHISTORIC PROPERTY PRESERVATION AGREEMENT BF TWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 531 DANA STREET, IN THE C! TY OF
SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF C,�LIFORNIA.
1K�
THIS AGREEMENT is made and entered into this 1 _day of ���` , 2021, by and
between the City of San Luis Obispo, a municipal corporation (hereinafte referred to as the
"City"), and Brian P. Tuohy and Kristina M. Tuohy, Trustees of the Tuohy Emily Trust, created
under a Declaration of Trust dated April 23, 2008 (hereinafter referred to as "Owners"), and
collectively referred to as the "Parties."
WHEREAS, Owners are the owners of that certain real property comr, tonly known as 531
Dana Street (APN 002-402-008), and legally described as shown in the ai tached "Exhibit B"
("Owners' Property"); and
WHEREAS, Owners have agreed to enter into an Historical PropertContract with the
City for the preservation, maintenance, restoration, or rehabilitation of ON ,ners' Property, an
historic resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in fi irther consideration
of the mutual benefits, promises, and agreements set out herein, the Parties ag ee as follows:
Section 1. Description of Preservation Measures. The Owners, their heir., 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 sh, l be effective and
commence upon recordation and shall remain in effect for an initial tern of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, s tch initial term will
automatically be extended as provided in California Government Code Sec ion 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 , dded to the
initial term of this agreement unless written notice of non -renewal s 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 an the other
party. Unless such notice is served by the Owners to the City at lease ninety (90)
days prior to the annual renewal date, or served by the City to the O'A Tiers at least
sixty (60) days prior to the annual renewal date, one (1) year shall auto natically be
added to the term of the agreement as provided herein.
Historic Property Presi rvation Agreement
531 Dana Street
Page 2
c. The Owner; 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 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 1 he following conditions:
a. Owners agi :,e to preserve, maintain, and, where necessary, restore or rehabilitate
the buildin; and its character -defining features, including: the building's general
architecture I form, style, materials, design, scale, proportions, organization of
windows, d )ors, and other openings; interior architectural elements that are integral
to the building's historic character or significance; exterior materials, coatings,
textures, de ails, mass, roof line, porch, and other aspects of the appearance of the
building's e Yterior, as described in Exhibit A, to the satisfaction of the Community
Developme it Director or his designee.
b. All buildin ,) 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 Dennrtment of Park-, and Recri-n inns
namely the U.S. Secretary of the Interior's Standards for Rehabilitation and
Standards e rid 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
ornamentat on to the greatest extent possible.
c. The Comm mity Development Director shall be notified by the Owners of changes
to characte --defining exterior features prior to their execution, such as major
landscapi% projects and tree removals, exterior door or window replacement,
repainting, remodeling, or other exterior alterations requiring a building permit.
The Owner; agree to secure all necessary City approvals and/or permits prior to
changing & building's use or commencing construction work.
d. Owners agr :e that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e. The follo A ing are prohibited: demolition or partial demolition of the historic
building; e� terior alterations or additions not in keeping with the standards listed
above; dila )idated, deteriorating, or unrepaired structures such as fences, roofs,
doors, wall s, windows; outdoor storage of junk, trash, debris, appliances, or
furniture v sible from a public way; or any device, decoration, structure, or
vegetation, vhich is unsightly due to lack of maintenance or because such feature
adversely , ffects, or is visually incompatible with, the property's recognized
Historic Property Preservation Agreement
531 Dana Street
Page 3
historic character, significance, and design as determined by the Community
Development Director.
f. Owners shall allow reasonable periodic examination, by prior appoint nent, of the
interior and exterior of the historic property by representatives of the County
Assessor, the State Department of Parks and Recreation, the Stal e Board of
Equalization, and the City as may be necessary to determine t to Owners'
compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owners hereby agree to i arnish any and all
information requested by the City which may be necessary or advisable to de ermine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly -noticed public hearing by the City Counci as set forth
in Government Code Section 50285, may cancel this agreement if it del ermines 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 sta idards for a
qualified historic property; or if the City determines that the Owners h the 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 tho Owners to
preserve, maintain, and rehabilitate the historic property as specifies, above, the
Owners shall pay a cancellation fee to the State Controller as ;et forth in
Government Code Section 50286, which states that the fee shall be 1. '/z% of the
full value of the property at the time of cancellation without regard to at y restriction
imposed with this agreement.
b. If the historic building is acquired by eminent domain and the ( ity Council
determines that the acquisition frustrates the purpose of the agr cement, the
agreement shall be cancelled and no fee imposed, as specified in Govel nment Code
Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement a 3 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 th 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 ag reement. If
such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereaftf r; or if not
corrected within such a reasonable time as may be required to cure t] le breach or
default of said breach; or if the default cannot be cured within thin y (30) days
(provided that acts to cure the breach or default may be commenced , vithin thirty
(30) days and shall thereafter be diligently pursued to completion by t ie Owners);
Historic Property Pres( rvation Agreement
531 Dana Street
Page 4
then the Cil y may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
obligations 3f the Owners growing out of the terms of this agreement, apply to any
court, state ar federal, for injunctive relief against any violation by the Owners or
apply for st ch relief as may be appropriate.
b. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not otherwi :e 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 d fault under this agreement. No waiver by the City of any breach or
default und, -r this agreement shall be deemed to be a waiver of any other subsequent
breach ther, -of or default herein under.
c. By mutual agreement, City and Owners may enter into mediation or binding
arbitration 1,) resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building
located at 531 Dan, o Street, San Luis Obispo, California, Assessor's Parcel Number 002-402-008,
and legally descrired as shown in the attached "Exhibit B", to the covenants, reservations, and
restrictions as set R rth in this agreement. The City and Owners hereby declare their specific intent
that the covenants. reservations, and restrictions as set :^.1th herein shaii be deemed covenants
running with the la id 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 express ed 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 p, rties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Con imunity Development Director
Cit) of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: Bria ri P. Tuohy and Kristina M. Tuohy, Trustees
theTuohy f uohy Family Trust, created under a Declaration of Trust dated April 23, 2008
531 Dana St
San Luis Obispo CA 93401
Historic Property Preservation Agreement
531 Dana Street
Page 5
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall b ° 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 offici ils, officers,
agents, and employees harmless from liability for damage or fron claims for
damage for personal injuries, including death, and claims for prop(rty damage
which may arise from the direct or indirect use or activities of the Owi ers, or from
those of his contractor, subcontractor, agent, employee, or other person acting on
the Owners' behalf which relates to the use, operation, main Lenance, 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 all( ged 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
sole negligence or willful misconduct of City, its officers, agents, or ei nployees.
This hold harmless provision applies to all damages and claims i Jr damages
suffered, or alleged to have been suffered, and costs of defense incurre a, 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 do mments for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions ontained in
this agreement shall be binding upon and shall inure to the benefit o r the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by opel ation of law
or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties too enforce or
restrain a violation of any of the covenants, reservations, or restrictiol is contained
herein, or to determine the rights and duties of any party hereunder, tb e 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 coul t.
f. In the event that any of the provisions of this agreement are held to be ul enforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions or portions
thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with tb, - laws of the
State of California.
Historic Property Pres( rvation Agreement
531 Dana Street
Page 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrumer t executed by the Parties hereto.
Section 12. Recordation and Fees. No later 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 Co tnty 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, recordir g, and administering the historical property contracts.
IN WITNE iS WHEREOF, the City and Owners have executed this agreement on the day
and year written at ove.
TUGHY FAMIL) TRUST, CREATED UNDER A DECLARATION OF TRUST DATED
APRIL 23, 2008
A- /�' E)
Brian P. Tuohy, Tr stee
Kristina M. Tuohy. Trustee
CITY OF SAN LL IS OBISPO
[ .
Mayor Erica A. St( wart
Pursuant to authori y conferred by Resolution No. 11293 (2021 Series)
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS T O FORM:
mm�
J. Christine Diet is .
City Attorney
ALL SIGNATURI S MUST BE NOTARIZED
/:�--- r S -- 12n7z'
Date
Date
Date
Historic Property Preservation Agreement
531 Dana Street
Page 7
EXHIBIT "A"
MAINTENANCE AND IMPROVEMENT MEASURES FOR
THE DANA/BARNEBERG HOUSE LOCATED AT 531 DANA STREET,
SAN LUIS OBISPO, CALIFORNIA
Owners shall preserve, maintain, and repair the historic building, including it, character -defining
architectural features in good condition, to the satisfaction of the Comm inity Development
Director or designee, pursuant to a Mills Act Preservation Contract with tr e City of San Luis
Obispo for property located at 531 Dana Street. Character -defining features s -iall include, but are
not limited to: roof, eaves, dormers, trim, porches, walls and siding, architects iral detailing, doors
and windows, window screens and shutters, balustrades and railings, founci ations, and surface
treatments.
Owners agree to make the following improvements or repairs during the term of this contract but
in no case later than ten (10) years from the contract date. All changes or repair i shall be consistent
with the City's Historic Preservation Ordinance and the Secretary of the Inte-ior's Standards for
the Treatment of Historic Properties:
■ Repair of damage to attic from rodents and unprotected exterior openi igs;
R Replacement of roofing materials, to repair deterioration and damage;
• Replacement of missing rain gutters;
■ Repair of failing portion of retaining walls (at creek boundary); replac -ment of terrace
stairs;
■ Plumbing repairs including replacement of private sewer line;
• Exterior paint and trim maintenance
IIistoric Property Pres( rvation Agreement
531 Dana Street
Page 8
EXHIBIT "B"
Legal Description
For APN/Parcel II)(s): 002-402-008
The land described herein is situated in the State of California, County of San Luis
Obispo, City of San Luis Obispo, described as follows:
That portion of BI 3ck 61 of the City of San Luis Obispo, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to Harris and Ward's Map of
the Town of San _uis Obispo filed in Book A, Page 168 of Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at a pc int on the Southerly line of Dana Street, distant thereon South 530 07'
West, 454.2 feet -rom the intersection of the Southerly line of Dana Street, if prolonged,
with the Westerly line of Nipomo Street, if prolonged,
thence North 53" 07' East along said Southerly line of Dana Street, 60 feet; thence
leaving said line of said street, South 360 53' East, 116.26 feet to the center line of San
Luis Obispo Creek;
thence South 76` 45' West along the center line of said creek, 66.5 feet to the Easterly
line of the lot forn ierly owned by Ira J. Powell,
thence leaving said center line of said creek, North 360 53' West along the Easterly line
of said Powell Lo' , 90 feet
to the Southerly line of Dana Street and the point of beginning.
APN: 002-402-OC8
Historic Property Prest rvation Agreement
531 Dana Street
Page 10
A Notary Public or otl ier officer completing this certificate verifies only the identity of the individual who signed the
document to which tt is certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On-&.,,,,I,a,- I5,2_a21, before me m Jqrct-,-Nd ,'eL,
Cate ' Naine and Title ❑f the 0friec
personally appearec., ' u 1"�\' r \, S 4-( `�t� o by
ante of$igner(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)-is are
subscribed to the A thin instrument and acknowledged to me that ]-ler-AW hey a ecuted the same in
43is ter ieir uthor zed capacity(ies), and that by e1r signature(s)-on the instrument the
persons , or the en ity upon behalf of which the person(s)akrei, executed the instrument.
I certify under PEN XLTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true ar d correct.
WITNESS my hant l and official seal.
Signature -11"' 4:f� (:::nl�
. ignatiu'e ofNotary Public
Matthew Aaron Ward
Commission # 2252395
atiy'r ~'f Notary Public - California
`� i �•� a r 'i� San Luis Obispo County A
' My Comm Expires August 3, 2022
Place Notary Seal Above
A Notary Public or ob ier officer completing this certificate verifies only the identity of the individual who signed the
document to which tt is certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On_��� ky 1 a �, before me
Date Name and Tille ofthe Ulcer
personally appeared,
Nam! of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the m thin instrument and acknowledged to me that he/she/they executed the same in
his/her/their author zed capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the en ity upon behalf of which the person(s) acted, executed the instrument.
I certify under PEN kLTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true ar d correct.
ME W LBANKS
WITNESS m hant l and official seal. -QMV
Nan L Pi ,, �a.um, �`
Y Sen LulsOE�spo CountyComm}ssifln ■ 2322526
Comm. Expires Feb 2E, 2024
Signature
SignatmV of Notary PnbR Place Notary Seal Above
Historic Property Preservation Agreement
531 Dana Street
Page 9
A Notary Public or other officer completing this certificate verifies only the identity of the in& idual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity c F that document.
State of California }
County of San Luis Obispo }
On , before me ,
Date Name and Title of the Officer
personally appeared,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) v hose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they e Kecuted the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) of the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the i istrument.
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
Signature of Notary Public Place Notary SL it Above
A Notary Public or other officer completing this certificate verifies only the identity of the in& idual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity c F that document.
State of California
County of San Luis Obispo }
On , before me
Date Name and Title of the Officer
personally appeared,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) v hose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they e cecuted the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) of the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the i lstrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califom i a that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary St it Above
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
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 t 1
Countyof'7c., -�-.-,
On\��ttw.`utr ZC9�ZC�"L\ before me, ���-s.v�� • rr 3ltvv� �t���L �� �.1
Date 1 l Here Insert Name and Title of the Office
personally appeared - �\- - A ��v_c1--
Name(s) of Signer(s)
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.
KEVIN R, CHRISTIAN
' Notary Public . California
San Luis Obispo County
Commission 4 2302534
My Comm, Expires Aug 22, 2023
Place Notary Seal and/or Stamp Above
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 F.
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:t S V r 4r cl
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02018 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: