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HomeMy WebLinkAboutD-1785 1429 Osos Street Recorded 09/18/2008� J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk's Office. CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 JULIE ROPEWA i San Luis Obispo CounnWerklRecorder RRecorded at the request of Public. Titles: 1 Pages: 12 Doc #: -2008045195 I � ` Fees 0.00 i Taxes 0.00 Others PAID $0.00 NB 9/04/2008 2:14 PM This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. RESOLUTION NO. 9996 (2008 Series) .APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND STEPHEN LINDER AND CYNTHIA SEMEL, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1429 OSOS STREET, IN SAN LUIS OBISPO RECEIVED SEP 18 2008 SLO CITY CLERK /7�s • RESOLUTION NO. 9996 (2008 Series) • APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS. OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND STEPHEN LINDER AND CYNTHIA SEMEL, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1429 OSOS STREET, IN SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 at seq. (Known as "the Mills Act') to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance; and rehabilitation such that these historic properties retain,their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going ,historic preservation program to promote the. preservation, . maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures: and improvements. ithereon, located on Assessor's Parcel Number 003 -541 -012, located at 1429..,Osos Street, San Luis Obispo, California: 93401; also described as. the Frank Campbell Mitchell "House, (hereinafter referred to as the "historic property!); and. WHEREAS, the City Council of the City of San Luis Obispo has. designated this . property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS; the City and owners, for. their mutual benefit, now desire to enter into this : agreement to limit the use of the property to prevent inappropriate alterations and to ensure that . character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. sea. of the Revenue and Taxation Code; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held .a public hearing on May 27, 2008 to consider a request by Stephen Linder and Cynthia. Semel, owners of 1429 Osos Street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program-Guidelines, the. following: R 9996 • Resolution No. 9996 (2008 Series) Page 2 SECTION 1. Findings. • 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax. reduction programs that encourage maintenance and restoration of historic properties. 2. The Frank Campbell Mitchell House, located at 1429 Osos Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through. 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners, Attachment 1. SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby . authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Council Member Settle, seconded by Council. Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No.. 9996 (2008 Series) Page 3 The foregoing resolution was adopted this 17'h day, of June 2008. ATTEST: C /r/m . 4& Audrey oper• City Cl APPROVED: Jon an P.jAwell. City rney I hereby certify that th fore oing is a full, true and correct copy of o 0 999,6 CQoo S0 r ►`,e on file in the Office of the City Clerk. In vvitoess hereo my. 0and and pff icial seal: 0 Date Audrey Hoop City Clerk • Mayor David IF . Romero • • HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1429 OSOS STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this day of , 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter refeir d to as the "City "), and Stephen Linder and Cynthia Semel (hereinafter referred to as "Owners "), and collectively referred to as the "parties." 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 nonrenewal is served as provided herein. b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner 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. 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 Owner of nonrenewal. . d. If either the City or the Owner serves notice to the other party of nonrenewal 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. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property 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. If the building's interior closely relates to the propertyi's eligibility as a qualified historic property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. c. 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. d. The Community Development Director shall be notified by the Owner 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 Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. e. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; 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 character, significance, and design as determined by the Community Development Director. g. Owner 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 Equalization, and the City as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly- noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has 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 Owner has 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 Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which • • states that the fee shall be 12 ' /z% 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 property 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 Owner, the City shall give written notice of violation to the Owner 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 Owner); 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 Owner 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. b. The City does not waive any claim of default by the Owner if the 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 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 Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1429 Osos Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner 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 Owner's 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 specified below or at other addresses that may be later specified by the parties hereto. • To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Stephen Linder Cynthia Semel 1429 Osos Street 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 Owner agrees 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 injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees 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 Owner's 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 employees. c. 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 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 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and 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 Owner; 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. CITY OF SAN LUIS OBISPO Mayor David F. Romero OWNERS Stephen L'nder Cynthia 4661 STA OF CALIFORNIA COUNT OF SAN Ll I&OBISPO On th' day of and for said St e, personally a the City of San is Obispo, a of California. W � � � 2008, before me, corporation xisting and or ,s my hand and official seal. Fr- 1."e- 8' Date 1' O ate Date signed, a Notary Public in to me to be the mayor of nder the laws of the State • • STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On August 14, 2008, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, Mayor, CITY OF AN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person(Vwhose name is/aFe subscribed to the within instrument and acknowledged to me that he /ehe/the executed the same in hislterAheirr authorized capacity and that by his/her/dwir signaturezon the instrument the person,( 1 or the entity upon behalf of which the persongacted, 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. Signe • CALIFORNIA ALL - PURPOSE ACKN State of California County of 1;a., L,-L'.5 Obr s ,P c On 0$-09-69 before me, LOL-A.e, Le-, �-• HAv�so4, No I C__ , Date I Here Insert Name and Titl off1 the Officer Lj personally appeared S-�e.� �e-Y, Li r A_—k 1a A -tom► OLD 15e Name(s) of Signer(s) LAURIE L. HANSOM C.onpnlssl0n f 13'�l lib 11nim j rjd39c- saan tuts 001s<po County MYOomnBAUtRIbt�lpfR t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ja are subscribed to the within instrument and acknowledged to me that XWe/they executed the same in WWheir authorized capacity(ies), and that by hisWr/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 Signature of No u fic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document re�•+�e ••t �� 1 X29 D sos S fY �- H;,54,,`ic Prb�cr-i rh strJ ten g I Title or Type of Document: Exh� b;-�- � [i�,ticnt�r��e, •t- L;0-PVe rne.►!„-r /►Ie�Slures� Document Date: ALA-!t u-S T W Number of Pages: !1 A TN • / r n Signer(s) Other Than Named. Above: Capacity(ies) Claimed by Signer(s) Signers Name: S -���en Lt fJe-r Individual ❑ Corporate Officer — Title(s): Signer's Name: ��-{ /L4 U \Gt_ S_me.l Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limped ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: - Signer Is Representing: Sej Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313 -2402 • www.NabonalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876-6827 0,14 90 II: MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1429 OSOS STREET, SAN LUIS OBISPO, CALIFORNIA 1. Owner 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 San Luis Obispo for property located at 1429 Osos 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. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: a. Add landscaping on south wall in rear yard. b. Repair or replace fence on shared property line with adjacent neighbor. c. Plant landscaping in alley way on the side of the garage. d. Improve front yard gardens. e. Install irrigation system. f. Install new gates at the side and rear entrances to the property. g. Replace exterior lighting with period light fixtures, to the approval of the Community Development Director. h. Install new arbor feature in alley way on the side of the garage. i. Clean and maintain roof tiles and exterior fagade. j. Safety pruning of tree in street yard. k. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. Date D to END OF DOCUMENT