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Home My WebLink AboutD-1787 1443 Osos Street Recorded 09/22/2008This 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. It is being re- recorded to include the Certificate of Acceptance. RESOLUTION NO. 10005 (2008 Series) RESOLUTION 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 JAMES AND DIANE DUENOW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1443 OSOS STREET, IN SAN LUIS OBISPO RECEIVED SEP 2 2 ?00,18 SLO CITY CLERK 7 r7 JULIE RODEWA AM San Luis Obispo CouClerk/Recorder it 9/11/2008 ,Recorded at the request of 3:44 PM Public RECORDING REQUESTED BY D 0 e # : 2008046157 Titles: 1 Pages: 12 AND WHEN RECORDED MAIL TO; Fees 0.00 .City Clerk's Office Taxes Others 0.00 0.00 CITY OF SAN LUIS OBISPO PAID $0.00 ! 990 Palm Street San Luis Obispo, CA 9340.1 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. It is being re- recorded to include the Certificate of Acceptance. RESOLUTION NO. 10005 (2008 Series) RESOLUTION 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 JAMES AND DIANE DUENOW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1443 OSOS STREET, IN SAN LUIS OBISPO RECEIVED SEP 2 2 ?00,18 SLO CITY CLERK 7 r7 E 0 RESOLUTION NO. 10005 (2008 Series) RESOLUTION 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 JAMES AND DIANE DUENOW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1443 OSOS STREET, IN SAN LUIS OBISPO WHEREAS, flee City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (]mown 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 thereon, located on Assessor's Parcel Number 003 -541 -013, located at 1443 Osos Street, San Luis Obispo, California 93401, also described as the M.F. Avila 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. seg. of the Revenue and Taxation Code. WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on June 23, 2008 to consider a request by James and Diane Duenow, owners of 1443 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 10005 Council Resolution No. 10005 (2008 Series) 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 M.F. Avila House, located at 1443 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. 3. The Cultural Heritage Committee has reviewed and approved the proposed site and building changes, which are incorporated into the Mills Act Program for the property. 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. R 10005 Council Resolution No. 10005 (2008 Series) Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 15th day of July 2008. ATTEST: I 6� " Audrey Ho er, City erk APPROVED AS TO FORM: C�Zwell, City Attorney Mayor David F. Romero `.` t „. %'.`. ,..l.. i °`�..L(,�._.�_,. ,,.i,, I is'rull, true - nf - ,.1111. .�l, •• in 1,z:: s and . 70 CM' iai seal: Date 1-'.; :o-rev Ho e r ij Ci,y C-lerk R 10005 • • HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1443 OSOS STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,LLSTATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 3rdday of7', 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter refe the "City "), and James and Diane Duenow (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 leash 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, the house, garage and gardens and their 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 property'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; artwork, special tilework 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 canceled 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 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 property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled 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 1443 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: James and Diane Duenow 1443 Osos Street San Luis Obispo, CA 93401 Section 10. General Provisions. J 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 cause 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 whither 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 effected 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 OWNS S es Duenow Diane Duenow STATE O1\CALIFORNIA ) Date I/Ap /408 Date Date 1713 ✓ ) ss. COUNTY OF N LUIS OBISPO On this 3 day of 008; before me, the under said State, personally _ pear known to San Luis Obispo, a m icipal corporation fisting and organized California. Qe aAja shed Witness iiy hand and official a Notary Public in and for be the mayor of the City of the laws of the State of Wte • • STATE OF CALIFORNIA ) )SS COUNTY OF SAN LUIS OBISPO ) On September 10, 2008, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person(} whose name is/we subscribed to the within instrument and acknowledged to me that he/she %he executed the same in his/her authorized capacity(ies -) and that by his eir signah on the instrument the person(s�or the entity upon behalf of which the personWaacted, 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. . Si�ature (fie r • • CALIFORNIA ALL-PURPOSE •' v!7 �Srir_ * -.. . - _. State of California 11 County of � n LAS Obi spo On S 6, w �0 before me, ATU L. An-W-1( N6tOM ioahlfC , Date t T THere In ert Name and Titl f the Officer personally appeared Jaws bythpUJ old Darr buenottl Name(s) of Signer(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact who proved to me on the basis of satisfactory evidence to _ • be the person@s whose named is /are subscribed to the Top of thumb here within instrument and acknowledged to me that of thumb here Ae�qhe/tha executed the same in 4ie�/their authorized capaci le , and that by4ii-~their signature s@ on the instrument the person@s , or the entity upon behalf of ��... AMY L. ANTISTA I which the person O acted, executed the instrument. (o COMM. #1573405 .. D U) NOTARY PUBLIC -CALIFORNIA SAN LUIS OBISPO COUNTY I certify under PENALTY OF PERJURY under the laws My Comm. Expires APR 26, 2009 of the State of California that the foregoing paragraph is true and correct: WITNESS my hand off ial seal. ;?, Signature Place Notary Seal Above Signature of ry Public .r 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 Title or Type of Document: vhsizric r0 P eYnafilo o Aareepwiyf Document Date: !10 0 Number of Pages: S /� Signer(s) Other Than Named Above: NQ/y19 Capacity(ies) Claimed by Signer(s) T LutnUw bi&w uehaul Signer's Name: James Signer's Name: .l V Individual >6ndividual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact _ • - _ • ❑ Trustee Top of thumb here El Trustee of thumb here ❑ Guardian or Conservator El or Conservator ❑ Other: _ ❑ Other: Signer Is Representing: Signer Is Representing: ;?, .r 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryoig Item #5907 Reorder: Call Toll -Free 1- 800 - 876-6827 • • EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1443 OSOS STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic buildings and gardens, including their 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 1443 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 July 15, 2018, or ten (10) years from the contract date, which ever comes first. 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: 1. Repair roof leaks (remove dry rot or insect damaged areas). Clean and retain antique clay tiles. 2. Upgrade electrical wiring throughout the house. 3. Upgrade heating system from electrical wall heaters to natural gas central heating. 4. Repaint entire structure, inside and out. All painted surfaces shall be properly prepared, primed, and painted with high quality paints. All interior wall art shall be retained and /or repainted to match. 5. Repair or replace windows as necessary. All replacement windows shall match the architectural design, colors and materials of the original windows. 6. Modernize the kitchen (i.e. wiring, plumbing, and flooring). All new expanded cabinetry shall match existing. 7. Upgrade the existing garage for modern vehicles. This would include raising the roof and increasing its size. 8. Landscape the grounds (street yards and interior court yards) with period appropriate landscape design and materials. Install automatic irrigation system. 9. Replace the pedestrian walkway from the Osos Street public right -of -way to the front entry porch. 10. Replace exterior lighting with period light fixtures, to the approval of the Community Development Director. 11. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and rep_ air of exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. OWN RS �Aimes Duenow Date Diane Duenow Date END OP DOCUMENT