HomeMy WebLinkAboutD-1802 785 Buchon Recorded 11/05/2008•
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 RODEI D
San Luis Obispo ry- clerk/Recorder
Recorded at the request of
Public
Doc # : 2008055696 riles: 1
I Jill 11111111111111111111 Fees
Taxes
Others
j PAID
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 21383.
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 785 BUCHON STREET, IN THE CITY AND COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA
RECEIVED
DEC 0 2 2008
SLO CITY CLERK
AZ
11/05/2008
10:44 AM
Pages: 10
0.00
0.00
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$0.60
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CI'T'Y OF SAN LUIS OBISPO AND THE.OWNERS OF HISTORIC PROPERTY
LOCATED AT 785 BUCHON STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this 1 day of 2008, by and between the
City of San Luis Obispo, a municipal, corporation (hereinafter referred to as the "City" and David
Booker and Jennifer.,M imfield (hereinafter referred -to as "Owners "), and collectively referred;ta.as the
"Parties." _
Section 1. Description of Preservation Measures. The owner, her heirs, or assigns hereby agree v�
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 andin Section 3, be)ow.
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 C- ity -at- least-ninety (90) days prior to the annual renewal date, or
served by the City to thy -Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added -tQ 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, styli,
materials, design; scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are.integral to the bui -din 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.
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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,_ special the 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 agreed to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing constructign 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, appliannes, 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 recognize cter,
d historic chara, 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 wizfi the- terms_and.provisions.ofthis 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 Rurpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government C�odeSection 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 shah,. 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 defhult cannot be cured within thirty '(10) days (provided that acts to cure the
breach or default may be commenced within thirty (3.0) days and shall thereafter be diligently
pursued to completion by the Owner); then the-City may, without further -notice ;Ae-clare a default
under the terms- ofthis agreement,and may brink any. action necessary to specifically errforse he_
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 historicproperties are available to the City
to pursue in toe 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 defauit-hereinunder.
c. B\y 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
785 Buchon Stre_et, San Luis Obispo, California, Assessors Parcel - Number 003 - 536 -004,. 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 ;Owne< 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 theyeof, 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.
U
To City: Community Development Director
City of San Luis Obispo
919 Palm Street,
San Luis Obispo, CA 93401
To Owners: David Booker
M. Jennifer Blomfield
785 Buchon Street
San Luis Obispo, CA 93401
Section 10. General Provisions..
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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 on 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,- s4bcontractor, 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 Regligence or- willful misconduct of C'ity,_. 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 j*operty.
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,
sWccessors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property; whether by operatim 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 ittompY'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 byr the parties hereto.
Section 12. Recordation and Pees. 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
County of San Luis Obispo. Participation in the progrgm 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 WI�EREOF, the City, and Owner have executed this agreement on the day and
year written above..
OWNERS
Davi R. Booker
J 1w
M. Ten fgr mfie d
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
AT ST: /4 W�-4
Audrey Ho o&, Cio Clerk
P D AS TO FO
nathan Lowell, City Attorney
(7
ALL SIGNATURES MUST BE NOTARIZED
[!17, . '%
c�5'C-A0%+'- 30, 2008
Date
Oft
CALIFORNIA ALL_-PURPOSE ACKNOWLEDGMENT
K
State of California
County of ,soy) �4 )5 6,01 5FO
On L I to S before me, SU Zed • �D r �'1 e-
Date J Here Insert Name and Title of the Officer r
personally appeared p Q V l U oo k-e r avid I� . Je ✓i ii IT�e r
Name(s) of Signer(s)
IoM led d
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) re subscribed to the
within instrument and acknowledged to me that
lud&I+e /they executed the same in bieA er /their authorized
capacity(ies), and that by bis►r /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. �Q
Signature ''r A�'LeL
Place Notary Seal Above Signature of Notary Public
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
El /Other-
Signer Is
Number of
Sigpefs Name:
Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:.
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NabonaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876.6827
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
Name of Notar
Y c�z� rri✓ rs ,e � �.�
Name of County 5�9
Date Commission Expires i3,
Commission#
Signature of person (firm name if
any) making verification,
Dates
Location
(City)
State of California
0
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On October 30, 2008, before me Audrey-Ho.oper, 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 persongwhose name,%% is /are subscribed to the within instrument and
acknowledged to me that he /gltef to executed the same in his /lair authorized capacity(Ws),
and that by his /herA rcir signature(won the instrument the persori0o, or the entity upon behalf of
which the personkaacted, 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 _ 4%'a'
ity Cle
a
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II:
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MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 785 BUCHON STREET, SAN LUI 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 785 Buchon Street. Character - defining features shall include, but are not limited to: roof, eaves,
dormers, trim, porches, walls and siding, _ arc*ectural 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. Replace wood due to dry rot on stairs and front and back porch.
b. Renovate attic space in accordance to its character defining historical architectural features,
includmg_period fixtures, wall paper and wainscoting.
c. Regular maintenance_of. *.exterior.. paintIed_ surfaces__ All- painted surfaces- -shall-- be properly
prepared, priiAed and- painted with high quality exterior paints.
d. Maintain the landscape to a high standard by replacing dead or dying plants to keep and
landscaping in a healthy and thriving condition, and maintain all landscaping in a neat and
orderly manner.
e. Complete seismic retrofit upgrades to the extent feasible.
OWNERS
Ir"JIM A (010 i
END OF DOCUMENT