HomeMy WebLinkAboutD-1889 1318 Pacific Street Recorded 05/25/2011•
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 RODEW�
San Luis Obispo C Clerk/Recorder
Recorded at the request of
Public i
Doc # : 2011024936
Titles: 1
Fees
Taxes
Others
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 27383.
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC
BUILDING LOCATED AT 1318 PACIFIC STREET, IN THE CITY AND
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC BUILDING
LOCATED AT 1318 PACIFIC STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this fl ay of ' 2011, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referrecHo as the "City "), and Thom.
Brajkovich and Mary Kay Harrington (hereinafter referred to as "Owner "), and collectively referred to
as the "parties."
Section 1. Description of Preservation Measures. The Owner, 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 building
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development. Director or his designee.
b. 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 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; 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 building is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and /or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the 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 building located at
1318 Pacific Street, San Luis Obispo, California, Assessors Parcel Number 002 - 342 -010, 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 Sari Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Thom Brajkovich
Mary Kay Harrington
1318 Pacific 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.
•
C.
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 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 Owner have executed this agreement on the day and
year written above.
CITY
LUIS OBISPO
ATTEST:
Elaina Cano, City Clerk
APPROVED AS ORM:
CShPristineDietrick, ity Attorney
ALL SIGNATURES MUST BE NOTARIZED
Date
5-11 c� /
Date
Date
0 0
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR LOUSIANA CLAYTON DART
HOUSE LOCATED AT 1318 PACIFIC 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 1318 Pacific 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 Ordinance and the Secretary of the Interior's Standards for the
Treatment of Historic Properties:
a. Repaint the complete exterior of the house traditional craftsman colors
b. Continue a high level of maintenance to the building's exterior and grounds, as evidenced by
periodic repair 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.
c. Maintain roofing in good condition.
d. Repair or replace windows as necessary; replacement windows shall match the architectural and
material standards of the original windows.
e. Repair any termite damage as required.
f. Rebuild rear dormer to match the dormer on the front of the house.
g. Build gate at the end of the driveway with period correct design and materials.
h. Complete landscaping in front and rear yards compatible with historic character of building.
Date
Date/
State of California
County of San Luis Obispo }
On May 17, 2011 , before me, Laurie L. Thomas, Notary Public ,
ate Name and Title of the officer
personally appeared, Thomas G. Bra'kovich ,
Name of igner s
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person 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 aa"1-4L Z �—�
Signature of otary Public
State of California }
County of San Luis Obispo }
LAURIE L. THOMAS
Commission # 1791185
Notary Public California
= San Luis Obispo County
M Comm. Ex ires Feb 14, 2012
Place Notary Seal Above
On May 17, 2011 , before me, Laurie L. Thomas Notary Public ,
Date Name and I e of oft e Qfflcer
personally appeared, Mary Kay Harrington ,
Name oigner(s
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument. .
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 o-ty �
Signature of Notary Public
LAURIE L. THOMAS
Commission 0 1791185
= Notary Public - California z
San Luis Obispo County
MY Comm. Expires Feb 14, 2012
Place Notary Seal Above
Cit0 y of SAn Luis OBISPO
990 Palm Street, San Luis Obispo, CA 93401 -3249
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On May 25, 2011, before me Elaina Cano, City Clerk, personally appeared Jan Marx, Mayo,
CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the
person whose named is /n subscribed to the within instrument and acknowledged to me that
nshe /thee! executed the same inVs /her /thcdauthorized capacity(i #5, and that by /her /tho
signature on the instrument the person, or the entity upon behalf of which the person
acted, ex cuted 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 -�-
City Clerk
(Seal)
EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
�` Telecommunications Device for the Deaf (805) 781 -7410.
CERTIFICATION
I, Sue Chippendale, Deputy City Clerk, do hereby certify that the foregoing is a true
and correct copy of Resolution No. 10260 (2011 Series) adopted by the San Luis Obispo City
Council at a Regular meeting on Tuesday, May 3, 2011.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATE:
ue Chippendale
Deputy City Clerk
L
i
�EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
` Telecommunications Device for the Deaf (805) 781 -7410.
0 0
RESOLUTION NO. 10260 (2011 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN HISTORIC
PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND OWNERS OF A DESIGNATED HISTORIC RESOURCE AT
1318 PACIFIC STREET, IN SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis'Obispo is authorized by California
Government Code Section 50280 et 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 thereon, located on Assessor's Parcel
Number 002 - 342 -010, located at 1318 Pacific Street, San Luis Obispo, California 93401, also
described as the Louisiana Clayton Dart 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 a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Ordinance; 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. seq. of the Revenue
and Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 28, 2011, to consider a request by Thom Brajkovich and Mary Kay
Harrington, owners of 1318 Pacific Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Ordinance.
R 10260
0 0
Resolution No. 10260 (2011 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by .the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council makes the following 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 Louisiana Clayton Dart House located at 1318 Pacific 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 "Historic Preservation Agreement Between the City of San Luis Obispo and the
Owners of the Historic Property Located at 1318 Pacific Street ", and entered into between the
City and owners, Thom Brajkovich and Mary Kay Harrington.
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 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 Vice Mayor Ashbaugh, seconded by Council Member Carpenter, and on
the following vote:
AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and
Mayor Marx
NOES: None
ABSENT: None
Resolution No. 10260 (2011 Series)
Page 3
The foregoing resolution was adopted this 3`d day of May 2011.
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
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