HomeMy WebLinkAbout10-03-2024 Historic Property Preservation Agreement (1133 Pismo Street)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo CA 93401
2A24@28836
Elaina Cano
$gn-lqlg Obispo - County Clerk-Recorderl0lll/2024 03':52 pt'l
SaT,i"ffitfbihe request of :
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This document is recorded for the benefit of the City of San Luis Obispo, a Municipal
Corporation, and recordation without fee is requested, per Government Code $27383.
City of San Luis Obispo
H istoric Property Preservation Agreement
A Historic Property Preservation Agreement between the City of San Luis Obispo and
the owners of the historic Brecheen House located at 1 133 Pismo Street
in the City and County of San Luis Obispo, State of California
(APN 003-545-004)
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 1133 PISMO STREET, IN THE CITY OF SAN LUIS
OBISPO, COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into thls 99 clay of lrtr'bun, 2024, by and
between the City of San Luis Obispo, a municiput *.p-ution ther-einafter referred to as the
"City"), and Christopher David Frago and Heidi A Howland-Frago (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 'oannual renewal $ate"), a year shall automatically be added to the
initial term of this agreement rinless written notice of nonrenewal is served as
provided herein.
b. If the Owners or the City desire in any year not to renew the agreement, the Owners
or the City shall serve written notice of nonrenewal of the agreement on the other
party. Unless such notice is served by the Owners to the City at least ninety (90)
days prior to the annual renewal date, or served by the Cify to the Owners 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 Owners may make a written protest of the notice. The City may, at any ttme
prior to the annual renewal date, withdraw its notice to the Owners of nonrenewal.
d. If either the City or the Owners 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. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building's general
,
Historic Property Preservation Agreement (1 133 Pismo Street)
Page2
architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements thatare 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. The building's interior closely relates to the property's eligibility as a qualified
historic property. The Owners agree 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 wood 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 Owners 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 Owners agree to secure all necessary City approvals and/or permits prior to
changing the building's use or commencing construction work.
e. Owners agree 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 histortc
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 frorn 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 visuall'y incompatible with, the property's recognized
historic character, significance, and design as determined by the Community
Development Director.
g. Owners 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.
Historic Property Preservation Agreement (1 133 Pismo Street)
Page 3
Section 5. Furnishing of Information. The Owners hereby agree 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 Owners have breached any of the conditions of this agreement or has allowed
the property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owners have failed to
preserve, maintain, or rehahilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owners to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owners 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 %% of the
full value of the property at the tirne 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. Prior to entering into this Agreement and every five years thereafter, and upon
seventy-two (72) hours advance notice, Owner shall permit any representative of
the City to inspect of the interiorrand exterior of the historic property, to determine
Owner's compliance with this Agreement. Throughout the duration of this
Agteement, Owner shall provide all reasonable information and documentation
about the historic propertl' demonstrating compliance with this Agreement, as
requested by any representative of the City.
b. 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 Owners, the City shall give written notice of violation to the Owners 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 withirr thirty
(30) days and shall thereafter be diligently pursued to completion by the Owners);
then the City rnay, without further notice, declare a default under the terms of this
Historic Property Preservation Agreement (1 133 Pismo Street)
Page 4
agreement and may bring any action necessary to specifically enforce the
obligations of the Owners 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 mav be appropriate.
c. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not 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 awaiver of any other subsequent
breach thereof or default herein under.
d. By mutual agreement, City and Owners may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building
located at 1133 Pismo Street, San Luis Obispo, Califomia, Assessor Parcel Number 003-545-004,
to the covenants, reservationso and restrictions as set forth in this agreement. The City and Owners
hereby declare their specific intent that the covenants, reservations, and restrictions as set forth
herein shall be deemed covenants runniig with the land and shall pass to and be binding upon the
Owners' successors and assigns in title or interest to the historic property. Every contract, deed,
or other instrument hereinafter executed, covering or conveying the historic property or any
portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject
to the covenants, reservations, and restrictions 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:Christopher David Frago
Heidi A. Howland-Frago
1133 Pismo St
San Luis O6ispo CA %ml
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
Historic Properfy Preservation Agreement (1133 Pismo Street)
Page 5
assigns, nor shall such terms, provisions, or conditions cause them to be considered
joint ventures or members of any joint enterprise.
b. The Owners agree to hold the City and its elected and appointed 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 Owners, or from
those of their contractor, subcontractor, agent, employee, or other person acting on
the Owners' behalf which relates to the use, operation, maintenance, of
improvement of the historic property. The Owners hereby agree to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, re'ason of the Qwners' 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 ofdefense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the CitSr
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 podion of the historic property, whether by operation of law
or in any manner whatsoever.
e. ln the event legal proceedings are brought by any party or parties to enforce or
restrain a violation ofany ofthe 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 additidn to court cogts 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 paft, only by a written
recorded instrument executed by the parties hereto.
t
Historic Property Preservation Agreement (1 133 Pismo Street)
Page 6
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 Owners;
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.
la o /42
Date
fi /oa/Paas\
A.Frago
CITY OF SAN LUIS OBISPO
Development Director
ATTEST:
Teresa Purrington, City
,t./E/za >/
Date
date (
Pursuant to authority conferredJoy \esolution 11511 (2024 Series)
/-rylzr 6.7 i^ rl.t -t'{'n(
,
RM
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Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
,
CALIFORNIA ACKNOWLEDG EM ENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on tclalzozrl , before me,t\ase'r L )rnAlcrson . Nota ry Public,
Date
personally appea
and the Officerrt
Name of Signer(s)
n
who proved to me on basis of satisfactory evidence to be the person(s) whose
name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she
/they executed the same in his/her/their authorized capacity(ies), and that by his/her/
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
of the State of California that the
L. ANDERSON
# 2440698
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I certify under PENALTY OF PERJURY under the laws
foregoing paragraph is true and correct.
VWITNESS my hand and official seal.
=oo.t Notary Public - California
San Luis Obispo County
My Gomm. Expires Mar. 7, 20
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Signature )4-
of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the
document to which this ceftificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on to\ 16,\ ao;rq , before me,
Date
Notary Public,
personally appea
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she
/they executed the same in hisiher/their authorized capacity(ies), and that by his/her/
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 Place Notary Seal Above
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and Title of the Officer
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Historical Property Preservation Agreement (1 133 Pismo Street)
,
GALIFORNIA ACKNOWLEDG EM ENT
A Notary Pubtic or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on rs\ rt \ aoaq , before me,Notary Public,
Date and Title of the Qfficer
personally appea
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she
/they executed the same in his/heritheir authorized capacity(ies), and that by his/her/
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 PERJJRY 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 Place Notary Seal Above
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Historical Property Preservation Agreement (1 133 Pismo Street)
Historic Preservation Agreement (1133 Pismo Street)
Exhibit A
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR THE BRECHEEN HOUSE
LOCATED AT 1133 PISMO STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owners 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 1 133 Pismo 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. Owners agree 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 lnterior's Standards for the Treatment of Historic Properties:
Repair of dry rot damage to wood materials
Replacement of roofing materials
lnterior and exterior painting
Maintenance of windows and wipdow features
Foundation improvements
General maintenance and upkeep
OW
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A Date
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CALIFORNIA AGKNOWLEDG EMENT
A Notary Public or other officer compteting thiscertificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on \D I 3l'Znzq , before me,rs0 Notary Public,L
Date N-ame and Title of the afficer
personally a yl
Name of Signe4s)
who proved to me on t basis of satisfactory evidence to be the person(s) whose
name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she
/they executed the same in his/her/their authorized capacity(ies), and that by his/her/
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
KASEY L. ANDERSON
Commission # 2440698
Notary Public - California
San Luis Obispo County
oI3
c.0
U'WITNESS my hand and official seal.
My Comm. Expires Mar.7, 2027
Signature
p
Signature of Public Place Notary Seal Above
A Notary Public or other officer compteting this certificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On , before me,t Notary Public,
Date
personally appeared
Name of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she
/they executed the same in his/her/their authorized capacity(ies), and that by his/her/
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 Notary Public Place Notary Seal Above
Historical Property Preservation Agreement (1 133 Pismo Street)
END OF DOCUMENT