HomeMy WebLinkAbout10-30-2024 Historical Property Preservation Contract (1406 Morro, HIST-0386-2024)HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 1406 MORRO STREET, IN THE CITY AND THE
couNTY oF sAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into trri, ?4 h day of O&W, 2024, by and
between the City of San Luis Obispo, a municipat corporatio; (hereinafter refered to as the
"City'o), and Fred E. Kelley and Sophia P. Kelley, Trustees of the Kelley Family Trust dated April
13, 2005 (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
agrces to undertake and complete, at their cxpensc, the preservation, maintenance, and
improvemcnts measures described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreemcnt shall be cffcctive and
commence upon recordation and shall rcmain in cffcct for an initial tcrm of tcn (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 yer shall automatically be added to the
initial term of this agreement unless written notice of nonrcnewal is served as
providcd hcrcin.
b. If the Owners or the City desire in any year not to rcnew 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 C)wners to the City at least ninety (90)
days prior to the annual renewal date, or servcd by thc City to the Owners at least
sixty (60) days prior to the annual renewal date, one ( I ) 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 Cify may, at any time
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
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1406 Morro Street
Page 2
architcctural form, style, matcrials, dcsign, scale, proportions, organization of
windows, doors, and othcr openings; intcrior architectural elements that arc integral
to thc building's historic character or significancc; cxtcrior materials, coatings,
textures, details, mass, roof line, porch, and othcr aspccts of the appearancc of thc
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 Preseruation 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,
pillats 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 historic
building; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired strucfures such as fences, roofs,
doorso walls, windows; outdoor storage of junk, trash, debris, appliances, or
fumiture 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 incornpatible with, the property's recognized
historic character, significance, and design as detennined by the Community
Development Dilector.
g. Owners shall allow reasonable periodic examination, by prior appointrnent, 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.
I{istoric Preservation Agreement
1406 Morro Street
Page 3
Section 5. Furnishing of Information. The Owners hereby agrcc to furnish any and all
information rcqucstcd by thc City which may be nocessary or advisable to determine compliancc
with thc terms and provisions of this agreemcnt.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth
in Govemment 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 propcrty to deteriorate to the point that it no longer meets the standards for a
qualificd historic property; or if the City detcrmincs that thc Owncrs have failcd 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 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
Govemment Code Section 50286, which states that the fee shall be 12 t/r% of the
full value ofthe 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 fiustrates 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 interior and exterior of the historic property, to determine
Owner's compliance with this Agreement. Throughout the duration of this
Agreement, Owner shall provide all reasonable information and documentation
about the historic property 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 rnail addressed to the address stated in this agreement. lf
such a violation is not conected to the reasonable satisfaction of the Community
Deveioprnent 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 cornmenced within thirty
(30) days and shall thereafter be diligently pursued to compietion by the Owners);
then the Crty rnay, without further notice, declare a default under the terms of this
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1406 Morro Street
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agrcemcnt and may bring any action necessary to spccifically enforcc the
obligations of thc Owners growing out of the tcrms of this agreemcnt, apply to any
court, state or federal, for injunctive rclief against any violation by the owncrs or
apply for such rclief as may be appropriatc.
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 ageement 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 agrccmcnt. No waivcr by the City of any brcach or
default under this agleement shall be deemed to be a waiver of any other subsequent
breach thereof or default herein under.
d. By muhral agreement, City and Owners may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding EtTect of Agreement. The Owners hereby subject the historic building
located at 1406 Morro Street, San Luis Obispo, California, Assessors Parcel Number 003-541-01 7,
to the covenants, reserationsn 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 fofth
herein shall be deemed covenants running 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 agrcement legardless 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:Fred E. Kelly and Sophia P. Kelley, Trustees
The Kelley Family Trust dated April 13, 2005
1323 Mill St
San Luis Obispo CA 93405
Flistoric Preservation Agreement
1406 Morro Street
Page 5
Section 10. General Provisions.
a. None of thc tcrms, provisions, or conditions of this agreement shall be deemcd to
creatc a partnership between the parties hcreto and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be considercd
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
damagc for pcrsonal injurics, including death, and claims for property damagc
which may arise from the direct or indirect usc or activities of the Owners, or from
those of tlreir contractor, subcontractor, agent, employee, or other person acting on
the Owners' behalf which relates to the use, opemtion, maintenance, or
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, reason of the Owners' 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.
This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs ofdefense incun'ed, 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 propefty, 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
reshain 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 attorrey'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 poftions
thereof, shall not be affected thereby.
g. This agreement shall be construed and govemed in accordance with the laws of the
State of California.
c
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1406 Morro Street
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Section 11. Amendments. This agrcemcnt may be amcndcd, in whole or in part, only by a writtcn
rocorded instrument exccuted by the partics hereto.
Section 12. Recordation and Fees. No latcr 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.
THE ST DATED APRIL 13,2OO5
o
E. Kelley,
rof a-o l**
e
S P. Kelley, Trustee
CITY OF SAN LUIS OBISPO
Communi Director
eresa Punington,
AS FORM:
C
81 S"de h9rfq tnrt C-{/ At\,^./
Date
a o L
Pursuant to -authority confened by Resolution I1522 (2024 Series)":*u W-?zY^,*twrp'+ DL ''L'
ALL SIGNATURES MUST BE NOTARIZED
CALIFORNIA ACKNOWLEDGEMENT
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
on OtbbLc
"o[^\
)
rTt€,a
Date of the Officer
personally appea tu
who proved to me on the basis of satisfactory evidence to be the person($ whose
name(ts) is (ere) subscribed to the within instrument and acknowledged to me that he/she
,llf.rry executed the same in his/he#their authorized capacity(ies), and that by his/herA
signature@ on the instrument the person(F), or the entity upon behalf of which the
person(a1 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.GARRETT MCDOVI'ELL
Place Notary Seal Above
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 )
/\A vla Notary Public,
Le,
of
sisnature Canne4* Me N o ' 'l iUoh./ P.rH jC
Signature of Notary Public
on (X-4oVr ,X #o," r", Oql.ne'|l McDo\rrl9l[ , Notary pubric,
Date Name and Title of the Officer
personally appe 0 Ie
Name Signer{Bl
who proved to me on the basis of satisfactory evidence to be the personJ,s| whose
name(df is @re) subscribed to the within instrument and acknowledged to me that helshe
Ithey executed the same in his/her/their authorized capacity(je6'), and that by his/herl
signature(9,| on the instrument the person@|, or the entity upon behalf of which the
person(zf 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 an otqrV ?vbli)c
Signature Notary
o
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GARRETT MCDOT'\GLL
Commi$ion *215571A
Notary Public - Celifornia
San Luie Obispo County
c1taI
Place Notary Seal Above
Historic Property Preservation Agreement (1406 Morro Street)
Comm. Expires JULY 28,2028
CALIFORNIA ACKNOWLEDGEMENT
A Notary Public or other officer completing this ceftificate verifies only the identity of the individual who signed the
document to which this certificate is aftached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on \b\ 30laDad{, before me,0Ao-cc^r, \,0\\burn\z.S , Notary Public,
Date
personally appeared
<J Na}d 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/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 PENALry 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 Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identig of the 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\ao\ aoart , before me,I"f\gc\Nn W\\!ro.nlrs , Notary Public,
\u\z-rr fi qi A/ame and Titte of the Officer
\$v'a U
Date
personally appeared
q) A/arne and Titte of the Officer
S.t-\\r- Sv vrnarn\
.J A/ame 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/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
,fr I.EGATIWILBAXKS6nHh Not.rr Public - Callftrntt(W!ffi s.n L;li obtspo county
w,.,i#rf,ff .13.1T::,'."
sig n atu re Vna^"/'-'fl./+4-I Signature of Notary Public Place Notary Seal Above
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Historical Property Preservation Agreement (1406 Morro Street)
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR THE SNYDER HOUSE
LOCATED AT 1406 MORRO 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 1406 Morro Street.
Character-defining features shall include, butare 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:
. Replacement of roofing matcrials and gutters
' Repair of trim detail (under gutters)
. Landscape maintenance, including trimming of trees
. Interior and exterior painting
. Watcrproofing around claw-footed (original) bathtubs
' Window maintenance
. Interior structural renovations
. General maintenance and upkeep
/o 2-t)2-
hia Kelley, Trustee Date
THE KELLEY FAMILY TRUST DATED APRIL 13, 2OO5
CALIFORNIA ACKNOWLEDGEMENT
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 aftached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
on ocfobec no before me,abtq P Notary Public,
Date
personally appeared FreJ E Y1y1l1f/"ndritte
the
' Name of Signer@
who proved to me on the basis of satisfactory evidence to be the pe whose
nameJs) is (arefsubscribed to the within instrument and acknowledged to me that he/ehe
Ahey executed the same in hislh€#tFeir authorized capacity(ies), and that by 61s6er/
signature{s) on the instrument the person(s}, or the entity upon behalf of which the
person(p) acted, executed the instrument.
I certify under PENALW OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.GARRETT MCDOT,VELT
oLl
Signature
Signature of Notary Publie Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the tndividual 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 ostobef aoth
Date
personally appeared 9o ph) q p Kgfttf"
and ritte of the ofticer
Nitme'of Signer!,tf
who proved to me on the basis of satisfactory evidence to be the person(Ff whose
name(, is (a(l subscribed to the within instrument and acknowledged to me thathe/she
Ith€y execuied the same in #is/her/.{heir authorized capacity$es| and that by his/her/
signature(.sJ on the instrument the person(tl, or the entity upon behalf of which the
personp.) 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.
ILfiowe,,tf N P',,bllc
"{D"t{, before me,0"m*l+ rrAcDor,i/all Notary Public,
6
a.2
GARRETTMCDOWELL
Commission # 2495718
Notary Public - Cslifomia
San Luis Obispo County
Comm. Expires JULY 28,2028
Signature trjo{qry Q,t6;t
Signature Place Notary Seal Above
Historic Property Preservation Agreement (1406 Morro Street)
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