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HomeMy WebLinkAbout8700-8724RESOLUTIONNO. 8724 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING STAFF TO SUBMIT A GRANT APPLICATION TO THE ROBERT JANSSEN FOUNDATION WHEREAS, the City of San Luis Obispo has.owns and operates the Sinsheimer Baseball Stadium in Sinsheimer; and WHEREAS, the baseball stadium is in need of a new scoreboard; and WHEREAS, the Robert Janssen Foundation is making funding available for community projects; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that staff is authorized to submit a grant application to the Robert Janssen Foundation for $31, 881. Upon motion of Romero seconded by Williams and on the following roll call vote: AYES: Council Members Roalman, Williams, Roalman, Smith 4 Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of S ep t e e 1997.. Mayor Allen Settle ATTEST: nnie Gawf, y Q%rk APPROVED AS 40 Jeffrey forgensen, City Attorney ATTACHMENT 1 R -8724 i" ell �2 RESOLUTION NO. - 8723 (1997 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1998 -99 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR ACQUISITION OF THE FILIPPONI PROPERTY WHEREAS, the People.of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the.State of California for grants to local agencies to acquire and/or develop facilities for public recreational fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of aportion of the program within the state, setting izp necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant. assistance for the Filipponi property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications; agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R -8723 Resolution No. 87231 (1997 Series) Page 2 On motion of Councilmember Romero ---.,seconded by Councilmember William_ s and on the following roll call vote: AYES: Council Members Romeor, Williams, Roalman, Smith & Mayor Sett NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of September , 1997. Allen.K. Settle, Mayo ATTEST: onnie L. Gawf, O Clerle APPROVED AS TO FORM: j' ndc4 6. G&rrtapw 4 Jeffrey G. Jorgensen, City Attorney r ��� ',� C� ^{� /n,UV'`� � _� 1. �Nvvv( . �v RESOLUTION NO. 8 7 2 2 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1105 GEORGE 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. 8589 (1996 Series), establishing a pilot program to implement . General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 573 -015, located at 1105 George Street, San Luis Obispo, California 93401, also described as The Edward F. Bushnell House (Hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8722 Recording RequestF-' BY: City of San Luis t.,ispo When recorded, mail to: City Clerk City of San.Luis Obispo. 990 Palm Street San Luis Obispo, CA 93401 Dau^ No 1991: - 0,55889 1 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 191 RESOLUTION NO. 8722 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1105 GEORGE STREET, IN SAN LUIS OBISPO. Rpt No: 00071777, RF —1 61.00 ;TOTAL_. 61.00 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 573 -015, located at. 1105 George Street, San Luis Obispo, Califomia 93401, also described as The Edward F. Bushnell House (Hereinafter referred to as the °historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City s Historic Preservation Program Guidelines; and . WHEREAS, the City and owner, 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- definirig features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue and Taxation Code. NOW; THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8722 Council Resolution No. 8722 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo.. Upon motion of Romero , seconded by Williams _,and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September , 1997. Mayor Allen K. Settle oiune Ga , Ci. Clerk eslt._ ; APPROVED: Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 1105 GEORGE STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this !1f day of , .1997; by and between the City of San Luis Obispo, a m u cipal corporation (hereinafter referred to as the "City"), and Astrid J. Gallagher, Tie Etal. hereinafter referred to as "Owner "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner, her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement 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 property and its character- defining features, including the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character - defusing 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 commencing work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture. visible from a public way, or any device; decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature. adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement Page 3 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 fora qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner- shall pay a cancellation fee to the State Controller as set forth in Government. Code Section 50286, which states that the fee shall be 12 1%2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property" is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically-enforce, or enjoin the breach of, the terms of the agreement. In the event of a default; 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 Owner, or apply for such relief as may be appropriate. Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1105 George Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest-to the historic property. Every contract, deed; or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted. subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street .San Luis Obispo, CA 93401 To Owner: Astrid J. Gallagher 1680 La Finca Court Arroyo Grande, CA 93420 -6949 Section 10. General Provisions. A. None of the terms, provisions, or conditions of this agreement shall be deemed to create 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. Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by,.reason of the 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. 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. 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. i Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above. CITY OF S LUIS OBIS / Allen . Settle, Mayor ate O R 1115;TZ As id . lagher Date State of California County ofr_ri- +�76. -�i5 dbis�vo On `7/ !%Z9'7 before me, personally appeared 4(a= �• a" ��� T personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) whose name ()O (OcVe subscribed. to the within instrument and acknowledged to me that,(�s)(e /t y executed the same in 1is h)([' /tki.r authorized capacity( s), and that by hi /h)(r/ty(air signature) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. CNDYPUZ commbdon # 1091390 �. Notary R M— CditrAa sa, Oblspo Co�urty Signature CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of !-I County of On — 5� 5/97 before me, �;��- �y P; !�, r�� �-�•� v'� �- Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public ") personally appeared , Name(s) of Signers) ❑personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personX whose name subscribed to the within instrument and acknowledged to me that WeeoWtfXy executed the _ same in F T0tI`Xr authorized capacity(Ws), and that by CINDY P1LG P LgdlVfthXir signature) on the instrument the person(*, Commission 91091390 or the entity upon behalf of which the person(s) acted, .® r Notary Pubc — CafRoria .,on Luis Obspo County executed the instrument. My Coin :, xpiras May 17.2 .1 - WITNESS my hand and official seal. 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: / tai =ter G E=— - � Document Date: Number of Pages: /-7 Signer(s) Other Than Named Above: amt k: - k,�. Capacity(ies) Claimed by Signer(s) Signer's Name: 6-at ❑✓Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator a - El Other: Top of thumb here Signer Is Representing Name: ■ ■i Title(s): 11 Partner — ❑ Li ' ed ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1995 National Notary Association - a236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7194 Prod. No. 5907 Reorder. Call Toll -Free 1- 800 - 876 -6x27 Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1105 GEORGE STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1105 George 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Continue a high level of building and lan scape maintenance, which will entail exterior repainting of the building withinffA years of recording the contract; (si C. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNER o�V C A J. Gall er Date jh/L:mi11sact17.con AHIBIT B �- GALLAGHER P R O P E R T I E S Affordable Housing • Historic Preservation • Real Estate Investment and Development February 6, 1993 Cultural Heritage Committee c/o Jeff Hook, Associate Planner City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Designation of 1105 George Street as a Supporting Historic Structure Dear Members of Cultural Heritage Committee: We would like to have our house at 1105 George Street added to the City's Master List of Historic Structures. The structure is one of the first homes constructed on Terrace Hill (Buena Vista Terrace) during the "Railroad Boom" era of 1901 -1907. The exact date of construction is unknown. The previous owner indicated that it was originally built and owned by a engineer working for the Southern Pacific Railroad. From the attached photograph (the center of a three photograph panorama of San Luis Obispo taken from Terrace Hill; before the Ramona Hotel fire and during the construction of the High School) we can surmise that the structure was in use before 1906. The property was purchased in August 1989 and the interior and exterior were completely renovated. When t1he building was purchased it was in shambles and a eyesore to the community. Potential buyers proposed to demolish the structure and replace it with multi-unit housing. All of the renovation work was done to match the existing structure. Unfortunately, the windows were completely rotted and had to be replaced. The original wood sash windows were replaced with unobtrusive bronzed aluminum framed windows that draw ones attention to the importance of the buildings architectural style and trim without compromising modem needs of energy efficiency and conservation. The original redwood siding was stripped, sanded and repainted. Where the original siding was badly damaged, it was replaced with new redwood siding milled to the exact dimensions as the original. A new porch was added to the structure in keeping with the traditional turn of the century style. A two car garage, earthquake protection improvements and a new foundation are currently being added to the structure and are in keeping with the original character of the home and period. The renovated Victorian style structure is cape cod gray with dusty rose and burgundy accents and was recognized in 1990 with the Obispo Beautiful Associations' Award of Commendation. This building is important to the San Luis Obispo community for the significant historic event and the architectural style that it celebrates. So much of San Luis Obispo County's early Anglo- American history involved the promotion of the railroad through the region. For example, Myron Angel is today best known as the founder of what has become Cal Poly. However, in the late 1890's he was an untiring promoter of the Southern Pacific Railroad. With the advent of the Southern Pacific Railroad began a chain of events that refocused the City on the "Railroad District" as the opperative center of San Luis Obispo. Many buildings were built or relocated to service the needs of the railroad and its workers. Hotels such as the Ramona and Park were built to accomodate tourism and business. Residential structures were converted to boarding houses, rooming houses and sanitariums. This one significant event dramaticly changed the history of San Luis Obispo and that change lasted well through the war years and essentually unabated until the advent of the automobile. 11 �� structure at 1105 George Street was one of many custom homes built in what was probably San Luis Obispo's est "suburban tract ". It was constructed on lots 1 and 2 of Block 5 of Buena Vista Addition to the City of San lbispo which was subdivided on October 20, 1887. 1 Post Office Box 1826 • San Luis Obispo, CA 93406 • Phone: 805/546 -8435 • FAX: 805/546 -0318 The building is an good example of a working man's home of the late 1890's early 1900's. It was conveniently located to the owners place of employment and to this day the railroad engineers park the train only one block away. The land on Terrace Hill was subdivided in anticipation of the railroad. It is significant in its age (pre - 1905) and its relationship to the railroad and the significant impact the railroads had in San Luis Obispo's early Anglo- American history. I _ The structure at 1105 George Street may not be the most important structure in the "Railroad District" but it is a landmark example of the early railroad period. As such we believe that it merits the recognition and protection of historic designation. Thank you for your consideration and assistance. Si Yours, vin . Gallagher enclosures cc Tom Baasch M i J GALLAGHER P R O P E R T I E S Affordable Housing • Historic Preservation • Real Estate Investment and Development December 3, 1993 Cultural Heritage Committee c/o Jeff Hook, Associate Planner City Of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Additional historic information on the Edward F. Bushnell House, 1105 George Street. Dear Members of the Cultural Heritage Committee: Kindly accept the additional historic documentation on the residence at 1105 George Street, which was included on the Master List of Historic Resources as a Type #5 property, on June 1, 1993. At the time of our original application, our historic research was incomplete. In view of the importance of this additional information, we respectfully request that the Edward F. Bushnell House be permanently designated a Primary Historic Resource. In addition, we respectfully request a plaque: Edward F Bushnell House, 1904. In December 1903, Edward F. Bushnell purchased lots 1 and 2, block 5 of the Buena Vista addition to the city of San Luis Obispo from Charles Baugh, a conductor for the Southern Pacific Co. Bushnell, an engineer for the Southern Pacific Co., built his home in 1904, one block from the Southern Pacific train station. He lived there for fifteen years. Some later owners and residents of the Bushnell House were also associated with the Southern Pacific Co. Thank- you for your consideration, Cery sincerel ; Astrid J. G aghe enclosures Post Office Box 1826 • San Luis Obispo, CA 93406 • Phone: 805/546 -8435 • FAX: 805/546 -0318 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION HISTORIC RESOURCES INVENTORY IDENTIFICATION AND LOCATION 1. Historic name: Edward F. Bushnell House 2. Common or current.name: Gallagher Property 3. Number & street: 1105 George Street City: San Luis Obispo Vicinity only: 4. UTM zone: 5. Quad map No. DESCRIPTION 6. Property category: Structure A B Ser. No. National Register Status Local Designation Zip: 93401 County: San Luis Obispo C D Parcel No. 003 - 573 -015 Other: If district, number of documented resources: •7. Briefly describe the present physical appearance of the property, including condition, boundaries, related features, surroundings, and (if appropriate) architectural style. This single -story residence is located within a few blocks of San Luis Obispo's historic Railroad District. Constructed of clapboard siding, the house has a high pitched hipped roof with a gable at the left front side of the dwelling. The house's overall shape is square, set on a raised foundation with a detached, two -car garage to the rear: The roof is composition shingle, with slightly over hung eaves, and fishscale shingles in the gable end, . The front porch extends along the right two- thirds of the house frontage, with turned post roof supports and decorative bracing, with steep steps and decorative balustrade leading to the porch from the street. The house is adjacent to houses and apartments nearby. The house is located in what was originally a part of the Buena Vista Addition and was one of the first homes built around the base of Terrace Hill during the "Railroad Boom" era of 1901 - 1907. the house became seriously delapidated and was slated for demolition. Purchased in 1989, the.new owners (Gallaghers) rehabilitated the structure staying close to its original design and architectural character, with the exception that rotted wood sash windows were replaced with bronze anodized frame windows. The building has been used continuously as a residence since its construction. This Neoclassic Rowhouse was built circa 1906 and typifies the working man's home of the late 1890s and early 1900s. It was built for Edward F. Bushnell, an engineer for Southern Pacific Railroad, and was conveniently located within walking distance of the railroad yard. 8. Planning agency: City of San Luis Obispo 9. Owner & address: Kelly Moreno and Ann McMahon 1511 Mono Street San Luis Obispo, CA 93401 10. Type of ownership: Private 11. Present use: 1-unit dwelling Historic Resources Inventory Page 2 12. Zoning: R -2 (Medium Density Residential) 13. Threats: None. Send a copy of this form to: State Office of Historic Preservation, P.O. Box 942896, Sacramento, CA 94296 -0001 Complete these items for historic preservation compliance projects under Section 106 (36 CFR 800). All items must be completed for historical resources survey information. Historic Resources Inventory Page 3 HISTORICAL INFORMATION 4. Construction date(s): 1906 (est.) 15. Alterations & date: 1990 16. Architect: Unknown 17. Historic attributes (with number from list): 02— Single Family Property 03— Multiple, Family Property 04 —Hotel 06— Commercial Building 1 -3 stories 14— Government Building Original location: Builder: Unknown SIGNIFICANCE AND EVALUATION 18. Context for evaluation: Theme: Neoclassic Rowhouse G,. Date moved: Area: Railroad District in San Luis Obispo Period: 1900 -1910 Property type: Dwelling Context formally developed? The house is significant based on two criteria in the City of San Luis Obispo's Criteria for Historic Designation and National Register Criteria: 1) that the house is associated with important events in the history of'San Luis Obispo, namely the development of the Railroad and surrounding residential district, as one of the first dwellings built in the Buena Vista - Addition — a subdivision which coincided with the Railroad's early development; and 2) that the house embodies the distinctive characteristics of a type, period, or method of construction. The person of significance is Edward F. Bushnell, an engineer for the Southern Pacific Railroad and resident of the home for 15 years. 20. Sources: "The Edward F. Bushnell House ", Historic Evaluation and Recommendation, Astrid Gallagher, 1993. Historic. Preservation Program Guidelines, City of San Luis Obispo, 1987. SLO City Planning Department 21. Applicable. National Register criteria: Type 5 Property (not eligible for the National Register, but significant at a local level). 22. Other recognition: State Landmark No. (if applicable) 23. Evaluator: A. Gallagher Date of evaluation: 1993 24. Survey type: Project Related 25. Survey name: •26. Year form prepared: 1997 By (name): Jeff Hook Organization: City of San Luis Obispo Cultural Heritage Committee i Address: 990 Palm Street j I City & Zip: . San Luis Obispo, CA 93401 -3249 Phone: (805) 781 -7176 jh /L:histinventory2 V DOCUMENTATION OF HISTORICAL SIGNIFICANCE The purpose of this evaluation sheet is to document the reasons 3yhy properties recommended for inclusion on the San Luis Obispo Master List of Historical Resources are in fact historically significant. Specific criteria for "national register consideration" should be identified for all recommended type #4 properties. Property Address: 1105 George Street. Property Use: Residence. Recommended Numeric Ranking: 5 ARCHITECTURAL FACTORS: 1. Style: Is the structure an excellent example of a distinctive architectural style? (An excellent example is a building where the style has not been altered by the introduction of conflicting architectural elements.) Yes X No Is the structure an example of an architectural style seldom seen in San Luis Obispo? _ Yes _X No 2. Design: Does the structure have significant aesthetic appeal because of demonstrated craftsmanship, use of detailing and execution of style? X Yes No Represents archetypical modest, working family's home in SLO around the turn of the century in a residential subdivision. Does the structure incorporate unique details or architectural features seldom seen in San Luis Obispo? Yes X No Was the structure designed by a master architect such as Frank Lloyd Wright? Yes X No (If yes, name person ). Page 2 -- Documentation of Historical Significance 3. Significance of Building Designer Was the structure designed by a person who made significant contributions tot he state or region such as Julia. Morgan? _ Yes x No (If yes, name person ) Was the structure designed by an architect who, in terms of craftsmanship, made significant contributions to San Luis Obispo? Yes x No (If yes, name person ) Was the structure designed by a "pioneer" architect in the city or county? _ Yes X No (If yes, name person, 4. Landmarks Does the structure have a symbolic importance to the community or is it a notable community or neighborhood landmark? Yes x No HISTORICAL FACTORS: 1. Residents or Tenants Was the structure occupied by a significant community leader -- eg. mayor or congressman? Yes x No (If yes, name :person ) Was the structure occupied by a community or public servant who made early, unique or outstanding contributions to important local affairs? Yes _ y No (If yes, name person Was the structure occupied by a person with fame or outstanding recognition at the local, regional, state or national level? Yes X No (If yes, name person ) Page 3 Documentation of Historical Significance Was the structure occupied by a person or persons (eg. families) that made important contributions to the community? Yes X No (If yes, name person(s) ) Was the structure occupied by a business or public agency that made significant contributions to the historical development of the community? _ Yes x No (If yes, identify business ) 2. Historical Events Was the structure or site involved in a landmark, famous, or first -of -its -kind event? Yes x No (If yes, identify. event ) Did the structure or site make unique or interesting contributions to the history of the city (eg. the Chinese- American cultural activities)? Yes X No 3. Historical Context Was the structure directly associated with early, first, or major patterns of local history (eg. the County Museum)? Yes X No Was the structure directly associated with secondary patterns of local history? X Yes No Associated with the devlopment of the Railroad and with suburban development in San Luis Obvispo. Does the structure occupy its original site? X Yes No Prepared By: Jeff Hook, Secretary to the Cultural Heritage Committee Date: May 18, 1993 END OF DOCUMENT RESOLUTION NO. 8721 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND AUTOQUEST INFORMATION SERVICES,, INC., A CALIFORNIA CORPORATION, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 963 BROAD 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 02- 412 -09, located at 963 Broad Street, San Luis Obispo, California 93401, also described as The Mandersheid House (Hereinafter referred to as the "historic property "); and WHEREAS, the City Council of.the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. .. RESOLUTION NO. 8721(1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS, OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND AUTOQUEST INFORMATION SERVICES, INC., A CALIFORNIA CORPORATION, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 963 BROAD 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and d maintenance of historic properties through the Mills Act Program; and WHEREAS,. the owner possesses fee title in and to that certain qualified real property, together with associated strictures and improvements thereon, located on Assessor's Parcel Number 02- 412 -09, located at 963 Broad Street, San Luis Obispo, California 93401, also described as The Mandersheid House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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 I 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. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved: The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner: SECTION 2. 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. I No: 1997 - 055884 Rpt No: 00071772 Recording Requested---- Pity of San Luis Obibpo Official Records :RF -1 37,00 When recorded, mail to: San Luis Obispo Co. : Julie L. Rodewald : City Clerk Recorder : City of San,Luis Obispo Oct 09, 1997 : 990 Palm Street Time: 14:49 ' San_ Luis Obispo, CA 93401 i L 111 ; TOTAL 37.00 RESOLUTION NO. 8721(1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS, OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND AUTOQUEST INFORMATION SERVICES, INC., A CALIFORNIA CORPORATION, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 963 BROAD 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and d maintenance of historic properties through the Mills Act Program; and WHEREAS,. the owner possesses fee title in and to that certain qualified real property, together with associated strictures and improvements thereon, located on Assessor's Parcel Number 02- 412 -09, located at 963 Broad Street, San Luis Obispo, California 93401, also described as The Mandersheid House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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 I 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. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved: The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner: SECTION 2. 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. } Council Resolution No. 8721 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause, this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by wi 1 1 i Am , and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor- Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September , 1997. Mayor Allen K. Settle "4�7`41PYOa, .ATTEST: , onmg`Gaw"ity Clerk PkOVED: WJorCit Attomey HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY O_ F SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 963 BROAD STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this /(o_fii day of -1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Autoquest Information Services, Inc.; A California Corporation (hereinafter referred to as "Owner"), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner; his heirs or assigns hereby agree to undertake and complete, at their expense, the preservation; maintenance and improvement 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 tern 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 property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, 0 Historic Property Agreement Page 2 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 B, 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 tilework or architectural ornamentation,' to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character- defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to commencing 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. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G: Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as maybe necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement Page 3 Section 5. Furnishing of Information_. The Owner hereby agrees to fumish any and all information requested by -the City which maybe necessary or: advisable ..to.determinezompliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following.a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines .that the Owner has breached any of the conditions of this agreement or -has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain; and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed; as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 Owner, or apply for such relief as may be appropriate. Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in-equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 963 Broad Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed; or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owner: Autoquest Information Services, Inc. 1368 Marsh Street San Luis Obispo, CA 93401 Attn: Keith Godfrey 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. Historic Property Agreement page 5 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 an y and all claims or actions for damages caused by, or alleged to have been cause 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. 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. 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. Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this-agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner, however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor Date Date State of California County of ,,�,��. On �7�30 f7% ,,..T- before me, q r-)o4V �2 ' .fs/� personally appeared A4APr� personally known to me (or proved to me onthe basis of satisfactory evidence) to be the personA whose name >6(g7;4 subscribed to the within instrument and acknowled ed to me that /s /t 'Xy oxocuted the same in�l r/t it authorized capacity(i s)� and that by is hX/t%ir s' a ure ) on the instrument the personN) or the entity upon behalf of which the persote , ex ' ument. WITNESS my hand and official seal. Signature r �♦ UNDY PILG C :cmmLslon 9 1091390 Notary Pubffc — CaOonyp a.�,.l icy Qb1spo COLVIly My R - kesMM .?Itonl7 [_— - STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO � ss_. Son Luis obhpo Cou" On this 2nd day of October, 1997, before Mycorrm Wes Mar 17.2= me., a Notary Public in and for said State, personally appeared Keith Godfrey and Kathy Freeman- Godfrey, known to me to be the persons whose names subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument... WITNESS my hand and official seal. NOTARY PUBLIC Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 963 BROAD STREET, SAN LUIS OBISPO, CALIFORNIA. 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 963 Broad 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 years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects. Owner further agrees to: a. Restore, maintain and preserve the house at 963 Broad Street as shown in approved City plans (ARC MI 4 -97) and to maintain records to verify. costs of preservation repairs and restoration work; b. Match original architectural details in restoration and repair work to the fire- damaged building; c. Replace original porch railings to match existing; d. Repair /replace roof to match existing; e. Submit final building permit plans to the City's Cultural Heritage Committee for a "courtesy review" prior to the start of construction; and f. Submit significant changes to site landscaping to the Community Development Director for review and approval. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. jh1L:mi11sact14.con A/, .T V 01 1 Date EXHIBIT B HISTORIC RESOURCES INVENTORY IDENTIFICATION I. Common name: Pedrotta House 2. Historic name: Manderscheid House /Ser. No. 0003 -04R _ HABS HAER NR _�� SHL Loc= UTM: A 10/712440 3906460 B C p - 3. Street or rural address. 963 Broad Street 4 City San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 02- 412 -09 5. Present Owner: Pedrotta, J.A. ,_ et al`. - 963 Broad Street Address: - City _ San Luis Obispo. Zip 93401 Ownership is: Public.. Private X 6. Present Use: Residential Original user Residential D_ ESCR IPTION 7a. Architectural style: Italianate 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This T -plan house has an entry on each of two porches. The larger porch on the Palm_Street side appears to have been the original main entrance. The door is offset on the left with three.double.hung windows. To the left of the porchis a gable facing the street containing the bay window. All windows are 2/2 double hung. The house is.sheathed.with shiplap siding. On the Broad Street side the door is centered with a 2/2 window on each side. The open porch extends from the roof eaves. Shutters adorn the windows and Classic Revival columns support the porch roof with ginger- bread trim. To the rear there is a separate garage /shed structure of the same style, on this large landscaped corner lot. 8. Construction date: Estimated 1890 Factual 9. Architect Unknown. 10. Builder Unknown 11. Approx. property. size (in feet) Frontage 125' Depth 185' orapprox. acreage 12. Date(s) of enclosed photograph(s) December 1982 13. Condition: Excellent %Good Fair_ Deteriorated _ No longer in existence 14. Alterations: 15. Surroundings: (Check more than one if necessary) . O_ pen land _Scattered buildings_ Densely built -up Residential X Industrial —Commercial 16. Threats to site: None known _!Private development_ Zoning_ Vandalism _ .Public Works project Other:, 17. Is the structure: On its original site? Yes Moved? Unknown ?. 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site-) Built between 1886 and 1891 the house at 963 Broad is a somewhat . vernacular interpretation of Neo- Colonial architecture in San Luis Obispo. The building defies any precise style and seems in part to imitate the Italianate Villa in plan and styling from the T -cross gable plan. Many similar looking residences built in San Luis Obispo in the 1880's housed railroad workers and their families. These worker residences reflected the unprofessionally trained carpenter - designed folk building traditions that have been loosely termed ""railroad houses ", not a true architectural category but rather a vernaculat building.rendition. Although the original residents have.not been identified, it is known that Mrs. Catherine Ranson, a widow, lived here in 1904. In 1914, the house was occupied by Richard and Florence Manderscheid. He was conductor on the Pacific Coast Railroad. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture Arts & Leisure Economic /Industrial = Exploration/Settlement Government _ - Military Religion -- - Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates). City Directory (1914) Sanborn Fire Insurance Maps (1886, 1891) 22. Date form prepared JS 2 0 1983 By (name) Hi stnri r Rao _ RnresaY .Staff Organizationritg of Ran Tali c n1,i g6n Address: v_n_ Box 321 - City San- Luis - Obispo Zip 93401 Phone: (80'_S) 541 -1000 Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH END OF DocUMENT RESOLUTIONNO. 8720 (1997.Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND JOSEPH K. MORENO, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1511 MORRO 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03 -538 -010, located at 1511 Morro Street; San Luis Obispo, California 93401, also described as The Martha Dunlap House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic. Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8720 Recording Requested -By: City of San Luis ;po When recorded, mail to:. Doc No: 1997 - 455888 Rpt NO: 00071776 Official Records :RF —1 43.00 San Luis Obispo Co. : City Clerk Julie L. Rodewald : ' City of San Luis Obispo Recorder OGt 09 � 990 Palm .Street , 1 997 San, Luis Obispo, CA 93401 Time: 14:49 ' L 131 :. -TOTAL RESOLUTION NO. 8720 (1 997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND JOSEPH Iy, MORENO, OWNER OF A DESIGNATED HISTORIC RESOURCE 1511 MORRO 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 qualifed historical properties to provide for appropriate use maintenance, and rehabilitation such that these historic properties retain then historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real. property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 538-010, located at 1511 Morro Street, San Luis Obispo, California 93401, also described as The Martha Dunlap House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this agreemeat.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 improventents 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, See. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. sec. of the Revenue and Taxation Code. NOW, THEREFORE„ BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. Dv01nA i 43.00 Council Resolution No. 8720 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by Williams and on the following roll call vote: AYES: Council Members Romero, Williams,..Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September , 1997. r y. L ATTEST: ,bonnie Gave ity lerC k APPROVED: �Iffr/,Ilor en Ce Attorney Mayor Allen K. C� HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 1511_ MORRO STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this �,dday ofL, 1997, by and between the City of San Luis Obispo�,�umcipal corporation (hereinafter referred to as the "City "), and Joseph K. Moreno, et.al.►(hereinafter referred to as "Owner "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner, his -heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement 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 remainnn 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 property and its character - defining features; including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character- defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to commencing work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible With the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement Page 3 Section 5. Furnishing of Information. The Owner hereby.agrees to.furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and . rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller asset forth in Government Code Section 50286, which states that the fee shall be 12 1/2 % of the full value-of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement; the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 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. Historic Property Agreement Page 4 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 iri this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver. of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1511 Morro Street, San Luis Obispo; California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted. subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions,, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owner: Joseph K. Moreno 1511 Morro 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. Historic Property Agreement Page 5 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, 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 cause 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. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants,. reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be 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 by the parties hereto. Historic Property Agreement Page 6 Section 1i. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above. CITY OF SAN LUIS OBI P / Allen K. Settle, Mayor OWNER J ep K. Moreno hate L State of Californiia County of Sar�L..riBObicwo On RI/ _ before me, G.ir- Pi personally appeared R'Jlgv-� G• _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person Do whose name) subscribed to the within instrument and acknowledged to me t-hat,(�/sXe /t ey executed the same in ii h * /thXr authorized capacity(.i, ,S) and that by its li* /th r signatureoO on the instrument the personoO or the entity upon behalf of which the person A acted, executed the instrument. WITNESS my hand and official seal Signature _'l� State of California } County of San Luis Obispo} On September 26, 1997, before me, Diane R.. Stuart, Notary Public, personally appeared Joseph K. Moreno, 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 capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (�Ldd 0,�j Notary Public Capacity claimed by signer(s): 0MCIAL WL DUMFLSTUARr O VXUA tt r CGLOW Np OamnbUon Fip. Aur >:0.>:001 ( x ) individual(s) ( ) corporation (_ ) partnership ( ) attomey -in -fact ( ) Limited Liability Company O N Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1511 MORRO STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1511 Morro Street. Character- defining features shall include, but are not limited tot . 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Repair and/or replace original wood siding and trim on the house and garage; b. Repair windows and replace screens on the house and garage; c. Repair gutters and downspouts on the house and garage; d. Repaint the exterior of the house and garage; e. Repair plumbing and electrical systems in the house and. garage. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNER Moreno jh/L:mi11s=t12.con Date EXHIBIT B (_' l State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION HISTORIC RESOURCES INVENTORY IDENTIFICATION AND LOCATION 1. Historic name: Martha Dunlap House Z. Common or current name: Moreno - McMahon Residence 3. Number & street: 1511 Morro Street City: San Luis Obispo 4. UTM zone: 5. Quad map No. DESCRIPTION 6. Property category: Structure Vicinity only: Zip: 93401 Parcel No. 003 - 538 -010 Other: ri, bcal Dasignation t County: San Luis Obispo If district, number of documented resources: •7. Briefly describe the present physical appearance of the property, including condition, boundaries, related features, surroundings, and (if appropriate) architectural style. This single -story, 1,785 square foot residence is located in the City's "Old Town Historic District', within a few blocks of San Luis Obispo'sDowntown area. Constructed of clapboard siding, the house has a gable roof with composition shingles. Roof eaves are supported by decorative brackets, and a shaped lintel repeats roof lines with small, simple decorative brackets. The unusual paneled front entry door repeats the elephantine design of the front entry columns which support the front porch roof. A rectangular inset of four beveled glass panels is on the upper portion of the door. There is a repeated window pattern of a double horizontal sash window on either side of a large, fixed glass window. One window group is within the recessed porch and one is on the extending front wall. The extending wall inset is crowned with a simple box cornice. The bottom courses of the clapboard siding flair out above the raised concrete foundation around the entire house. The house interior includes all of the typical elements of the Craftsman design, including wood paneling, built -in wood shelving and bookcases, wood ceiling beams and decorative columns, wood fireplace mantle and flanking wood benches, and decorative leaded glass panels. These features are in good condition. A garage built at the same time as the house sits almost at the rear of the lot, at the end of the concrete strip driveway: Its materials and design are consistent with the main house. An addition done in 1987 was done with sensitivity to the Craftsman style, which integrated new work with the original period craftsmanship. The house is located in what was originally a part of the Old Mission Vineyard. Remnants of the vineyard stone wall were in existence into the last half of the nineteenth century, about a block from this property. The site later became part of the Murray and Church's Addition to the City of San Luis Obispo surveyed by H.C. Ward in 1876. The house is located in one of San Luis Obispo's oldest residential neighborhoods, and is adjacent to houses and several small apartment buildings. It has been used continuously as a residence since its construction, and has been well maintained. This Craftsman style bungalow was built in 1916 by W.E. Lyman for Martha Dunlap. This architectural style was popular from 1905 -1925 in California. Typically the interior finish showcased wood with wall paneling, beams, floors, and built -in cabinets and benches. The floorplan was informal and natural with direct entry into the living area that flowed into the dining room. The Craftsman. Bungalow was the first exercise of a truly California style of living (Prentice, 1978). B. Planning agency: City of San Luis Obispo Historic Resources Inventory Page 2 (7 9. Owner & address: Kelly Moreno and Ann McMahon 1511 Morro Street San Luis Obispo, CA 93401 10. Type of ownership: Private 11. Present use: Dwelling 12. Zoning: R -2 (Medium Density Residential) 13. Threats: None. Send a copy of this form to: State Office of Historic Preservation, P.O. Box 942896, Sacramento, CA 94296 -0001' Complete these items for historic preservation compliance projects under Section 106 (36 CFR 800). All items must be completed for historical resources survey information. Historic Resources Inventory Page 3 HISTORICAL INFORMATION 4. Construction date(s): 1916 Original location: Date moved: 15. Alterations & date: 1987 16. Architect: Unknown Builder: W. E. Lyman 17. Historic attributes (with number from list): 02- Single Family Property 03-- Multiple. Family Property. 04 —Hotel 06- Commercial Building 1 -3 stories 14—Government Building SIGNIFICANCE AND EVALUATION 18. Context for evaluation: Theme: Craftsman Bungalow Area: Downtown San Luis Obispo Period: 1900 -1920 Property type: Dwelling Context formally developed? 19. The house is significant based on two criteria in the City of San Luis Obispo's Criteria for Historic Designation and National Register Criteria: 1) that the house is associated with the lives of persons significant in our past; and 2) that the house embodies the distinctive characteristics of a type, period, or method of construction. The person of significance is Martha Dunlap, an English immigrant who achieved business success and prominence in Sam Luis Obispo and Santa Maria, California during a time in history when it was most unusual for a single woman to do so. Second, the house is an archtypical example of the California Craftsman Bungalow, with a purity of style, quality of construction and condition which is exemplary for San Luis Obispo. 20. Sources: -The Martha Dunlap House', Historic Evaluation and Recommendation, Betsy Bertrando, 1995. Historic Preservation Program Guidelines; City of San Luis Obispo, 1987. SLO City Planning Department 21. Applicable National Register criteria: 22. Other recognition: State Landmark No. (if applicable) 23. Evaluator: B. Bertrando Date of evaluation: 1995 24. Survey type: Project Related 25. Survey name. Martha Dunlap Hotel Historic. Survey •26. Year form prepared: 1997 By (name): Jeff Hook Organization: City of San Luis Obispo Cultural Heritage Committee Address: 990 Palm Street City & Zip: San Luis Obispo, CA 93401 -3249 Phone: (805) 781 -7176 jh /L:histinventory END OF DOCUMENT F 5,Y RESOLUTION NO.8 719 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND WILLIAM AND MICHELLE WALTER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1504 BROAD 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. 8.589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 534 -01, located at 1504 Broad Street, San Luis Obispo, California 93401, also described as The Vetterline House (Hereinafter referred.to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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, Recording Requeste" 8y: City of San. Luis l,jispo When recorded, mail tot City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1991- OA5881 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 Rpt No: 00071769 :RF —1 37.00 i ' I i i i -:TOTAL _ _37.00 j RESOLUTION NO. 8719 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND WILLIAM AND MICHELLE WALTER, OWNERS OF A DESIGNATED HISTORICRESO_UR_ CE AT 1504 BROAD 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 534-01, located at 1504 Broad Street, San Luis Obispo, California 93401, also described as The Vetterline House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner„ and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et: seo• of the Revenue and Taxation Code. NOW, THEREFORE_, BE IT RESOLVED by the City Council of the City of San Luis' Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. Mayor Authorized to Sign Agreement for City; The City Council hereby authorizes the Mayor to execute said agreement on behalf of the C_ ounc_il of the City of San Luis Obispo. Council Resolution No. 8 719 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by Williams -,and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman.and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September 1997. Mayor Allen K. Settle jBorriue 6ai B ity Jerk C, C HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1504.BROAD STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this �4 day of d ✓, 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and William S. and Michelle F. Walter (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 improvement 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. R. 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 City 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 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 property and its character- defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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 or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated; deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. 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 Equalizafion, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement 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 asset 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 have 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 rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled 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 12.1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu. of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 within thirty (30) days and shall thereafter be . diligently pursued to completion by the Owners); 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 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 may be appropriate. C, Historic Property Agreement Page 4 B. 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 a waiver of any other subsequent breach thereof or default herein under. C. 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 property located at 1504 Broad Street, San Luis Obispo, California, to the covenants, reservations, 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 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.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 990 Palm Street San Luis Obispo, CA.93401 To Owners: William S. an d Michelle F. Walter 1504 Broad 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. Historic Property Agreement Page 5 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, 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 cause 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. 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. 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. Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded.in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the 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 the Owners-have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor D e /�� William S. Walter Michelle F. -Walter State of California County of .SiCa -r� l- +.r.:50bi5� 501, 3 /9� Date . 3 , 1997 Date On !7/- /V 97 __ before me, personally appeared GLJ *::• —� —_,_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 0Q whose nam-ep<) (jDq><e subscribed to the within instrument an acknowledged to me that, h s)(e /tXey executed the same in Qis h */ t1iX.r authorized capacity ( i�;) , and that by its h * /th�r signature on the instrument the personf,ZCj or the entity upon behalf- of which the persona) acted, executed the instrument. WITNESS my hand and official seal. Signature I@ . CNDY PILG Con nWw i 10PIM WtayKM- \I $ r� AMEBIC } STATE OF CALIFORNIA }ss. COUNTY OF On before me, (or 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 /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official Signature DENISE SIMON COMM. #1131493 —m - Notary Public- Caldomia w San Luis Obispo County N My Comm. Exp. Apnl 7, 2001 (This area for official notarial seal) Title of Document � Set��c� A-Cyr' Date of Document No. of 'FJages Other signatures not acknowledged jn V 3008 (1/94) (General) First American Title Insurance Company C E� Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1504 BROAD 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 1504 Broad 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 implement the following" maintenance program and make the following improvements and/or repairs during the term of this contract; but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: Continue a. high level of building and landscape maintenance, as evidenced by regular repair and repainting of the exterior siding, trim and architectural details; repair of the original wood roof gutters, and caulking of exterior wood joints during the ten year contract. 3. Property shall be maintained in accordance with Zoning Regulations and with the City's Property Maintenance Standards. OWNERS William S, alter Michelle F. Walter jh/L:millsacd Lcon Date f, 1157_ - Date tXHW B ;7) Ser. No. 0009-03R HABS_ HAER NR 3 - SHL Loc- UTIVI: A 10/712800/j905S�40 HISTORIC RESOURCES INVENTORY C 9 D ID_ ENTIFicATiON 1. Common name: Bunker House 2. Historic name: Vetterline- House 3.1 Street or rural address: 1504 Broad Street Cir% San - Luis Obispo Zip 93401 —County- San Luis __Obispo 4. Parcel number:. 03= 5214-01 5. Present Owner: . Bunker, Paul -C.__. Address: 1504 Broad Street City San Luis Obispo zip 93401 Ownership ii: Public X Private 6. Present Use . :,.--Residential —.�Qriginafuse: Residential DESCRIPTION 7a. Architectural style: Queen Anne 7b. Briefly describe the presentphysical description of the site or structure and descri- be any major alterations from its original condition: This large and. elaborate two story corner residence has many decorative features that include the following: corner turret with azhingle and tile bel-1cast roof", round cut-out to serni"enclosed upper floor balcony - revealing Window, several stained glass wi - ndows with ornate mullions. Decorative brackets and stickwork between the first and second floors. The Sid ' e of the house fa6ing Buchon Street reveals further rich details: stained glass and leaded glass windows an _pear around the rear of the structure. Tower windows.have arched tops in stained. glass. A rubble brick Wallis located on the. side Part of the back Yard enclosure. 8. Construction date: Estimated 1896 Factual 9. Architect - Unknown 10. Builder unknown 11.- Approx. property sijo (in feet) Frontage 55 Depth 165' or approx. acreage 12. Date(s) of enclosed photogrzph(s) December 1982 END OF DOCUMENT t J RESOLUTION NO. 8718 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND CAROL ADAMS, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 745 BUCHON 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 534 -17, located at 745 Buchon Street, San Luis Obispo, California 93401, also described as The Bradbury Home (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS; the City and owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue. and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. Recording Request; 3y: City of San Luis.Obispo When recorded, mail to: City Clerk City of San Luis Obispo 990 Palm Street. San Luis.Obispo, CA 93401 ;Doc No: 1997- 055883 Rpt No i Official Records :RF —1 San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 ; Time: 14:49 ; 121 :TOTAL RESOLUTION NO. 8718 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND CAROL ADAMS, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 745 BUCHON 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic -properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real "property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 534 -17, located at 745 Buchon Street, San Luis Obispo, California 93401, also described as The Bradbury Home (Hereinafter referred to as the "historic property); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation.Program Guidelines; and WHEREAS, the City and owner, 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. s . of the Revenue and Taxation Code. NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R_A719 00071771 40.00 40.00 ! Council Resolution No-8718 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero seconded by Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September , 1997. t. Mayor Allen K. Settle a - � •s :ATTEST: ,• 1 Bonnie,Gaw 'Gity CIy I _ C' APPROVED: �"111071n e 11 Vxy Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 745 BUCHON STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this /&tRday of 4" , 997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Carol Adams (hereinafter referred to as "Owner "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner, her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement 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 property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development. Director shall be notified by the Owner of changes to character - defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to commencing work.. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls; windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement Page.3 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 asset forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement. or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic . property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above; the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall.be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement; the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 Owner, or apply for such relief as may be appropriate. c Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.. C. By mutual agreement; City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances, growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 745 Buchon Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants; restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any.no&e 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 990 Palm Street San Luis Obispo, CA 93401 To Owner: Carol Adams 745 Buchon 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. Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent; employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by; reason of the Owner's activities in connection with the historic property; excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of 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. 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. Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San. Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above.. CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor brate OWNER Carol Adams Date State of California County ot�". -, On _ /�d�_97 _ before me, personally appeared A.4 lgF. -2 ,C L , ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person (Q whose name ( pa)e subscribed to the within instrument and acknowledged to me that, (fto s)(e /t)(V-y executed the same in a liyr/tl�o.r authorized capacity( i s), and that by �li /ttiir siynatui a) on the instrument t le person X or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. C04DYPILG CommLzbn # 1091390 Notary Pubic— Caftmb San Lub Obbpo County Signature �_ i�y�atn.smo CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of 4:"_o--j %-�o"'r -�� a- County of _f�Z_. -, j-u4E On V-7 before me, G+ ✓y F'j J9, Date Naii a aad Tltle of 011icer (e.g., "Jarie Doe, Notary Public ) personally appeared Names) of Signer(s) ❑ personally known to me - OR - ❑&¢loved to me on the basis of satisfactory evidence to be the person(X whose name a)* subscribed to the within instrument and acknowledged to me that rAkgWt%y executed the same in f 'thxr authorized capacity(W), and that by )*AghfXr signatureW on the instrument the personpg), C94MPILG or the entity upon behalf of which the personA acted, Commission 0 1091990 -o Notary public - CcbROmin executed the instrument. San Luis Obispo county — M' COMM. EVIM Mar 17.2= WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: r x r A( j R-',) Document Date: - / 19,/`7 -7 Number of Pages: f "/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �V` /-'"mss C ✓rdividual ❑ Corporate Officer Title(s)`. ❑ Partner — ❑ Limited ❑ General • Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Name: ■ Title(s): El Partner— ❑ L ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Cor ❑ Other: Signer Is Representing: ❑ General Top of thumb here 0 1995 National Notary Association - 8236 Remmet Ave., P.O. ft . 7154 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. Call Toll -Free 1- 800 -876 -6827 Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 745 BUCHON STREET, SAN LUIS OBISPO, CALIFORNIA. 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 745 Buchon 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects:. a. Repair and seismically strengthen the living room fireplace within two years of recording the contract. b. Repair or replace the original concrete walkway at front of house, within four years of recording the contract; c. Replace aluminum slider windows with original double hung windows, within six years of recording the contract; d. Upgrade electrical wiring to current standards to alleviate potential hazards, within eight years of recording the contract; e. Repaint the house's exterior, within ten years of recording the contract; 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNER Carol Adams jh/L:nuffi% ct8.con Date EXHIBIT B HISTORIC RESOURCES INVENTORY IDENTIFICATION 1. Common name: 2. Historic name: Bradbury Home ;er. No. 0016 -04R HAGS_ HAER= ` NR SHL Loc_ UTM: A10/721850/.3)05990 8 3. Street or rural address: 745 Buchon Street Cit% San Luis Obispo Zip 4. . Parcel number: 03- 534 -17 C A 93401 County San Luis Obispo 5. Present Owner: Rogoff, J.E. Address. 1343 Marsh Street City San Luis Obispo- Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Neo- Classic ( "Rowhouse ") 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This structure is an altered rowhouse with a recent multi - colored paint job emphasizing horizontal lines. There.is a hipped roof with a front - facing gable and a recessed porch opening on one side of the structure. Triplet double hung windows run on front of the residence. Multi -pane (48- light) windows on the porch are part of an alteration. A wide_ frieze lies below projecting eaves. Solid clapboard sheaths the undersides of the porch ceiling and eaves. The gable has vent flanked by small fixed windows, and covered with fishscale shingles. The front door is painted to blend with newer, contemporary paint, but is older in style, with a large fixed pane. A screen door, also painted to blend, has sawn wood and scroll ornamentation. 8. Construction date: Estimated Factual ' 1910 9. Architect Unknown 10., Builder H.E. Lyman 11. Approx. property size (in feet) Frontage 65' Depth 180' or approx. acreage 12. Date(s) of enclosed photographs) December 1982 13: Condition: Excellent XGood Fair_ Deteriorated No longer in existence 14. Alterations: 15. Surroundings: (Check more than one if necessary) Open land __Scattered buildings Densely built -up -- Residential. X_Industrial _Commercial Other: 16. Threats to site`. None known Private development_ Zoning_ Vandalism Public Works project Others 17. Is the structure: On its original site?--L-Ye-5 Moved? Unknown? 18. Related features: – S16_NIFICANCE 19. Briefly state historica► and /or architectural importance (include dates, events, and persons associated with the site.) Dr. Richard M. Bradbury, a local prominent physician in the teens in San Luis Obispo, built this one stor y 28. 44' wood frame residence in 1910. H.E. Lyman, a local, constructed the house which cost approximately $2430. Two ,years later, Dr. Bradbury had a.sanitarium built on. the lot next door to his. residence. This structure exemplifies the modest and rather loose interpretation of Colonial Revival architecture in what has become known in California as .a single story "Neo– Classic rowhouse ".. Located in the historic Murray and Church distirct which was originally established in 1876, this house symbolizes the aspirations and values of a new professional . class in San Luis Obispo which emerged after the coming of the Southern Pacific Railroad. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 2 Arts & Leisure Economic /Industrial —Exploration/Settlement Government Military Religion Social /Education _l 21. Sources (List books, documents, surveys, personal interviews and their dates). City Building Permits (1910) 22.. D_ ate form By (nam City – Phone: 3ared X-1 17 1983 istoric_Res. SurdeY Staff City - -of San Luis Obispo P.O. -Box -321 _ -- Luis. Obispo ZiP 93401. 805) 541 -1000 Locational sketch map (draw and label site and surrounding 'streets, roads, and prominent landmarks): NORTH ��N END OF DOCUMENT J �) RESOLUTION NO. 87170997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND GREGORY AND IUUSTI LOGAN, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 896 BUCHON 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 0.3- 537 -13, located at 896 Buchon Street, San Luis Obispo, California 93401; also described as The Crossett House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to cant' 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. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic. Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. R -8717 Recording Requester'Ry: City of San Luis l spo When recorded, mail to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1997-";5887 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 RESOLUTION N0. 8717(1997 Series) Rpt No: 00071775 :RF —1 i :TOTAL APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND GREGORY AND KRISTI LOGAN, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 896 BUCHON 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 537 -13, located at 896 Buchon Street, San Luis Obispo, California 93401, also described as The Crossett House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part-5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et, sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement bdtween the City of San Luis Obispo and the owners. SECTION 2. 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. R -8717 40.00 40.00 C Council Resolution No- 8ill (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days =after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of County Recorder of the County of San Luis Obispo. U on motion of Romero , seconded b Williams p y ,.and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES9 None ABSENT,: Council Member- Smith (not participating), The foregoing Resolution was adopted this 16th day of September , 1997. - Mayor Allen K. Settle ATTEST- I/ -' r.= HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 896 BUCHON STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 144day of , 1997, by between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Gregory A. and Kristi _L. Logan (hereinafter referred to as "Owners "), and collectively referred to as the' °parties." Section 1. Descri ption of Preservation Measures. The Owners, their heirs or assigns hereby agree to. undertake and complete, at their expense, the preservation, maintenance and improvement 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 (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 Goverininent 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 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 City to the Owners at least sixty (0) 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 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 property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, to the satisfaction of the Community Development Director or big designee. B. If 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 as oak and mahogany details, pillars and arches, special tlework 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 commencing work. E. Owners agree that property tax savings resulting $om this agreement shall be used for property maintenance and improvements as described in Exhibit A. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated; deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor, storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack ofinaintenance 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. 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 Agreement 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 have 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 rehabilitate the property in the manner specified in Section 4 of thin agreement. If a contract is canceled 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 121 /2 % of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement, B. If the.historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed; as specified in Government Code Section.50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); 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 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 may be appropriate. Historic Property Agreement Page 4 B. 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- 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 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 property located at 896 Buchon Street,. San Luis Obispo, California, to the covenants, reservations, 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 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 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 990 Palm Street San Luis Obispo, CA 93401 To Owners: Gregory and Kristi Logan 896 Buchon 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. Historic Property Agreement Page 5 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, 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 cause 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. 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 broughtby 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. G. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 12. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrunient executed by the parties hereto. Historic Property Agreement Page 6 Section 13. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the 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 the Owners have executed this agreement on the day and year written above. CITY OF SAN LUIS O IS Allen K. Settle, Mayor Date OWNERS G g A. Lo Date Kri i L. g bafe State or Cal.iforniia county of 5..��t- rrc.rs �bisyoe On - /'���17 _ before me, personally appeared Lao Lmr-� Lam. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) whose name Q{) i��p' ke subscribed. to the within instrument and acknowledged to that, S s,* /t1Xy executed the same in ]i 1* /thK.r authorized capacity(ik�), and that by 11 liar /t,P it signature) on the instrument the personoO or the entity upon behalf of which the person04) acted, executed the instrument. WITNESS my hand and official seal. CNyPW Cdii xrftlon i ION= ' Nftry RAft — Colmib .a Signature Gam-- Z—�—�� 7ttrtm CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of / i ,—r , i ex- County of c L-L- -is obi —PF= On `�fft9�'T -y before me, z5t-; 5i �=, r��-T -Y Date ame and Title of Officer (e.g., "JanwDoe. Notary Public") ' personally appeared `-- "3r- Names) of Signers) ' T<eersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) XiMubscribed to the within instrument and acknowledged to me that W/s iey�xecuted the same in N el uthonzed capacity(ies), and that by CINDY PILG I `A/f)6 el signature(s) on the instrument the person(s), commission #1091390 or the entity upon behalf of which the person(s) acted, Notary Pi — Ccromia San Luis Obispo County executed the instrument. My Comm. E1lp!res Mar 17.2000 WITNESS my hand and official seal. 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: -f'- 4- Document Date: "u"M 'I --I Number of Pages: — Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:�`� �-t--� C-- kxfividual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER •. of Name: ■ I Title(s): ❑ Partner — ❑ Li ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Cot ❑ Other: Signer Is Representing ❑ General 9'✓ O 1995 National Notary Association - 8236 Remmet Ave.,. P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder, Call Toll -Free 1- 800 - 876 -6827 Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 896 BUCHON 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 896 Buchon 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Replace unsafe and inefficient furnace with forced air heating, utilizing existing registers in the home, within two years of recording the contract; b. Remove old roofing and install a new roof on the house, within six years of recording the contract; c. Repaint the house's exterior, within 10 years of recording the contract. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNERS Gr ry Lo l3ate ti L. L Date jh/L millsact7.con EXHIBIT B HISTORIC RESOURCES INVENTORY IDENTIFICATION Boatman Home 1. Common name: - oa oa -- r 2. Historic name:. Fred. Cpssett 3. Street or rural address: 896 Buchon Street � N 0027 -04 ,er. o. — HABS_ HAER_ NR c UTM: A i n/7i 3nnn i3909il 0B C D SHL _ Loc—. City San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 03- 537 -13 5. Present Owner: Boatman, J.H. , et al. 896 Buchon - - Address: City San Luis Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Craftsman Bungaloid (two- story) 7b. Briefly describe the present physica/ description of the site or structure and describe any major alterations from its original condition: This Craftsman bungalow has a two-story rising from the center of the roof. Eaves project over exposed rafters.. An asymmetric front door has four lights in the upper third. A major front window.is triplet double hung. Fixed windows and a ten -light door at the right front indicate the porch formerly extended around the side and has been enclosed. The upper floor is approxi- mately half of the lower floor area. House sits over a basement with entry door in the rear. All the windows are two- light.double hung except for fixed panes on enclosed porch. A separate garage in the rear has the same siding. Window awnings are in good condition along with attractive landscaping, which adds to the excellent appearance of the residence.. 8. Construction date: Estimated 1916 Factual 9. Architect Unknown 10. Builder Unknown 11. Approx. property size (in feet) Frontage. 55' Depth 1261 orapprox. acreage 112. Date(s) of enclosed photograph(s) December 1982 13. Condition 14. Alterations: Excellent X Good Fair_ Deteriorated 'D No longer in existence 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings —Densely built -up Residential _Industrial _Commercial Other: 16. Threats to site: None known - Private development_ Zoning_ Vandalism _ Public Works project Other: 17. Is the structure: On its original site ? 1e - Moved? - - Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) The house at 896 Buchon is one of the most striking examples of a two story Craftsman Bungalow in San Luis Obispo. It was built between 1914 and 1918 for Fred Cossett, manager and owner of the Channel Commercial Wholesale Grocery. The house.reflects the Craftsman anti- industrial and counter- Victorian theme and sentiment of organicness and closeness to nature. The very gently pitched eaves, generously projecting with exposed rafters and purlins, triplet windows and window molding are typical features of the bungalow. The asymmetrical cross plan of the gable directions between the first and second stories make an interesting design and add distinct character that significantly differentiates this house from the majority of average, simple, modest, do- it- yourself bungalows found in the city. it is appropriate that this relatively more aesthetically designed bungalow found location in the affluent Murray and Church, old town neighborhood. • o 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1 Arts & Leisure Economic /Industrial —Exploration /Settlement Government . Military . Religion Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates): City Directory (1914) 22. Date form prepared A'A 17 1983 By Historic Res. Survey Staff Organization City of San Luis Obispo Address: P.O. Box 321 City San Luis Obispo Zip 93401 Phone: (805) 541 -1000 Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH END Of DOCUMENT I V RESOLUTION NO. 8716 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1717 SANTA BARBARA 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03 -552 -0007, located at 1717 Santa Barbara Street, San Luis Obispo, California 93401, also described as The William. M. Duff House (Hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San.Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines`, and WHEREAS, the City and owner, 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. sea• of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves . the attached historic, preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -A71 A Recording Requested City of San Luis Obispo When recorded, mail to: City Clerk City.of San.luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No:'1997-055890 Rpt No i Official Records ;RF —1 San Luis Obispo Co. Julie L. Rodewald Recorder ; Oct 09, 1997 Time: 14:49 131 ;TOTAL. RESOLUTION NO. 8716 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1717 SANTA BARBARA 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 552 -0007, located at 1717 Santa Barbara Street, San Luis Obispo, California 93401, also described as The William M. Duff House (Hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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 I 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. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. 00071778 43.00 43.00 Council Resolution No. 8716(1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section. 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20), days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by Williams ,and on the following roll call vote: AYES:Council Members Romero, Williams, Roalman: and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this mayor Anen AT.TES� Y, r� �AY1�R'OV)✓D: Settle 1997. ,1 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 1717 SANTA BARBARA STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 11,14 day of A 9971 by and between the City of San Luis Obispo, a rr�up cipal corporation (hereinafter referred to as the "City "), and Astrid J. Gallagher, Tre Etal r ereinafter referred to as "Owner "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner; her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation; maintenance and improvement 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 property and its character- defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, I 1 Historic Property Agreement Page 2 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 B, 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 tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character- defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling; or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to commencing work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device; decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall. allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Historic Property Agreement Page 3 n Section 5.. Furnishing of Information. The Owner hereby agrees to Punish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section.50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner, shall pay a cancellation fee to the State Controller as set.forth.in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 Owner; or apply for such relief as may be appropriate. Historic Property Agreement. Page 4 B_ . The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or.in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8, Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1717 Santa Barbara Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set.forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City ; Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owner Astrid J. Gallagher 1680 La Finca Court Arroyo Grande, CA 93420 -6949 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. Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the 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. 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. 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. Historic Property Agreement Page 6 Section 12 : Recordation and Fees. No later than twenty (20) days after the parties execute and enter.into this-agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San.Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor G MNW �rl State of California County of �aar+lLe.isOloi.S�d On V/ Q/9'7 _ before me, person lla y appeared A_j /_m+ --,_: �,7 Date personally known to me (or proved to me.on the basis of satisfactory evidence) to .be the person C)o(j whose nam-e %) LD°�* subscribed to the within instrument and acknowledged to ie me that, s /thy executed the same in a hjAC /this authorized capacity(s), and that by its l )(r /tNik signature on the instrument t ie person) or the en ity upon behalf of which the person(` acted, executed the instrument. WITNESS my hand and official seal. aNDVPILG Cortmntdon # 1091M Nako y R'bUc — Caffwdo Signature 6MV i Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1717 SANTA BARBARA STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1717 Santa Barbara 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Driveway repair within six years of recording the contract. b. Continue a high level of building and landscape maintenance, which will entail exterior repainting of the building within seven years of recording the contract; c. Repair or replacement of the roofing within 10 years of recording the contract. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNER As allagher Date jh1L.mi11sact16.con CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of %0.- County of On -7 before me, �:, ��+� �;1�9. ��-f � y P-4-.1, � Date me antl TNa of Oflirsr e. 'Jane.Doe,.NOtary Public ") personally appeared Names) of Signer(s) Crsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persorkt) whose name0f)dgaX subscribed to the within instrument and acknowledged to me that i /tf* executed the same in r)6210 thj(ir authorized capacity(ks), and that by QMyCoCINDY PILG `rl4isgthl*ir signatureN) on the instrument the person(s), rnrn.apbesMcv17.2000 Comm�Ion # 1041390 or the entity upon behalf of which the personkK) acted, Notcryrlbac— Cdttomio executed the instrument. San Uiss Cblspo County WITNESS my hand and official seal. 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: Ex Document Date: _ 8lza44 ev `7 Number of Pages: - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑- 1-tndividual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .p of Name: ❑ Indivl al ❑ Corporak Officer Title(s): ❑ Partner— ❑ ❑ Attomey -in -Fact ❑ Trustee • Guardian or Cor • Other: Signer Is Representing: ❑ General 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800. 876.6827 EXHIBIT B State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION HISTORIC RESOURCES INVENTORY IDENTIFICATION AND LOCATION 1. Historic name: William M. Duff House Ser.:No.. National Register Status Local Designation 2. Common or current name: none 3. Number & street: 1717 Santa Barbara Street ______ City: San Luis Obispo Vicinity only: Zip:, 93401 County- San Luis Obispo 4. UTM zone: A B C D 5. Quad map No. Parcel No. 003- 552 -0007 Other: DESCRIPTION 6. Property category: Structure If district,,.number of documented resources: `7. Briefly describe the present physical.appeararice of the property, including condition, boundaries, related features, surroundings, and (if appropriate) architectural style. The house is.located in a historic residential district near the City's historic,Railroad Square, was fully restored in the early 1990s and is in good condition. 8. Planning agency:. City of San Luis Obispo 9. Owner & address: Astrid J. Gallager, THE ETAL 1680 La Finca Court . Arroyo Grande, CA 93420 -6949 10. Type of ownership: Private 11. Present user Fourplex apartment building. 12. Zoning: R -2 -H 13. Threats: none. Physical description This simple, 2 -story rectangular building has a gable roof with composition shingles, and fis_hscale shingles in the gable end facing Santa Barbara Street. Eave ends have a medium overhang, boxed soffit and a smooth, frieze band below. There is a full width veranda in the front of the house, adjacent to Santa. Barbara Street, covered by a hipped roof supported by turned posts. Centered on this roof is a small gable with fishscale shingles. The porch posts have scrolled decorative brackets at the top. The entry door is centered beneath the porch, and is flanked by single large, double hung windows.. Above the entry porch at the 2n° story are two double hung windows. On both sides of the house are small dormers centered on the roof with a pair of double hung windows on either side. HISTORICAL INFORMATION `14. Construction date(s): 1901 Original location: Date moved: 15. Alterations & date: 16. Architect: Unknown Builder: Unknown n �1 Page 2 Historic Resource Inventory 17. Historic attributes (with number from fist): 02— Single Family Property 03— Multiple Family Property 04 —Hotel 06-- Commercial Building 1 -3 stories 14- Government Building SIGNIFICANCE AND EVALUATION 18. Context for evaluation: Theme: Early Residential Development Area: Old Town Historic District Period: 1900-1910 Property type: Residence 19. Built in 1901 by William M. Duff as his family home, this restored house has predominant Neo- Classical /Queen Anne architectural features and is a good example of "Railroad Vernacular" construction common locally around the beginning of the 201 century. The house was later converted to apartments and was a dilapidated boarding house just before its restoration. It now consists of a fourplex apartment. The Duff House was "ballooned framed' with single wall construction in the interior partitions. The interior spaces were divided into two apartments on the first floor, six rooms on the second floor, a communal bathroom on each floor, and a common kitchen. The first floor has a' brick fireplace with intricate wood molding and corbels below the mantel. The first floor windows and doors have highly decorated trim. The second floor was added soon after the. original single -story cottage was built, as the exterior trim on the dormers and the other upstairs windows match exactly the trim on the first floor. The steep staircase to the second floor is obviously cut into the upstairs floor, and overlaps a doorway trim. It has a redwood banister, with a detailed turned newel post and fluted 2 by 2 balusters. The upstairs windows and door frames have plain trim. Holes for the knob and tube electrical wiring were cut into the second floor above the first floor fixtures. The original outhouse still exists. Mr. Duff was an early grocer and prominent merchant in San Luis Obispo. His "Farmer's Cash Store" was located on the ground floor of the Masonic Temple at 839 Marsh Street. 'Later sold to T. A. and Mary Parsons, the house at 1717 Santa Barbara Street was converted to residential rental use, followed by a succession of owners. Many of the owners were proprietors of small businesses or employees at the nearby railroad yard. When purchased by the Gallagher Family in 1985, the property had become dilapidated and was being used as a transient boarding house. Of historical interest, several old newspapers and magazines dating to 1902,. a private letter from 1942, and bottles and other 100 -year old artifacts have been found during the restoration. Basis for architectural/historical significance: The Duff House is an archetypal example of the "Railroad Vernacular" style of. home building common around the turn of the Century; and the house was associated with William M. Duff, a prominent, early businessman in San Luis Obispo. The City's Cultural Heritage Committee designated the property as a Type 5 property, meaning that it is not eligible for the National Register, but historically significant at a local level. 20. Sources: Astrid Gallagher Sanborn Maps, SLO City Photo Archives, SLO County Historical Museum SLO County Recorders Office San Luis Obispo City Directories, 1904 -1942 Krieger,-Daniel E.; looking Backward into the Middle Kingdom, Windsor Publications, Chatsworth, CA 1988. Page 3 Historical Resource Survey 21. Applicable National Register criteria: n/a 22. Other recognition: City of San Luis Obispo Master List of Historical Resources 23. Evaluator: Jeff Hook Date of evaluation: 7/9/97 24. Survey type: Project.Related 25. Survey name: Cultural Resource Survey; 1982. *26.. Year prepared: 1997 By (name): Jeff Hook Organization: City of San Luis Obispo Cultural Heritage Committee Address: 990 Palm Street City & Zip: San Luis Obispo, CA 93401 -3249 Phone: (805) 781 -7176 END OF DOCUMENT RESOLUTION NO.8 715 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1763 SANTA BARBARA 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03 -552 -010, located at 1763 Santa Barbara Street, San Luis Obispo, California 93401, also described as The Tribune- Republic Building (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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. sect. of the.Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8715 Recording Requeste" ly: City of San Luis (Guispo When recorded, mail to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1991 - "68891 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 [ _ 18] - RESOLUTION NO.8715 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ASTRID GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1763 SANTA BARBARA STREET, IN SAN LUIS OBISPO. Rpt No: 00071779 :RF —1 58.00 i :TOTAL 58.00 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills ActTrogram; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03 -552 -010, located at 1763 Santa Barbara Street, San Luis Obispo, California 93401, also described as The Tribune - Republic Building (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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. M. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. 'The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8715 Council Resolution No. g 715 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero seconded by Williams and on the following roll call vote: AYES: Council Members Romero,, Williams, Roalmana and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September 1997. t. -c ,.+�;• ..'r... ..: -ill` 'i Mayor Allen K. Settle `� _ riiue Gawf, ty Cle l APPROVED:. fWJorJen , C' J Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 1763 SANTA BARBARA STREET, IN THE CITY, AND TIM COUNTY OF SAN LUIS OBISPO; STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this &dday of , 1997, by and between the City of San Luis Obispo; a ipal corporation (hereinafter referred to as the `-'City" ), and m Astrid J. Gallagher, Tre Etal. hereinafter referred to as "Owner "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner; her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement. 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.n 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 50.290 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 priorto 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, style, materials, design, scale, proportions, organization of windows, ii Historic Property Agreement Page 2 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 bu'ilding's exterior; as described in Exhibit B, 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed _above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls; windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. 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. 1 1 Historic Property Agreement Page.3 Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City: which may be necessary or advisable to-determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve; maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller _ as set forth in Government Code Section 50286, which states that the fee . shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section.50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 y violation by the Owner, or apply for such relief as may be appropriate. Historic Property Agreement Page 4 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 inequity whichare.not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1763 Santa Barbara Street, San.Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their.specific intent that the covenants, reservations,: and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed; or other instrument hereinafter executed; covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants; restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owner: Astrid.J. Gallagher 1680 La Finca Court Arroyo Grande, CA 93420 -6949 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. Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials; officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the 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. 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. 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. Historic Property Agreement Page 6 Section i 2 . Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded'in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary , fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO e Allen K. Settle, Mayor Date OWNER AskridIdgallagher Date State of California County of S,a. L_,._..+s tab On _ `P�/ x/9'7 _ before me, c personally appeared . +- rC..are 111. personally known to me (or proved to me on t-he.basis of satisfactory evidence) to be the personX whose name()() is a)<e subscribed to the within instrument and acknowledged to me that, (S sift /tpOy executed the same in us I*/ t-1 )<i.r author. ized capacity (' ) , and that by pis h�r /th)(i.r signature on the instrument the person) or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Signature CWDV PILG CMWrA elon # 1091390 Icy Pubtic — CCdff0M o &M Cb;:oc Coun►Y wq�(c ► �)..: ,:. Mar 17,20M CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of On Z °1 77 before me, Date Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared -T Nanne(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personnnX whose name �9 /(e subscribed to the within instrument and acknowledged to me that YeeoWthX executed the same in *N /tWr authorized capacity(gs), and that by CNN MG jXsjfV"De /thljrsignature(k) on the instrument.the personJX), i Cdftnb or the entity upon behalf of which the person*%) acted, Son Luis obVo Courtly executed the instrument. My Conlrn Expires Mar 17.20oD WITNESS my hand and official seal. 4 -� �. Signatu a 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: l--�-�� r? °*—icy �-1�• (nom Document Date:---7'/-/ / Number of Pages: 1-7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: t -rte -'7-G--1 Gyfhdividual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ` -" El Other: Top of thumb here Signer Is Representing: Name: • In 'vidual • Co ate Officer ❑ Partner- Limited ❑ ❑ Attomey-in- ❑ Trustee ED Guardian or Conse to ❑ Other: Signer Is Representing: Top of thumb here O 1995 National Notary Association - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Cell Toll -Free 1 -800- 876 -6827 Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1763 SANTA BARBARA STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1763 Santa Barbara 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Continue a high level of building and landscape maintenance, which will entail exterior repainting of the building. within two years of recording the contract; b. Repair or replacement of the roofing within 10 years of recording the contract. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNER Asfdd VGallagher ate jh/Lnillsacc9mn EXHW United States Department of the Interior National Park Service National Register of Historic Places Registration Form OMB ft 1024aoia 1 '1.a JUN 1 5 1992 OHP This form is for use in nominating or requesting determinations of eligibility for individual properties or districts. See instructions in Guidelines for Completing National Register Forms (National Register Bulletin 16). Complete each item by marking "x" in the appropriate box or by entering the requested information. If an item does not apply to the property being documented, enter "N /A" for "not applicable." For functions, styles, materials, and areas of significance, enter only the categories and subcategories listed in the instructions.. For additional space use continuation sheets (Form 10.900a). Type all entries. 1. Name of Property historic name _ other names/site number state C.A code r a county-San r.11; s nh; s= n code 0q zip code g.*4anl 3. Classification Ownership of Property Category of Property Number of Resources within. Property private building(s) Contributing Noncontributing public -local district _�� —n buildings ❑ public - State [ site sites [ public - Federal [ structure structures [ object objects Total Name of related multiple property listing. Number of contributing resources .previously _NA listed in the National Register g 4. State /Federal Agency Certification As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this nomination [ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property [meets [does not meet the National Register criteria. 0 S6 continuation sheet. Signature of certifying official State or Federal agency and bureau Date In my opinion, the property meets Ddoes not meet the National Register criteria. El See continuation sheet. Signature of commenting or other official Date State or Federal agency and bureau Park Service Certification t, hereby, certify that this property is: [ entered in the National Register. [ See continuation sheet. [determined eligible for the National Register. [See continuation sheet. ❑determined not eligible for the National Register. [ removed from the National Register. other, (explain:) Signature of the Keeper Date of Action f^ Historic Functions (enter categories from instructions) Commerce/ business Domestic / hotel/ multiple dwelling Domestic/ staff dousing (enter categories from instructions) Late Victorian Cuirent Functions (enter categories from instructions) Domestic/ multiple dwelling Work in progress from foundation Brick walls Wood: redwood clapboard roof Composition roofing other Describe present and historic physical appearance. Please see attached photographs and continuation sheets. [See continuation sheet C �J 8. Statement of Significance Certifying official has considered the significance of this property in relation to other properties: nationally ❑ statewide ❑ locally Applicable National Register Criteria [::]A ®B ❑ C DD Criteria Considerations (Exceptions) ❑ A ® B ❑ C ❑ D ❑ E ❑ F [:]G Areas of Significance (enter categories from instructions) - Agriculture __ Commerce: printing Communication_. Literature Social History Transportation Significant. Person Please see below Period of Significance Significant Dates 1873 =1890s Please see. 1890s =1956 attached chrono logical listing Cultural Affiliation NA - — - Architect/Builder Unknown State significance of property, and justify criteria, criteria considerations, and areas and ,periods of significance noted above. Please see continuation "sheets for chronological listing, historic significance, and significant persons. See continuation sheet Major Bibliographical Referet.. -s Please see continuation sheets. Previous documentation on file (NPS): ❑preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register previously determined eligible by the National Register ❑ designated a National Historic Landmark_ ❑ recorded by Historic American Buildings Survey # recorded by Historic American Engineering.' Record # Qj See. continuation sheet Primary location of additional data: El State historic preservation office .]Other State agencyCaltrans District Of f' © Federal agency Local government KlUniversity Cal.Poly Archives ® Other Specify repository: County-Historical-Museum. Private: owner Acreage of property 9.0656 -----e et: 2897 sci Ft UTM References A 171 13 13. 1 1 A9 Ion .19� -Li e Zbife Easting Northing Zone Eas_ting Northing C W LL L 1 I I I I I I , 1 D I I I I I ,. I I -, 1 1 1 I , J_, I ]See continuation sheet for map Verbal Boundary Description -- - -- The nominated property occupies lot 10, block 176 of the Loomis and Osgood addition. The circumference is: 91.39 x 9.08 x 41.02 x 10 x 63.33 x 42.62; ,{]See continuation sheet for map Boundary Justification From 1904 to 1908 portions of lots 6 and 8, block 176 were deeded to provide a lot for the Tribune - Republic Building, which was moved to Santa Barbara Street in 1905.from its ,previous location on Morro Street. [--]See continuation sheet namehitle Astrid_.) -. _Gallagher organization nwnpr - -n . property dateremined. T,n -o: 1992 _ street 8 number -782 R;%;nA e% Ual 1 eV Rd telephone 701._1_47= NPS Fain 10 -9oo-a (8-W) United States Department of the Interior National Park Service National. Register of Historic Places Continuation Sheet Section 7 Page _]_ Tribune= Republic Building San Luis Obispo County; CA Physical Appearance Summary OAB No. 1024 -0018 The two -story Tribune- Republic Building was built in November,1873, on Morro St. as an inexpensive commercial structure. In 1905 it was moved to the west side of historic Santa Barbara St, one block from the Southern Pacific Railroad Station, in San Luis Obispo, CA. T1us_ building is an excellent example of a Late Victorian Saltbox structure with, redwood shiplap siding, a gabled roof, an enclosed side porch, and a front porch added after the move: the first floor is constructed.of 2" by.8'red ewood joists on 24" centers. The second floor is composed of 2" by 12" redwood joists on 16" centers. The flooring was 1" by 16" fir planking. The building is 2520 sq. ft. There are no significant landscape features within the nominated boundaries;. The exterior of the Triliune- R_enublir Building is in excellent condition and retains its historic appearance�and constructioiL The interior retains its method of construction, however the interior spaces have been rearranged; both before 1905, and a_ fter to accommodate the change in its historic function from commercial to domestic use. Description The two- story .Tribune- Republic Building was built in November 1873, as an inexpensive commercial. structure.. It is the oldest wooden commercial building in San Luis Obispo, CA, and appears today as it Appeared historically. The exterior remains unchanged since the move. from the original location on Morro St. to the current location on Santa Barbara St. The building was 22 ft by 50 ft with 13 ft ceilings, a gabled roof, an outside. rear staircase to an upstairs door, and a 7 ft wide porch along the right side. Sometime after 1905 this porch was enclosed with windows that matched those of the main section. At this time a porch was added across the entire front. The upstairs was one open room with larger, more closely spaced joists designed to support the heavy loads and equipment of the printing presses. This open space. was particularly well suited to the tasks of a press room. The downstairs, with standard construction, was designed for lighter loads and was divided into offices. The office nearest the front door was larger than the rest and had a large door opening. The building retains its original structural form and windows. The first floor is built of 2" x 8" joists on 24" centers. The second floor is composed of 2?' x 12" joists on 16" centers: The original flooring and the upstairs ceiling are 1" x 16" fir planking. The downstairs was divided into offices with lath and horsehair plaster walls. The upstairs studs and exterior siding were painted white on the inside; with V x 8" baseboards along the studs. The upstairs celling planking was painted green. It was divided into rooms at a later date (nails used in this later division are round rather than square as in the WS Form 10 -900 -a (A-88) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section 7 _ Page _2_ Tribune- Republic. Building San Luis Obispo County, CA Physical Appearance (continued) OOhe No. 1.024 -0018 original construction). Much of the original gas lighting pipes are still in place in the ceilings as well as evidence of wire and tube electrical wiring. Exterior walls are composed of 2" x 4" studs on 16" centers with angle bracing and covered with 1" x 10" horizontal redwood clapboard. The exterior window detail and the eaves have an unusual crown molding. The original windows, most of which remain, are double hung single glazed windows using sash bolts and no counterweights. The foundation, dating to 1905, is soft bricks and mortar. The chimney is also soft bricks and mortar. The chirimney was moved with the building from its original location on Morro St..The 2" x 4 "s.used to support the chimney during the move were left in place in the chimney's base. At the front comer there. is evidence of :where the original 1873 porch ended and was later extended around the front of the building in 1905. The redwood lumber used in the. construction was most likely from logs cut on the east side of the Santa Cruz mountains, and shipped from either Santa Cruz or Redwood City, CA to Port Harford (Port San. Luis), and milled locally at one of two small mills. The carved redwood banister would have been milled in San Francisco and shipped in sections. Location The original location of the Tri bune- Revublic Building was Block 104, lot 12 of the Mission Vineyard Tract, and sold October 14,1873, to Tribune publisher H.S. Rembaugh by Bishop Thaddeus Amat of the San Luis Obispo Mission for $192. The lot was located on the north side of Morro St., between Higuera and Marsh Streets. In 1905 lot 12, with several adjoining lots were sold to the. Benevolent Order bf Elks for the construction of their first Hall. At.this time. the building had been used for some 8-9 years as a lodging annex of the Laughery House (a hotel located directly opposite). By 1905 the Tribune - Republic Buis was moved to its present location on the west side of Santa Barbara Street, just one block from the San: Luis Obispo railroad station. The Southern Pacific roundhouse and maintenance yards necessary for adding helper engines ascending the Cuesta Grade were located nearby, seating a great need for lodging for the workers on the Southem Pacific Railroad. In 1905 new lot lines were drawn on lots 6 and 8 of block 176 to accommodate the building on this site. It is currently known as lot 10, block 176. The site is 43' wide by 91' deep tapering in back to a width of 10': total area.is 2897 sq. ft. Restoration The planned restoration will reorganize the interior spaces into three apartments. The building will have a new foundation, new wiring, plumbing, insulation, and any other necessary building requirements to bring it up to code, The rear deck and stairs will be replaced to conform with the health and safety code. The building will retain its structural and historic integrity. The inside staircase and Nas Form 10.9o0-a (B-W) United' States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section L Page _3 Tribune - Republic Building San Luis Obispo County, CA Physical Appearance (continued) . OMB No. 1024-0018 banister, and all the windows will be retained and repaired as well as the original outside redwood clapboard cut to the original dimensions. The owner is duplicating the door seen in a Daily Republic photo from the I880s, photo attached as supporting document. The outside of this historic structure will remain unchanged. !IPS Form lo-eoaa O (8$6) - United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section _$_ Page ._ Tribune- Republic Building San Luis Obispo County, CA Historic Significance umma OLS No. 1024 -0018 The Tribune- Rgmblic Building represents the growing economic development and cultural importance of San Luis Obispo in the late 19th Century, as a mecca for many influential Anglo-American pioneers in California. The early 20th Century change In function and the very move itself is historically significant, reflecting the rise of a new era in San Luis Obispo County from that of a primarily agricultural economy to that of a major regional transportation hub. Thus a new commercial district was added to the town of San Luis Obispo by the tracks of the Southern Pacific Railro_ ad..This area is within the San Luis Obispo Railroad'Historic District Throughout the first twenty years, from November 15, 1813 to late.1891, the Tribune- RenublicBuildin¢ housed the presses and offices of four successive and concurrent San Luis Obispo newspapers, associated with many of the early Anglo-American pioneers in California, and in San;Luis Obispo County. These were the Tribune, owned and published by K S. Rembaugh and W. Muiray, edited by O. F. Thornton; the South Coast, published by Charles L. Woods; the Southern California Advocate, owned by Patrick Murphy and published by Chauncey H. Phillips; and the Daily Republic, owned and published by Charles Maxwell, and Myron Angel. For a short period the building also housed the Tribune Printing Co. From the 1890's to the end of the:steam railroad era in 1956, the Tribune- R=blic.Building has been used as an hotel annex and rooming house: The first change of the building's historic function to domestic use was at its original location, on Morro SL, where it was a part of the Laughery House, and was used by the engineers working on the famous Cuesta Grade of the Southern Pacific Railroad. After fate 1905, when the Tribune- Remrblic Building was moved to its cuirent.location on Santa Barbara SL, the building was occupied by workers on the Southern Pacific Railroad, who overnighted or rested between.shifts, with their residences as far away as Ventura and Watsonville. In addition during World War 13 this building was frequently occupied by U.S. servicemen billeted at historic Camp San Luis. Please see the attached copies of the Sanborn Fire Insurance maps that document the move of the Tribune - Republic Building and also document the change in its historic function from commercial to domestic use. Under Criterion D this building has yielded a number of documents; papers, and ephemerata of great local and regional importance and interest These materials are on deposit at the San Luis Obispo County Historical Museum. These materials provide evidence of the historic significance of the Tribune- Rvrrublic- Building, both before and after Its move. END OF DOCUMENT RESOLUTIONNO. 8714(1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND LORILEE SILVAGGIO, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 752 BUCHON 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program and WHEREAS; the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 533 -14, located at 752 Buchon Street, San Luis Obispo, California 93401, also described as The Stanton Home (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of-San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation. Program Guidelines; and WHEREAS, the City and owner, 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.. se4: of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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. R -8714 Recording Requested. By: City of San Luis C ;pc When recorded, mail to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1991 -f 8783 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 17, 1997 Time: 10:41 [ 12] RESOLUTION N0. 8714 (1997 Serics) Rpt No: 00075003 ;RF -1 40.00 ,TOTAL 40.00 APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND LORILEE SILVAGGIO, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 752 BUCHON STREET, IN SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo is authorized_.byCalifornia 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and d maintenance of historic properties through the Mills Act.Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 533 -14, located at 752 Buchon Street, San Luis Obispo, California 93401, also described as The Stanton Home (Hereinafter referred to as the "historic property");. and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, 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 I of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. 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., 1 611 Council Resolution No.8714 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Rnmern -,seconded by w; 11 ; qTn , and on the following roll call vote: AYES: Council Member Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not, :participating) The foregoing Resolution was adopted this 16th day of September , 1997. Mayor Allen K. Settle o , Gawp, ty C rk HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 752 BUCHON STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this /4ay of , 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Lorilee Silvaggio (hereinafter referred to as "Owner'_'), and collectively referred to as the "parties:" Section 1. Description of Preservation Measures. The Owner, her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement 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 rionrenewal. 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, style; materials, design, scale, proportions, organization of windows, �f Historic Property Agreement Page 2 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 B, 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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 or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures -such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way, or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. 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 Agreement Page 3 Section 5: Furnishing of Information. The Owner hereby agrees to furnish any and all information.requested by the City which may necessary:or advisable to determinezompliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City; following .a duly noticed public hearing by the City.Counc_il 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 fora qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286; which states that the fee shall be 12.1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed; as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce; or enjoin the breach of, the terms of the agreement. In the event of a default, the City shall give written notice of violation to the Owner by registered or certif ed 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 Owner, or apply for such relief as may be appropriate. Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default.herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 752 Buchon Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set.forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic prop_ erty. 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 990 Palm Street San Luis Obispo, CA 93401 To Owner: Lorilee Silvaggio 752 Buchon 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 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. i Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or.from claims for damage.for personal injuries, including death; and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the 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. 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. 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, 0 O Historic Property Agreement Page 6 Section 1-2. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded.in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and the Owner have executed this agreement on the day and year written above. ° CITY OF SAN LUIS Allen IC Settle, Mayor %/ Data WNER / L lee SiivZqV Date State of California County of t�.is ahi� ®a Oil ' '-7-7 _ before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person V) whose name P4) d�PaA subscribed. to the within instrument and acknowledged to me that, ie s )(e /t%ey executed the .same in a h)r /tii)4r authorized capacity( Yes), and that by us rtAr /tf)�ir signature (y) on the instrument the person DG) or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. CpypRG comnhWn t 10"M • Notary PUWc —Co lWft Signature �' -r ..? 2 MY State of California } County of San Luis Obispo) On October 10, 1997, before me, Diane R. Stuart, Notary Public, personally appeared Lorilee Silvaggio, ( X ) personally known to me or ( ) 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 capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary Public OFFICIAL SEAL DIANE R. STUART a NOTARY PUSLM- CAUFORNIA CO!lAAI / 1142689 C SAN LUIS OMPO COUNIY CarmdaalYnFay. Juror 2% OM Capacity claimed by signer(s): ( X ) individual(s) ( ) corporation () partnership () attomey -in -fact ( ) political agency c Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 752 BUCHON STREET, SAN LUIS OBISPO, CALIFORNIA. 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 752 Buchon 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 follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Replace original arbor on west side of house, within two years of recording the contract; b. Repair front porch decking, within three years of recording the contract; c. Replace shingle roof, within four years of recording the contract; d. Repaint the house's exterior, within. five years of recording the contract; e. Repair /protect original curved ceilings, within seven years of recording the contract; 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. O R Oe Si ate jh/L:millsact6.wn FRB; C Ser. No. 0C18 -04R. HAGS_ HAER_ . 06020 NR 4 SHL UTM: A 10/712840/398 Laces HISTORIC RESOURCES INVENTORY C D IDENTIFICATION - 1. Common name: Silvaggio Home 2. Historic name: Stanton Home /Lewin Home 3. Street or rural address: 752 Buchon Cj San Luis Obispo 93401 zip -- County San Luis Obispo 4. Parcel number: 93-533- 14 5. Present Owner: Silvaggio, J.L. and T. , c/o Silvaggio 752 Buchon Josep L. an Lora Address: _ City San .Luis Obispo Zip 93401 OWhership is: Public Private X 6. Present Use: Residential Residential - Original user. DESCRIPTION 7a. Architectural style: Queen Anne 7b. Briefly describe the present physical description of the site or structure and describe any majoralterations from its , original condition:. This two story frame house has a bellcast shaped roof. One gable faces Buchon, one Garden Street. Between, a circular turret runs two stories. A porch runs completely across the front and curves around to the mid- point on the Garden Street side. The porch roof is supported by eleven columns. The porch is shingled while the major portion of the house is sheathed in narrow clapboard. The turret is shingled also. Two lamps at both the front arid .side doors flank the steps to the porch. A granite retaining wall.runs the full length of Garden Street at the sidewalk. The turret contains curved glass double hung windows in both the first and second story. Other outstanding features are the numerous stained glass windows and different types of window openings such as bay, circular, 8. Construction date: Estimated - Factual 1903 -05 9. Architect . Unknown 10. Builder Unknown 11. Approx. property size (in feet) Frontage 85 ' Depth ' or approx. acreage 12. Date(s) of enclosed photograph(s) December 1982 13. Condition: Excellent X Good 14. Alterations: • 1� Fair_ Deteriorated _ No longer in existence 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built -up Residential XIndustrial _Commercial - Other: 16. Threats to site: None known R Private development_ Z_ oning _ Vandalism Public Works project _ Other: 17. Is the structure: On its original site? -Yes Moved? Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) Presently known as the Silvaggio home, this "Victorian Shingle Cottage ", a peculiarly American adaptation of the Queen Anne style with distinct Neo- Classic elements rates as one of the architecturally most impressive homes in San Luis Obispo. It was built between 1903 and 1905 for Edward Stanton, an officer for the Pacific Coast Railroad. His wife, Irene Josephine Dana, was one of eight children of the county's legendary Charles William Dana, an early.Amercan pioneer in the region, both a long time County Clerk and Mayor in 1881. Later ,families associated with the house were those of Moses Lewin, a successful realtor and businessman in the teens and the Manderscheids. Located in the fashionable Murray and Church district, once the "Nob Hill" of San Luis Obispo, the house has several noteworthy architectonic features including the covered porch, curved glass windows (two story cupolas) fronting the porch, the gas street lamps which flank the entrance stairs, and ten stained glass windows (90% of original hand - rolled glass remains). The seventeen room.house is - distinguished by ornate woodwork and original granite curbs. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1- Arts & Leisure Economic /Industrial ? Exploration /Settlement Government 3 Military Religion Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates). "Heritage Homes Tour ", 1982, OTNA City Directory (1914) 22. Date form prepared 21 June 1983 By (name) Historic Res. Survey Staff Organization City of San Luis Obispo Address: P.O. Box 321 City San Luis Obispo Zip 9 Phone: - Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH V, u, EM OR DOCum&g RESOLUTION NO. 8713 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DAVID AND CATHERINE HOLMES, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 591 ISLAY 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 624 -06, located at 591 Islay Street, San Luis Obispo, California 93401, also described as The Sandercock Home (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq.; and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. R -8713 Doc No: 1997 X55885 ' Recording Requeste' By: Rpt No: 00071 773 City of San Luis e. -Zspo Official Records ; RF -1 40.00 When recorded, mail to: San Luis Obispo Co. ; Julie L. Rodewald City Clerk Recorder City of San Luis Obispo Oct 09, 1997 990 Palm Street Time: 14: 49 San Luis Obispo, CA 93401 r in L1 - TOTAL - =40.00 RESOLUTION NO. 8713 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DAVID AND CATHERINE HOLMES, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 591 ISLAY 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. 8589 (1996. Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties.through the Mills.Act.Program; 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 03- 624 -06, located at 591 Islay Street, San Luis Obispo, California 93401, also described as The Sandercock Home (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the,use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et, sea, of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. R -8713 Council Resolution No. 8713 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero _, seconded by williqms and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES- None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September .1997. Mayor Allen K. Settle N, 2 QL� �1 OIIIlIe GaiAi�,,Oty derk tit CJ .,.,,APPROVED: .41 In Jorgerq(qA, C4# Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 591 ISLAY STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is-made and entered into this : ` day of - _, 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and David E. and Catherine T. Holmes (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 improvement 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 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 City 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 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 property and its character - defining features, including`. the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B; 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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 or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character; significance and design, as determined by the Community Development Director: G. 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. �i Historic Property Agreement Page 3 Section 5. Furnishing of Information. The Owners hereby agree to famish any and all information requested by the City which may be necessary or. advisable to d_ etern�iine 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 have 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 rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled 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 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed. with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement: In the event of a default, 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 (3 0) 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 Owners); 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 Owners growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief any violation by the Owners, or apply for such relief as may be appropriate. Historic Property Agreement Page 4 B. 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 a waiver of any other subsequent breach thereof or default herein under. C. 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 property located at 591 Islay Street, San Luis Obispo, California, to the covenants, reservations, 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 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 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 990 Palm Street San Luis Obispo, CA 93401 To Owners: David and Catherine Holmes 591 Islay 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. Historic Property Agreement Page 5 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, 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 cause 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. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and-costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be 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 by the parties hereto. Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed.this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor Date OWNERS David E. Holmes Date Catherine T. Holmes Date State of California County of 56w� L-rw5 ob�5�� On °l// 'Pler-J before me, persona lly appeared —AA=4 IP..-� � . —_personally known to me (or proved to me on the basis of satisfactory evidence) to be the person DO whose name X) (OaA subscribed. to the within instrument and acknowledged to me that,�ie /tXy executed the same in (jii h */ th�Kr authorized capacity(i)<s), and that by pis lXr /tXir signature(`t) on the instrument the persona or the entity upon behalf of which the person% acted, executed the instrument. WITNESS my hand and official seal Signature :AUFOIRN IIA ALL - PURPOSE ACKO' `WLEDGMENT State of 0Z�.� //f ' /) County of SU/ll�C�e �,6'sP � O.n / —/7'7,7 before me, Z�rOA� �� 16rJW dklAe DATE .NAME, TITLE OF OFFICER - E.G.,'JAN O , NOTARY PW personally appeared crW Fs- - a NAME( OF SIGNER(S) personally known to me - OR ❑ proved to me on the basis of satisfactory evidence r to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their JOAN FACKLER ; signature(s) on the instrument the person(s), Comm. #1068822_ or the entity upon behalf of which the 0 - NOTARY Pueuc - CALIFORNIA SAN WIS OBISPO COUNTY 0 person(s) acted, executed the instrument. COWL Exp. July 30, 1999 WITNESS my hand and official seal. OPTIONAL. SECTION No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL "CORPORATE OFFICER(S) *- TITLE(S) — -- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL E] ATTORNEY -IN -FACT TRUSTEE(S) 1 GUARDIAN)CONSER VATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO TIKE OR TYPE OF,DOCUMENT ' 4AI go THE DOCUMENT DESCRIBED AT RIGHT: �rtf . H 1 NUMBER OF PAGES DATE F DOCUMENT / — f 7— Though the data requested here Is not required by law, 11 It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE AIR en k. Se / T/� Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 591 ISLAY STREET, SAN LUIS OBISPO, CALIFORNIA. 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 591 Islay 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 years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Paint, repair and/or replace iron railing on front porch, within 2 years of recording contract; b. Repair original mahogany front door, within 2 years; c. Replace or repair window sashes and/or cords to match original windows, within 4 years; d. Replace original concrete side porch to match original, within 6 years; e. Replace original cloth- insulated wiring with new electrical wiring to meet code, within 8 years; f. Prepare and repaint house and trim to match historic exterior finishes, within 10 years. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNERS 09- 4-1- David E. Holmes (°tr � - 9kzw,,. Catherine T. Holmes jh/L:millsact1con Date July 1�, 19111 Date E HBI • Y HISTORIC RESOURCES INVENTORY IDENTIFICATION 1. Common name: Schewe House 2. Historic name: Sandercock Home Ser. No. _ NABS_ HAER_ NR 5 UTM: A 10/71273(,, -9057 O B C D 0045 -05R SHL Loc_ 3. Street or rural address: 591 Islay City _ .San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 03- 624 -06 5. Present Owner: Schewe, J.L. and D. Address: 591 Islay City San Luis .Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Mission Revival 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: The house at 591 Islay is a one story structure sitting on a small raised foundation. Its predominant style is Mediterranean Mission Revival. The roof is a low pitched gable to the. left and -a flat roof the right. It is covered and trimmed with clay tiles. Directly in the center is a chimney that narrows as it goes up and is capped with a small roof of tile. The walls are plastered with semi- circular moldings -on top of rectangular double hung windows. Windows are multi -paned on top with a large pane below. A small porch is to the right with three arches, two square columns and a metal railing. The door is to the left of the porch and is plain wood with an arch on top. A small plaster wall runs from the porch to the right where there is an arched entry that leads to the back. Overall, the house is well cared for. 1. Construction date: Estimated Factual 1926 -.27 ). Architect Unknown 0. Builder W.J. Smith 1. Approx. property size (in feet) Frontage 140' Depth 135' or approx. acreage 12. Date(s) of enclosed photograph(s) December 1982 13. Condition` Excellent X Go -_ 14. Alterations: Fair_ Deteriorated No longer in existence 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_ Densely built -up Residential X Industrial Commercial Other: 16. Threats to site: None known %Private development_ Zoning - Vandalism Public Works project Other: - 17. Is the structure: On its original site? YeS Moved? Unknown? 18. Related features:. SIGNIFICANCE 11 Briefly state historical and /or architectural importance (include.dates; events, and persons associated with the site.) The house at 591 Islay was built in 1926 -27 for member of the Sandercock family. A one story frame and stucco residence, the house was erected by W.J. Smith, a local contractor, for approximately' $7,000. One of the finer examples of early Mediterranean architecture in San Luis Obispo, this house features the Mission Revival style and, to some degree, Spanish Colonial Revival influence. It is possible that. construction of the Motel Inn in San Luis Obispo about this same time (a Mission Revival motor hotel), influenced the design of this house for the Sandercocks . 20. Main theme of the historic resource: (If more than one is checked, number 1 order of importance.) Architecture Arts & Leisure -- Economic /Industrial —Exploration/Settlement Government Wilitary Religion Social /Education 2 21. Sources (List books, documents, surveys, personal interviews and their dates). City Building Permits (1926) Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH AND OF DOCUMENT JUI'1 13 19 83 22. Date form prep d his By Bname) oric Ites. urvey. btlTf- Organization Citv_of San Luis Obispo Address: P Box 321 -.O. City _ San Luis Obispo Zip 93401 Phone: (805) 541 -1000 Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH AND OF DOCUMENT RESOLUTION NW 12 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND MALCOLM AND MARGARET CARLAW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 461 ISLAY 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 622 -06, located at 461 Islay Street, San Luis Obispo, California 93401, also described as The Erickson House (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. sea. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. R -8712 Recording Requested By: City of San Luis k spo :When recorded, mail to: City Clerk City of San Luis Obispo 990 Palm.Street San Luis Obispo, CA 93401 Doc No: 1997- 055,882 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 RESOLUTION NO8712 (1997 Series) Rpt No: 00071770 RF -1 , , , i ;TOTAL APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND MALCOLM AND MARGARET CARLAW, OWNERS OF A DESIGNATED HISTORICRESOURCE AT 461 ISLAY 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 itse, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, 'the City Council has adopted Resolution No. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation; restoration and maintenance of historic properties through the Mills Act Program; 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 03- 622 -06, located at 461 Islay Street, San Luis Obispo, California 93401, also described as The Erickson House (Hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2.. 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. R_R719 37.00 - -- 37.00 Council Resolution No.8 712 (1997 Series) Page 2 . SECTION 3. Environmental Determination. The City. Council has determined that this - historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by Williams ,.and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September- ; 1997. Mayor Allen K. Settle t ATTEST': y . Y jonnmi5''d'a ityZlerk APPROVED: Jor en , Ci Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 461 ISLAY STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this day of 1997, by and between the City of San Luis Obispo, a- municipal corporation (hereinafter referred to as the "City"),. and Malcolm and Margaret.A. arlaw (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 improvement 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 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 City 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 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 property and its character- defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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 or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. 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 Agreement 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 have.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 rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled 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 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 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 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 may be appropriate. Historic Property Agreement Page 4 B. 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 a waiver of any other subsequent breach thereof or default herein under. C. 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 property located at 461 Islay Street, San Luis Obispo, California, to the covenants, reservations, 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 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 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 later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owners: Malcolm and Margaret A, Carlaw 461 Islay 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. A MID-STATE BANK rAY.TFnRNIA ALL-PURPOSE ACKNOWLEDGMENT State of 'k OA C��lrtD� County of J(,tv� (j6 l SeO On Z kAj 1 "Tc i 9 Q1 before me, DO-,(\t>- �t�uc� �U � i;� , personally appeared Date Name, Tale of Officer (e.g., Jane Doe, Notary Public) makcolc..t['ar1aw a personally known to me - OR - [ LTproved to me on the Name(s) of Signer(s) basis of satisfactory evidence to be the persona whose name(s) Ware subscribed to the within instrument and acknowledged to me that *3W /they executed the same in )k1hzWtheir authorized capacity(ies), and that by hisf�/their DANA M.BMII M signatures) on the instrument the person(s), or the entity upon DO""0" 10� Notary PubAC — Ca9fOtnfO behalf of which the person (s) acted, executed the instrument. p g San Bemardino County My comm Exwtres.bn 1•20M WITNESS my hand and official seal. Signature of Notary ::OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [ ] Individual [ ] Corporate Officer Titles) Title or Tjpe of Document [ l Partners) [ J Limited [ J General Number of Pages [ ] Attorney -in -Fact [ ] Trustee(s) [ j Guardian/Conservator Date of Document [ ] Other: Signer(s) Other Than Named Above Absent Signer (Principal) is Representing: Name of Person(s) or Entiry(s) MS -350 (06194) _ Q i i 1 Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner-, however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Allen K. Se e, Mayor Date OWNERS Malcolm Carlaw bate argaret A. Carlaw Date State of Cal.irornia County of�- .w.�+�- �.�+sobis On -7 /°l 97 -- before me, personally appeared k :e_, _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person OQ whose name W) (fDa* subscribed. to the within instrument- and acknowledged to me that, 4S�)/s * /tjXy executed the same in (j►i h�k/thylr authorized capacity(1)6), and that by its hK /th )(ir signatureK) on the instrument the personX) or the en .ity upon behalf of which the person) acted, executed the instrument. - WITNESS my hand and official seal. ]� CINDYPIIG Commi ^,ion # 1091390 y Notary Pu!— CaUO Signature Cb�suo County my F7¢ u z Mar 17.2MD Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPER'T'Y LOCATED AT 461 ISLAY STREET, SAN LUIS OBISPO, CALIFORNIA. 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 461 Islay 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 years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic .Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Prepare and repaint the house; b. Repair the foundation and woodwork associated with the front porch; c. Repair the extensive molding, architectural hardware and scrollwork in the interior of the house. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. CG1hr/�hl:%y Malcolm Carlaw Ma> aret A. Carlaw jh/L:millsact1con 7 Date Date EXMtr B ^ HISTORIC RESOURCES INVENTORY IDENTIFICATION I. Common name: Home 2. Historic name: Erickson. �I No Se . r: NABS_ HAER r. _. UTM: A10/7 560/3905620 g C D 0041 -04R SHL _ Loc_ 3. Street or rural address: 461 Islay Cites San Luis Obispo ?'p County 93401 San Luis Obispo 4. Parcel number: 03- 622 -06 k 5. Present Owner: _._ Osborne, Duncan L. 461 Islay - Address: City San Luis Obispo Zip 93401 Ownership is: Public Private K 6. Present Use: Residential Residential -- Original use: DESCRIPTION 7a. Architectural style: Queen Anne 7b. Briefly describe the presentphysica/ description of the site or structure and describe.any major alterations from its original condition: The two story rectangular house at 461 Islay rests on_.a raised brick foundation. The multi - gabled composition shingle roof displays wood gutters set 12" up on the roof.. The steeply pitched gables have ornately decorated boxed cornices with frieze. A large projecting gable tops a large bay window to the right.of the front door. Bay windows are slanted with boxed cut -away corners. There is a gabled dormer above the door and a multi- hipped gable projecting on.the left. This gable tops an open porch that duplicates the -shape of the bay window on the right. Turned porch posts support the porch roof with spindle details above and ornately decorated _panels supporting the porch railing. The siding is fishscaling.above separated by dentil's and fascia.. Featured are geometric patterns of colored glass on the top pane of double hung windows. Projecting brackets in a dentil pattern support and trim windows in the gable. The off- center front door is multi -panel below with a geometric multi -pane glass panel and a transom or multi- colored glass. A concrete wall encircles the lot and palm and pepper trees compliment _the _ho_use.. 3. Construction date: Estimated 1900 Factual 3. Architect Unknown 0. Builder Unknown ( 1. Approx. property size (in feet) Frontage 125 Depth .1_/0' or approx. acreage L 2. Date(s) of enclosed photographs) 1 December 1982 13. Condition: Excellent _Goud Fair X Deteriorated. No longer inexistence 14. Alterations: 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built -up Residential X Industrial Commercial Other: 16. Threats to site: None known _X—Private development_ Zoning Public Works project Other: Vandalism 17. Is the structure: On its original site? Yes Moved?— Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and.persons associated with the site.) Embellished with a variety of Victorian decoration, the house at 461 Islay stands out noticeably. It is a late Queen Anne Victorian structure with some Neo- Colonial influence in the porch and pedimented gable. Especially conspicuous are the spool and spindle detailing under the "pyramidal" shaped porch roof, turned posts around the porch and a decorative porch railing characteristic of Eastlake motifs. The shingling in the gable, stained glass mullion, coffered panels under the gable, perlins projecting above the gable and dormer windows, and,bargeboard appliques are likewise elements of Queen Anne architecture. The house was built about 1900. Mrs. George T...Walters, wife of a trainmaster, lived here in 1904. In 1914, the house was occupied by the Joseph Renetzky family, a shoedealer who had a business downtown at 770 Higuera. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1 Arts & Leisure Economic /Industrial —Exploration/Settlement Government - _ Military Religion Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates). City Directory (1904,(19114,,Y Sanborn Fire Insurance Maps (1891, 1903) 22. Date form prepared JVJ I 1 1983 By (name) Historic Res. Survey Staff Organization City of San Luis Obispo Address: P.0'.Box 321 City San Luis Obispo Zip 93401 Phone: - (605) 541 -1000 Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks):. NORTH t, END OF DOCUMEW RESOLUTION NO. 8 711(1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ROBERT J. AND JO -ANN SCHRAGE, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1167 MARSH 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 02- 445 -09, located at 1167 Marsh. Street, San Luis Obispo, California 93401, also described as The Graves Residence (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners; for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec_.. 439 et.. seg. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. R -8711. Recording Requested By--, city of San Luis Obisl,�' When recorded, mail to: City Clerk City of San.Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1997 - 05966 I Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 09, 1997 Time: 14:49 RESOLUTION NO. 8711(1997 Series) Rpt No: 00071774 ;RF -1 40.00 ;TOTAL 40.00 APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ROBERT J. AND JO-ANN SCHRAGE, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1167 MARSH 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 02- 445 -09, located at 1167 Marsh Street, San Luis Obispo, Califomia 93401, also described as The Graves Residence (Hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12; Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. 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. Council Resolution No. g 711 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter.into said agreement,. the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo.. Upon motion of Romero , seconded by Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was ai `.' ATTEST:- $ , GawfGity C rk AP�R�V ED: - o Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1167 MARSH STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 4day 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Robert J. and Jo -Ann. Schrage (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 improvement 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 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 City 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 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 property and its character- defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, Historic Property Agreement Page 2 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 B, 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 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 as oak and mahogany details, pillars and arches, special tilework 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 commencing 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 or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. 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 Agreement 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 have 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 rehabilitate the property in the manner specified in Section 4 of this agreement: If a contract is canceled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property 8 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 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no.fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, 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 within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); 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 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 may be appropriate. Historic Property Agreement Page 4 B. 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 a waiver of any other subsequent breach thereof or default herein under. C. 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 property located at 1167 Marsh Street; San Luis Obispo, California, to the covenants, reservations, and restrictions as 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 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 agreement regardless of whether such covenants, restrictions, and reservations are setforth 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 990 Palm Street San Luis Obispo, CA 93401 To Owners: Robert J. and Jo -Ann Schrage 1167 Marsh 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. I j i Historic Property Agreement Page 5 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, 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 cause 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. 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. 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. n � Historic Property Agreement Page 6 Section i2:. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San-Luis Obispo. Participation in the program shall be at no cost to the 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. CITY Allen K. OWNERS 2r -� Roob (rtt J. Schrage Jo -Ann Schrage State of California County of SAr� L�s chispRe On :�//8/`7—/ - before me, personally appeared A-4 Jjpr_k::�. Date � /�P / ?� Date 7,-1 r �/ 7 Date _ personally known to (or proved to me on the basis of satisfactory evidence) to be the person (A) whose name (4) (04(e subscribed to the within instrument and acknowledged to me that, (SM(e /t1Xy executed the same in lis lid^ /tWi.r authorized capacit-y(>�s), and that by us 1� /t4cr signature N) on the instrument the person(X) or the entity upon behalf- of which the person) acted, executed the instrument. WITNESS my hand and official seal. CINDYPItG COMMIMIM 9 1091390 -s Signature Notary Pub9e — CdCanla l �ylS�Yispo C«irdy Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1167 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1167 Marsh 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 implement the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Paint front trim and doors, including garage and breezeway, within two years of recording the contract; b. Repair roof and flashing around chimney, within three years of recording the contract; c. Repair gutters, within two years of recording the contract; d. Repair brickwork/grouting on front building elevation, within four years of recording the contract; e. Repair and/or upgrade electrical system, within four years of recording the contract; f. Repaint all exterior stucco and trim, and recaulk windows, within six years of recording the contract; g. Replace rear basement door with original style door to basement, within eight years of recording the contract; h. Replace original roof, within ten years of recording the contract. .3. Property shall be maintained in accordance with Zoning Regulations and with the City's Property Maintenance Standards. OWNERS Rob J. Schra a Date U�3 ? -l8 -y% V. Jo -Ann Schrage Date jh/L:millsactl0.con EBR B r. N o. 0061 -0:R HABS_ HAER NR SHL _ Loc_ UTW A 10/713110/390661Z� HISTORIC RESOURCES INVENTORY C D - IDENTIFICATION 1. Common name: Z. Historic name: Graves Residence 3. Street or rural address: 1167 Marsh Street City San Luis Obispo Zip 93401 County San_ Luis_ Obispo 4. Parcel number: 02- .445 -09 5. Present Owner: Graves, B.H. Address: 1167 Marsh City San Luis_ Obispo Zip93401 Ownership is: Public Private X 6. Present Use:. Residential Original use: Residential DESCRIPTION 7a. Architectural style: Swiss Alpine /Period , Revival 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from'its original condition: This rectangular one story wood frame structure is built on a raised foundation. The high gabled roof has a louvred ventilator in one gable and the garage gable faces adjoining business buildings. The roof is composition shingles. The projecting roof edge has a 2x4 trim. The outside' finish is stucco. The windows are. rectangular. The large front window has a small shed overhang and has three panels with .leaded diamond panes. The. side window is smaller. Two panels are leaded diamond panes also. The door is around the corner from frontsurface. Door is slightly recessed with 2x6 panels, and has plain molding top and bottom. The area in front of building is_bricked sidewalk. There is.a chimney and a breezeway between the house and garage. 13. Condition: Excellent X_Good Fair_ Deteriorated No longer in existence -- 14. Alterations: 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built-up Residential X Industrial _Commercial X Other: 16. Threats to site: None known X Private development_ Zoning _ Vandalism Public Works project _ Other: 17. Is the structure: On its original site? Yes Moved? Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) This stately building was probably constructed in the late 1920's or 1930's during an era when the Tudor Revival style became fashionable for affluent residents of San Luis Obispo. Period Tudor Revival styles were in part attempts to emulate medieval English cottages. These designs offered a sense of escapism during the Great Depression for those who could afford picturesque designs for their habitats. Many such homes constructed, in San Luis Obispo during this era were the residences of Cal Poly faculty and administrators. This particular house, however, was constructed for Lester H. Graves, an automobile distributor. Built in 1929 -30, the 28 x 34' frame and stucco residence cost approximately $4000. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1 Arts & Leisure Economic /Industrial —Exploration /Settlement Government Military Religion Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates). 22. Date farm prepared June 30, 1983 By (name) Hi c;-nri r Rac Survoy Sraff Organization ri *Ir of can r n; c nh; Gan Address: p n nner '41)1 City Gan L.ni g Obispo 7!p-93401 Phone: (Pori) ridi –loon Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH 1 1 CALIFORNIA ALL- PURPObr. ACKNOWLEDGMENT � State of County of JVanon od= ;iI On ��/ ��9`i before me, Date Name !no Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Name(17of Signer(s) - ❑ personally known to me - OR - PInTbved to me on the basis of satisfactory evidence to be the person(s) whose name(s)a a subscribed to the within instrument and acknowledged to me that )¢ /Xe4 y xecuted the same it Is /Ij eir uthorized capacity(ies), and that by e(NDVRLG D46 /A their ignature(s) on the instrument the person(s), -: c - 0 notM Public - CCftrrd o or the entity upon behalf of which the P erson ( s ) acted, Son um Obispo l executed the instrument. a MV Coll MW 17.2oo I WITNESS my hand and official seal. 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: 9&1A!!%49'7 Number of Pages: 1 G °� Signer(s) Other Than Named Above: `+--) Capacity(ies) Claimed by Signer(s). Signer's Name: ❑yindividual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name:.T E&r- Mdividual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER O 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Perk, CA 91309.7184 Prod. No. 5907, Reorder: Call Toll -Free 1- 800 -876 -6827 LEND OF DOCUMENT RESOLUTION NO. 8 710 (1997 Series) ARESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENY_ ING USE OF A STORAGE BUILDING FOR BEDROOMS AT 720 AND 726 FOOTHILL BLVD. (U 81 -97) WHEREAS, the Planning Commission conducted a public hearing on July 9, 1997 and approved an amendment to an approved use permit allowing a fraternity, to allow use of a storage building for bedrooms; and WHEREAS, Al and Elinor Bonin filed an appeal of that action; and WHEREAS, the City Council conducted a public hearing on September 2, 1997 and has considered testimony of interested parties; the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an existing facility with no significant expansion of that use; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the Planning Commission application. U 81 -97, and the Planning Commission's action, the appellants' statements, staff recommendations, public testimony, and reports thereof, makes the following fmding: 1. The change from storage to bedroom use will intensify uses at the site and such intensification is not compatible with the surrounding high- density neighborhood. SECTION 2. Appeal. approval. The request for an exception to use an existing storage building for bedrooms is hereby denied, and therefore the Planning Commission's action is overturned, and the use permit denied. Onmotionof Williams ,seconded by Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero & Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 2 °a day of September 1997. T n I I n C, Resolution no. 8710 (1997 Series) U 81 -97 appeal 720 and 726 Foothill Page 2 .ATTEST: City lerk onnie Gawf By: Kim Condon, Asst. City Clerk APPROVED AS TO FORM: �j�w 4 1 ;1' olm'c— md.7,* n. O J RESOLUTION NO. 8709 (1997 SERIES) Attachment 1 A RESOLUTION OF THE COUNCIL OF THE CTTY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CREEK BANK REPAIR PROJECTS, CITY PLANS 9553, 9555, 9664, 9750, 9679. The Council of the City of San Luis Obispo resolves as follows: Findings 1. On July 26, 1997 the City published and made available for public review a mitigated negative declaration based on an initial study of environmental impact, "San Luis Obispo Creek Corridor Management and Enhancement Plan: Selected Phase 1 Improvements" (ER 91 -97), in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines. 2. On September 2, 1997, the Council conducted a public hearing, which included consideration of comments on the published initial environmental study and changes to the project since it was first proposed, to further mitigate adverse impacts. 3. The Council has considered the initial study, and finds that the potential impacts will be mitigated to an acceptable level due to features incorporated into the project design and construction. These mitigation measures and monitoring responsibilities are identified in the initial study, on file in the Community Development Department. In making this determination, Council directs that additional information and mitigation measures be included in the action, based on the staff report and recommendation for the meeting of September 2, 1997; Council further determines that re- circulation of the initial study and proposed negative declaration is not necessary since the added material better responds to the existence and needs of sensitive species, and has no adverse secondary impacts. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the proposed creek projects, and reflects the independent judgment of the City Council. Action 1. The Council hereby approves a negative declaration. On motion of Williams seconded by Romero and on the following roll call vote: AYES:Council Members Williams, Romero, Roalman, Smith it Mayor Settle NOES: None ABSENT: None R8709 Resolution No. 8�?(1997 Series) Page 2 the foregoing resolution w assed and adopted this ina day of Sertember 1997. Mayor Allen K. Settle ATTEST: Cit Cle By: Asst. City Clerk Kim Condon APPROVED as to form: 0�1�1 C;�f) �uj &N-Y I R 877 08 _ RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A REQUEST TO ELIMINATE CONDITION # 8 OF USE PERMIT A 6-96 RELATING TO RESTRICTED TURNING MOVEMENTS ONTO SOUTH HIGUERA STREET WHEREAS, the City Council conducted a public hearing on August 19, 1997 and has considered testimony of interested parties, the records from prior hearings and actions., and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that eliminating the condition that prohibits left tam movements out of the commercial center would result in potential traffic safety hazards for motorists, bicyclists, and pedestrians. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding s. That this Council, after consideration of the applicants request to eliminate general condition # 8 of Use Permit A 6 -96 and staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which prohibits left turn movements from the commercial center onto South Higuera Street is necessary in order to reduce traffic safety hazards to motorists, bicyclists, and pedestrians in the vicinity. SECTION 3. Denial. The request for elimination of general condition # 8 of use permit A 6 -96 is hereby denied. u_R7nR Resolution No. 87C"(1997 Series) Page 2 =' J r On motion of smith _ , seconded by W; I I ; Am _Q , and on the following roll call vote: AYES: Council Members Smith, Williams, Roalman, Romero & Mayor Settl( NOES: None ABSENT: None the foregoing resolution was passed and adopted this2ndday of September , 1997. Mayor Allen Settle ATTEST: Citykle&-ftnnie Gawf By: Kim Condony Asst. City Clerk APPROVED AS TO FORM: IVA(ttordey J gensen �� � z �-'� �� � �� ��� - ,- .:,.. . �: �.` � 1 � • 1 �\I RESOLUTION NO. 8707 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY AND CENTRAL COAST SALMON ENHANCEMENT'S VOLUNTEER CREEK CLEAN -UP DAY ON SEPTEMBER 13, 1997. WHEREAS, creeks provide water to animals, habitat for plants, fish, birds, and other animals; and WHEREAS, the City of San Luis Obispo considers the creeks within and around the community as a valuable natural resource, one that should not be marred by trash; and WHEREAS, creeks, when properly maintained, add to the City's scenic quality.and add value to individual properties; and WHEREAS, the City has an interest in maintaining local creeks in a clean manner to protect against potential flooding; and WHEREAS, the City must spend moneys to maintain local creeks and thus volunteer projects which perform maintenance are an asset to the City; and WHEREAS, such volunteer events not only improve the quality of an area but also provide community participation and education; and WHEREAS, the Land Conservancy of San Luis Obispo County and the Central Coast Salmon Enhancement, Inc., Creek Clean-Up Day project would remove trash_ from San Luis Obispo creeks; and WHEREAS; the City's role as co- sponsor would be to allow: 1) creek clean -up volunteers to utilize the City's creek maintenance easements, and 2) use the City's name to advertise the Creek Clean-Up Day event. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Luis Obispo does hereby agree to co- sponsor the Land Conservancy /Central. Coast Salmon Enhancement's Creek Clean -Up Day scheduled for September 13, 1997. On motion of C O n c i. l m mb -W i 1 1 i rr8econded by C nnn r i l m amh arSm i , and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero & Mayor Settle NOES: None ABSENT: None ATTACHMENT 1 u_Q7n-7 i Resolution No. 8707 (1997 Series) Page 2 the foregoing resolution was adopted this 2nd day of September , 1997. Mayor Allen Settle ATTEST: Bonnie a f, City Clerk By: Kim ondon, Asst. City Clerk APPROVED AS TO FORM: �1 UZI Gp..or�o-nisef, City Attorney �� ��� ��r� �a ��Vv V� j �� i \ `\ �t -_�, �\ �� � .� .�. � �, .. � .J .., ., � �� �'. � .. i r _1 RESOLUTION NO. 8706 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSIONS ACTION, THEREBY DENYING A FENCE HEIGHT EXCEPTION FOR THE BOARDING HOUSE LOCATED AT 1703 SANTA BARBARA STREET (A 82 -97) WHEREAS, the City Council conducted a public hearing on August 19, 1997, and has considered testimony of interested parties including the appellants, the records of the Planning Commission hearing and action, and the evaluation and recommendation of the Community Development Director; and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15303.(e) of the CEQA Guidelines. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the requested fence height exception (A 82 -97) and the Planning Commission's recommendations, public testimony, the appellant's statements, staff recommendations and reports thereof, makes the following findings: 1. The fence height exception would constitute a grant of special privilege, an entitlement inconsistent with other properties in the vicinity with the same zoning, because recently installed fences in the neighborhood step down in height in the required street yard as required by the zoning regulations. 2. The installed fence is located immediately adjacent to a driveway on the adjacent property which raises concerns with the maintenance of adequate sight distances. The subject property is located along a section of Santa Barbara Street with a curve in the roadway which carries large volumes of traffic at high speeds. Safety is a key consideration at this location given the potential for accidents in the immediate vicinity if adequate site distance is not maintained. 3. The design of the installed fence is not in keeping with the historical character of the surrounding neighborhood. R8706 8706 Resolution No. (1997 Series) Page 2 SECTION 2. Denial: The appeal is hereby denied, and the request for the fence height exception to allow a 6-foot high fence where a 4 -foot high fence would be allowed is denied. The appellant has until 5:00 p.m. on Friday, September 19, 1997, to either remove the installed fence or modify it to comply with City fence height regulations On motion of — Council Member- Smith , seconded by Council Member Williams , and on the following roll call vote: AYES: Council Members Smith, Williams, Mayor Settle NOES: Council Member Roalman ABSENT: Council Member Romero the foregoing resolution was passed and adopted this 19th day of August, 1997. ATTEST: i City Clerk B9 'e wf APPROVED: �?A . S' mXfence -no ff4ayor Allen Settle i� r �I C�����" C�G�� ✓f � ,�i �. �ti��;� RESOLUTION NO 05 (1997 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE 1997 -2003 SHORT RANGE TRANSIT PLAN FOR SLO TRANSIT WHEREAS, the Transportation Development Act of the State of California requires that the City's transit system have an approved Short Range Transit Plan (SRTP); and WHEREAS, the Plan will guide the transit system through the next six years operations and capital programs; and WHEREAS, an ad hoc team of Public Works staff, Cal Poly and Mass Transportation Committee members have developed the Plan; and WHEREAS, the plan is designed to maintain transit at 1997 levels and the plan is fiscally constrained; WHEREAS, the SRTP is "not a project" and is exempt from the provisions of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: Approve the 1997 -2003 Short Range Transit Plan. Upon the motion of Council Member Will' onded by Council Member Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Mayor Settle NOES: Council Member Roalman ABSENT: Council Member Romero the foregoing resolution was adopted this 19 day of August 11997. Mayor Allen Settle ATTEST: .� APPROVED AS TO FORM: EMIR% R8705 fi' (`cam Q J 8704 . RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE PG &E ANNEXATION AT 4280 VACHELL LN. AND 4313 SOUTH HIGUERA (SLO COUNTY ANNEXATION #50) (CITY FILE # ANNEX 57 -97) WHEREAS, in the case of a jurisdictional change which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between. the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local. agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS,.no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder; the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to him and the County Auditor shall therefore make the appropriate adjustments as required by law, and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No. 50 to the City of San Luis Obispo (PG &E Annexation); and WHEREAS, the negotiating parties, to wit: Paul Hood, Principal Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax.increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. That the recitals set forth above are true, correct, and valid.. R8104 . i 8704 Resolution.No. (1997 Series) Page 2 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) No annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1998 -1999 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified. copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion OfCouncil Member Williams seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Williams, Smith, Mayor Settle NOES: Council Member Roalman ABSENT`. Council Member Romero the foregoing resolution was passed and adopted this 19 day of Au st , 1997. Mayor Allen Settle ATTEST: F _. �W � n APPROVED AS TO FORM: i. /, ��: 0 �f. (g� 0 RESOLUTION NO. 8703 (1997 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE ANNEXATION NO. 50 AT 4280 VAC.HELL LN. AND 4313 SOUTH HIGUERA (ANNX 57 -97); PG &E ANNEXATION WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation on July 9 and August 19, 1997 respectively; and WHEREAS, the City Council on August 19, 1997, by Ordinance No. 1326 (1997 Series), approved a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by prezoning the annexation property to Service Commercial (C-S); and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is inhabited, and a description of the boundaries of the territory is set forth in attached Exhibit B; and WHEREAS, this proposal is consistent with the sphere of influence. of the affected city; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1, Annexation is appropriate since the site is contiguous to the City on its northwest side. 2. Annexation of the site is a logical addition to the City due to its location, on -site urban development, and availability of services. 3. The proposed annexation will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. SECTION 2:: Annexation Area Described: The annexation shall consist of that area, covering approximately 11 1 acres on the east side of South Higuera Street, south of Los Osos Valley Road and west of Vachell Lane, assigned Assessor's Parcel Numbers of 076 -071 -008, -009, -018, and -019, as shown in the site location map attached as Exhibit A and legally described in attached Exhibit B. SECTION 3: Council Recommendation The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation subject to property owners compliance with City requirements regarding_ public improvements, in accordance with California Government Code Section 56844 et stq. ` R8703 8703 Resolution No. (1997 Series) Page 2 SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. On motion ofCouncil Member Williams, seconded by Council Member Smith , and on the following roll call vote: Ayes: Council Members Williams, Smith, Mayor Settle Noes: Council Member Roalman Absent: Council Member Romero the foregoing resolution was passed and adopted this 19 day of August 1997. ATTEST: Mayor Allen Settle R11BqpCe APPROVED AS TO FORM: I �. EXHIBIT & 55k � #» = m� § /($! ; . ` 6 ;i ' � � Li a :m , �.§ � EXHIBIT & 55k � #» = m� § /($! ; . ` 6 ;i ' � � Li a :m , 2 � � \f� /� /w/ -_ Z.�r \ \/\ . <-m- |» |%!| ■. �k /8R/ \ \ N� � / /q \| ■§ | ®!fk & |� as %ga - -qY o , an - -- - - -- —. - - -- .� � EXHIBIT "B" ANNEXATION to CITY OF SAN LUIS OBISPO Legal Description Commencing at the southwest corner of Lot 1, designated as corner No. 23 according to the map entitled, "Map of the Partition of Joseph See's land, situated in Section 10 and 15 in T. 31 S., R.12 E., M. D. M., also Lot No. 5 of the San Miguelito.Rancho Subdivision in San Luis Obispo County, Cal. ", filed in.Book 1, Page 53 of Record of Surveys in the office of the Recorder for San Luis Obispo County; Thence, along the westerly prolongation of the south line of said Lot 1, S 890 18' W, 4.30 feet to an angle point in the southeasterly boundary of the South Higuera. Street right -of -way (formerly California State Highway Route 2) as shown on that. right -of -way and improvement plan for said Route 2, dated 1927, filed in Book 1 at Page.33 of State Highway Map Books in the office of the Recorder for San Luis Obispo County, being, a point on the existing city limit boundary and the True Point of Beginning; Thence, along the existing city limit boundary, being along said southeasterly boundary of South Higuera Street, N 29° 30' E, 175.00 feet to the northwest comer of that parcel of land conveyed to Tony S. Podrerick, etux by Joint tenancy Deed recorded Feb. 1, 1934, as filed in Volume 147 at Page 087 of Official Records in the office of the Recorder for San Luis Obispo County; Thence, leaving said southeasterly boundary of South Higuera Street, and the existing city limit boundary, along the northerly boundary of said land conveyed to Tony S. Podrerick; etux, East, 390.13 feet to the westerly boundary of Buckley Road as dedicated to the County of San Luis Obispo by Grant Deed recorded Oct. 14; 1889, as filed in Book 6 at Page 49 of Deeds in the office of the Recorder for San Luis Obispo County; Thence, along said westerly boundary of Buckley Road, South, 852.74 feet to the southeast corner of that parcel of land conveyed to Pacific Gas and Electric Company by Grant Deed recorded June 10, 1954, as filed in Book 760 at Page 56 of Official Records in the office of the Recorder for San Luis Obispo County; Thence, along the southerly boundary of said parcel of land conveyed to Pacific Gas and Electric Company; West 848.50 feet to the southeasterly boundary of said South Higuera Street right -of- way (formerly California State Highway Route 2); Thence, across said South Higuera Street right -of -way at a right angle, N 60° 51' W, 80.00 feet to the northwesterly boundary thereof, Page 1 of 2 �t1 Thence, along said northwesterly boundary of South Higuera Street, N 28° 48' E, 64.16 feet to the northerly boundary of the Rancho Santa Fe as shown on said right -of -way and improvement plan for California State Highway Route 2; Thence, continue along said northwesterly boundary of South.Higuera Street, and along the northerly boundary of the Rancho Santa Fe, S 69° 29' E, 15.16 feet; Thence, N 28° 48' E, 600.00 feet to the northeast corner of that parcel of land conveyed to I B. Black by Grant Deed recorded Dec. 19, 1928, as filed in Volume 59 at Page 305 of Official Records in the office of the Recorder for San Luis Obispo County; and being a point on the south line of the existing city limit boundary for the South Higuera Street Public Housing Annexation to the City of San Luis Obispo, as described by Resolution #4056 (1979 series) filed in Volume 2241 at Page 465 of Official Records in the office of the Recorder for San Luis Obispo County; Thence, leaving the northwesterly boundary of South Higuera Street, along the existing city limit boundary, and along the easterly extension of the northerly line of said land conveyed to I B. Black, S 68° 16' 52" E, 50.46 feet to the southeast comer of said South Higuera Street Public Housing Annexation to the City of San Luis Obispo; Thence, along the easterly boundary of said South Higuera Street Public Housing Annexation to the 'City of San Luis Obispo, N 28° 48' E, 120.07 feet to the point of beginning. Containing: 13.1 acres. Prepared by: End Description S. Hutchinson, Date: \$. HUT��0 �$ 2 970127negal.da N0. 5139 zJ * CAl' Page 2 of 2 �� ��`' ��� ��, Cz) C- !/L`l� I RESOLUTIONNO. 8702 (1997SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2202 (Unit 2) WHEREAS, the City Council made certain findings concerning vesting Tract 2202, as contained in ResolutionNo. 8485 (1996 Series), and WHEREAS, the subdivider has submitted Letters of Credit in the amounts of $244,000 (Faithful Performance) and $122,000 (Labor & Materials), respectively, which guarantee installation of the subdivision improvements per approved plans and the required fees have been received, in accordance with the attached subdivision agreement marked "Exhibit A ", and WHEREAS, the subdivider has requested reimbursement for "direct connections" (laterals) to the sewer and water mains constructed under this tract to serve offsite, non - participating properties, pursuant to City regulations (MC Section 16.44.090 et al), and WHEREAS, all other conditions required per said Resolution No. 8485 (1996 Series) have been met. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2202 (Phase 2) has been found to be in "substantial conformity" with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement. Reimbursement to the subdivider for future connections to the sewer or water mains to serve offsite, non - participating properties shall be established by the Director of Public Works, subject to submittal of the required "certified statement of costs" by the subdivider, all in accordance with City regulations. R8702 ResolutionNo. 8701997 Series) Page Two Onmotionof Council Member WilliagnOndedby Council Member Smith and on the following roll call voter AYES: Council Member Williams, Smith, Roalman, Mayor Settle NOES: None ABSENT: Council Member Romero the foregoing Resolution was passed and adopted this 1997. ATTEST: C RY CLERK B� a Approved as to Form: AT O Y fftey G. Jorgensen DevRev \ ... \[2202 -2 final map rep 19 day of August , MAYOR len K. Settle 1= I — F a: 1 I � Ir :I J,..I Air AO k yi IIII 1 IIII�• S _rte �Aj 1 % N 'V N D j Y j i A 7 s = U6 ......................... Y....................... A . J,..I Air AO k yi IIII 1 IIII�• ;�� C� �, ��� �r�w ���~ a� ✓` ��r,J RESOLUTION NO 8 7 0 1(1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A TUITION REIMBURSEMENT PROGRAM WHEREAS, THE City wants to encourage excellence of performance, employee development, and the ability to promote at all levels by sharing the cost of educational programs ; and WHEREAS, the Council desires to demonstrate the importance the City places on continued education to tap our employee's commitment and capacity to learn at all levels of our organization. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Tuition Reimbursement Program provided in Exhibit A and attached hereto is hereby adopted. On motion of Council Member Williams, seconded by Council Member Smith and on the following roll call vote: AYES: Council Member Williams, Smith, Roalman, Mayor Settle NOES: hone ABSENT: Council Member Romero the foregoing Resolution was passed and adopted this 19 day of August -,19 97. ATTEST: APPROVED AS TO FORM: 41�j City Attorney R8701 IIIIIIIII�������IIIIII�IIIall l City Of SM WIS 0$ISW TUITION REIMBURSEMENT PROGRAM PURPOSE To establish guidelines and procedures for the approval and processing of tuition reimbursement requests. The Tuition Reimbursement Program is designed in part to enhance the City's equal employment opportunities. POLICY It is the policy of the City of San Luis Obispo to encourage excellence of performance, employee development, and the ability to promote at all levels by sharing the cost of educational programs. The City will reimburse educational costs which are directly related to the employee's occupational field with the City or are related to and part of a planned course of study being actively pursued for promotion within the City service. For this purpose, the City shall reimburse up to $850 annually for the costs of tuition, registration, books and lab fees. Travel and parking are not covered expenses. There shall be no obligation to the City to reschedule the normal work hours of eligible employees to facilitate their participation in the Tuition Reimbursement Program. ELIGIBILITY REQUIREMENTS To be eligible for the program the employee must be a regular employee who has passed his or her initial probation with the City of San Luis Obispo. A pro -rated amount will be calculated for regular part-time employees (i.e., a regular half -time employee could receive up to $425 annually). The employee must have completed the reimbursement form and received approval from his or her department head and the Personnel Director prior to enrolling in the course. When either the department head or the Personnel Director do not agree that the course qualifies for tuition reimbursement, a final decision will be made by the City Administrative Officer. Courses must be taken for credit; audited courses will not be reimbursed. Additionally, the employee must satisfactorily complete the course and receive a grade of "C" or better or a "pass" in a pass /fail.grading. ELIGIBLE. COURSES 1. Eligible courses must have a reasonable potential to offer substantial benefit to the City. 2. Eligible courses must be directly related to the employee's occupational field with the City, or directly related to and part of a planned course of study being actively pursued for promotion and career development with the City. . Page 1 of 2 3. Eligible courses must be presented by an accredited high school, college, university or other accredited institutions. INELIGIBLE COURSES 1. Courses taken to bring unsatisfactory job performance up to an acceptable level. 2. Courses that duplicate in- service training or other training the employee has already received. 3. Courses an employee is required, by the department head, to attend will be considered training and will not be reimbursed through the tuition reimbursement program. 4. Courses for which the employee receives reimbursement from any other sources. CONTINUED SERVICE REQUIREMENT An employee must continue in a regular position in the City service for one (1) year from the date of completion of the course. Failure to continue in the City service, through resignation or discharge, will result in the forfeiture of any tuition reimbursement, payments received up to one (1) year prior to separation. The maximum forfeiture amount would be $500. In such situations, the employee agrees that the Finance Department is authorized to make a deduction from the employee's final payroll check for the appropriate amount of tuition reimbursement to be forfeited. PROCEDURES The employee shall submit a completed Tuition Reimbursement Application form to his /her Department Head for approval at least three (3) weeks prior to the first class session. The Department Head will forward the form indicating approval or disapproval within five (5) working days to the Personnel Director. The completed form indicating approval or disapproval from the Personnel Director will be returned to the employee within another five (5) working days. When either the department head or the Personnel Director do not approve the course, an appeal may be made to the City Administrative Officer for a final decision. Upon completion of the course, the employee shall submit a completed Tuition Reimbursement Request form to the Personnel Department with the required documents in the form of a transcript or a grade card signed and dated by the instructor and receipts for registration, tuition, lab fees and books. A copy of the request will be forwarded to the Finance Department. They will issue a check in the proper amount. A copy of the approved request and proof of completion will be fled in the employee's personnel file. Page 2 of 2 1997 -99 Financial Plat SIGNIFICANT OPERATING PROGRAM CHANGE PROGRAM: Personnel Administration REQUEST TITLE: Tuition Reimbursement Policy Request Summary This request is to provide funding for the newly developed Tuition Reimbursement Policy (the proposed policy is attached; it is anticipated that Council will approve the Policy in June of 1997). It is difficult, to estimate how many employees will use the program and the amount employees will use per year (there is an $850.00 cap per employee). A survey conducted of several other organizations with similar programs suggest the usage could be as low as 1% and as high as 8 %, Personnel believes no more than 5% of the employees will participate during the first year. This equates into a funding request of $13,900. Ile initial reimbursement process will be on a first come, first serve basis, so no further monies will be requested for the 1997 -98 fiscal year. After analyzing usage of the program for several years we will have more concrete data of employee participation and be in a better position to predict what the average usage will be. Key Objectives. ® To comply with the City's Affirmative Action Plan. ® To encourage excellence of performance, employee development, and the ability to promote at all levels by sharing the cost of educational programs. a To demonstrate the importance the City places on continued education to tap our employee's commitment and capacity to learn at all levels of our organization Factors Driving the Request for Change ® A request from the City's Personnel Board for Council to adopt an educational assistance program in their 1997 -98 goals. m A commitment from the Council during the Council Goals Workshop (February 1 and 4, 1997) to implement some form of a tuition reimbursement program for City employees. m A recognition that providing opportunities for employees to gain further education and/or training is a direct benefit to the City. Alternatives ® Do not fund the Tuition Reimbursement Policy. a Partially fund the current request and review employee usage at the end of the 1997 -98 fiscal year for future funding: Because the program is designed on a first come, first serve basis it is possible that some employees would not receive the benefit they anticipated. . Tuition Reimbursement Policy (�c6tinued) Cost Summary FFFundedAmoount s Current Costs Cost Change: Cost Change: 1997 -98 1998 -99�j 0 $13900 $13,900 0 513,900 $13,900 Implementation . The proposed policy was developed by the Affirmative Action Committee and has been reviewed by Personnel, Finance, and Administration Departments. It is ready for implementation. With approval of this request all regular City employees will receive a copy of the Tuition Reimbursement Policy. On a first come, first served basis, monies will be reimbursed to employees that properly comply with the requirements of the Policy. Attachment Proposed Tuition Reimbursement Policy n �. ,; IJµ yv� ��v � . �w,�-` i RESOLUTION NO. 8 7 0 0(1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'SACTION, THEREBY DENYING USE OF A BILLBOARD SIGN AT 896 FOOTHILL BLVD. (ARC 61 -97) WHEREAS, the Architectural Review Commission conducted a public hearing on June 2, 1997 and denied an exception to the sign regulations to allow use of an existing non- conforming sign; and WHEREAS, the applicant filed an appeal of that action; and WHEREAS, the City Council conducted a public hearing on July 15, 1997 and has considered testimony of interested parties, the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff -, and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an existing facility with no significant expansion of that use; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the Architectural Review Commission application ARC 61 -97, and the Architectural Review Commission's action, the appellants' statements, staff recommendations, public testimony, and reports thereof, makes the following finding: 1. The proposed exception to the sign regulations is not consistent with the City's Architectural Guidelines and is not compatible with the surrounding neighborhood, because it is out of scale with adjacent signage, is taller than nearby buildings, and does not conform to any aspect of the sign regulations. SECTION 2. Appeal denial. The request for an exception to use an existing non- conforming sign structure is hereby denied, and therefore the Architectural Review Commission's action is upheld, and the applicant and property owner are hereby notified that the non - conforming structure must be removed. ,1 Resolution no. 8700 (1997 Series) ARC 61 -97 appeal 896 Foothill Blvd. Page 2 On motion of Ro a lman , seconded by Smith and on the following roll call vote: AYES:Council Members Roalman, Smith, Williams & Mayor Settle NOES': Council Member Romero ABSENT: None the foregoing resolution was adopted this 15th day of July • 1997. Mayor Allen Settle ATTEST: d/zn� C' Clerk Bonnie awf APPROVED AS TO FORM: FrWARM150011. ..� .� i� p r .�.C, C LC o-�� �, � v��2�` i � ti��� . �z>