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HomeMy WebLinkAbout09/16/2008, C3 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC FLUEGER HOME (CHCMA 91-08) CounaLoe acenaa aepout `°�- 3 CITY OF SAN LU IS O B I S P O FROM: John Mandeville, Director of Community Development D.D. 4000 Prepared By: Brian Leveille, Associate Planner SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC FLUEGER HOME (CHCMA 91-08). CAO RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act contract for the historic Flueger Home located at 1546 Chorro Street (CHCMA 91-08). DISCUSSION Advisory Body Recommendation At its August 25, 2008,public hearing, the CHC voted 7-0 to recommend the City Council approve a Mills Act contract for the historic Flueger Home (Vicinity Map- % Attachment 1) as described in the draft Mills Act contract. J t Background t 1r In December 2000, the City Council J ;' approved the Mills Act Program as an on- going historic preservation program and Figure 1. completion of east elevation allowed up to 10 additional historic properties to be included in the program annually. So far this year, five properties have been approved for a Mills Act Contract and four other applications are pending including this request. Originally begun in 1996 as a pilot program, the Mills Act Program allows the City to enter into preservation contracts with the owners of designated historic properties who promise to preserve, maintain and in some cases, improve the properties in return for property tax savings. The Mills Act program has been very successful in that 36 historic properties are benefiting from the property tax reductions of up to 50 percent (Attachment 2). The City recently received a request by the owner of the historic Flueger Home to be included in the Mills Act program for tax savings required to continue restoration and maintenance of the building. Properly Description Address: 1546 Chorro Street Historic Name: Flueger Home Owner: Joann Quaglino i City Council Staff Report, Mills Act Contract for 1546 Chorro Street Page 2 Current Use: Single-Family Residence Zoning: R-2-H (Medium-Density Residential with Historic Overlay) Status: Master List Historic Property Discussion The property is a 6,500 square foot lot located at the northeast corner of Chorro and Islay Streets. The architectural style of the existing structure is described as "Queen Anne Cottage/Eastern Stick influence." (see Historic Resources Inventory, Attachment 3). On June 25, 2007, the CHC reviewed and approved the applicant's plans to restore and renovate the Historic Flueger Home. The structure was at the time in a state of considerable deterioration (Figure 2, below). The applicant has now nearly completed restoration of the Flueger Home. Staff believes the remodel was very successful in bringing the Flueger Home back into condition so it can again be used as a residence, and the renovation was completed with attention to fine details to preserve the original character and charm of this Queene Anne structure. Before renovation 4� 1, Durine renovation Figure 2. Fagade, NE corner of Chorro and Islay Streets C3 -a City Council Staff Report, Mills Act Contract for 1546 Chorro Street Page 3 The applicant is requesting to be part of the Mills Act Program to provide for ongoing maintenance, preservation and site improvements (Attachment 4, Property Owners' Letter). Staff supports the applicant's request to be part of the Mills Act Program and the CHC has recommended the City Council approve the attached Mills Act contract. Mills Act Contracts Historic Preservation is an important goal of the City's General Plan, as described in Conservation and Open Space Element policies 3.21.1, 3.21.4, 3.30.2 and Land Use Element policy 4.12. By providing a financial incentive, the Mills Act Program is one of the most effective preservation tools available to achieve these goals and encourage the preservation of historic buildings. Commercial and residential properties on the Master List of Historic Resources are eligible for the program. Mills Act contracts are prepared using standard language provided by the State Historic Preservation Office. Standard features of the contracts include: 1. The County Tax Assessor assesses the historic property's value using a"Capitalization of Income" method. This assessment method can often result in significant property tax savings, particularly for properties acquired after the 1990s. If the contract is canceled, the assessment is gradually increased to market value basis over the remaining contract term. 2. The property owner must promise to preserve the building andto use the tax savings to maintain and/or improve the historic building to enhance its historical value, exterior appearance, structural condition, or longevity. Each contract includes an exhibit which lists the maintenance and improvement measures for which tax savings will be used. 3. The contract is recorded, and is binding on subsequent owners, heirs, or assigns until the agreement is canceled.There is a significant financial penalty for breach of the historic contract. 4. Mills Act Contracts have a minimum 10-year term. The agreement is self-renewing annually for additional one-year terms, so there is always 10 years remaining on the contract until the owner or City decides not to renew the contract. Once written notice of non-renewal is given, the contract will remain in effect for the balance of the term remaining since the original contract execution or since the last renewal date, as the case may be. The agreement may be amended by mutual consent of the City and property owner. 5. Building changes are possible under the contract; however changes must comply with all City requirements and with the Secretary of the Interior's Standards for Historic Preservation Projects, with the guiding objective being the preservation of the building's original historical character and significance. City Council Staff Report, Mills Act Contract for 1546 Chorro Street Page 4 FISCAL IMPACT Approval of the agreement will not have a significant fiscal impact. It will result in a minor decrease in property tax collected by the County and passed through to the City. For example, in the 2000-2001 tax year staff determined that the 18 properties then under Mills Act contracts would reduce that year's city property tax revenue from the previous year by$4,700, or about$260 per property. ALTERNATIVES 1. Continue the item for additional analysis or research. 2. Deny the property owners request to enter into a Mills Act agreement with the City. Staff does not recommend this alternative since there would not be an agreement in place for ongoing historic preservation. ATTACHMENTS 1. Vicinity Map 2. List of Historic Properties under Mills Act Contracts 3. Historic Resources Inventory 4. Property Owners' Letter 5. Draft Council Resolution and draft Mills Act Contract g/cdplan/bleveilidmillsact/CHC91-08(1546 Chorro Street)/CHC 91-08(1546 Cborro Sireet)CCRepomdoc ` 110 pl, VICINITY MAP File No. 91 =08 1546 Chorro Attachment 2 city of -,®san Lulls OB I spo List of Historic Properties Under Mills Act Contracts Updated August 11, 2008 Note: Property Ownership may not be current Proper Owner Address Historic Name 1. Randy and Shayne LaVack 670 Islay Fitzpatrick House 2. Robert and Zoe Schrage 1167 Marsh. Graves House 3. G.Johnson and V. Wood 547 Marsh Kaetzel House 4. Malcolm and Peggy Carlaw 461 Islay Erickson House 5. Catherine Tait 591 Islay Sandercock Home 6. Lorilee M. Silvaggio 752 Buchon Stanton House 7. Astrid Gallagher 1763 Santa Barbara Tribune-Republic Bldg. 8. Astrid Gallagher 1717 Santa Barbara William M. Duff House 9. Astrid Gallagher 1725 Santa Barbara Andrew Galewski House 10. Henry Duran and 1105 George Edward F. Bushnell House Brian Horrocks 11. Mark Waters 896 Buchon Cosset House 12. Mary McIntire 745 Buchon Bradbury Home 13. Adrienne Riley 1426 Broad Giffin or Dutton House 14. Bill and Michelle Walters 1504 Broad Vetterline House 15. Robert Carpenter 1511 Morro. Martha Dunlap House 16. John and Melissa Louch 1435 Broad George Miller House 17. Keith and Kathy Godfrey 963 Broad. Manderscheid House 18. Gary Toll 1117-1119 Marsh Esquar House C 3 -� Attachment 2 Mills Act Properties, 8/11/08 Page 2 Property Owner Address Historic Name 19. Sani Javad 1212 Garden McCaffrey House 20. David Hannings 642 Monterey Hays/Latimer Adobe 21. Steven and Ilene Sicanoff 1720 Johnson The Judge's House 22. Gordon and Deanne Oliver 1428 Nipomo Rogers/Sandercock House 23. Richard and Adian Lenz 559 Pismo Biddle House 24. Vince Fonte, Rob Rossi, 1314 Palm Righetti House Brendan McAdams 25. Russell and Rea Berg 1306 Mill Lind House 26. Brendan and Katherine 1323 Mill Laird House McAdams 27. Steve and Laurie Butler 497 Islay Vollmer House 28. Steve and Susan Lumm 1500 Eto Solomon Foreman House 29. Dr. William Watson 800 Palm Ah Louis Store 30. Dan and Sandy Carpenter 2030 Johnson Ave Old SLO Economics Bldg. 31. Cornel Artho& Shelby Bentz 1746 Chorro Street Aston Home 32. RKE Properties H 1160 Marsh Street Stover's Sanitarium 33. Matt Quaglino 1266 Mill Street Shipsey House 34. Pierre and Terri Rademaker 1333 Mill Street Burch House 35. James and Diane Duenow 1443 Osos Street Avila House 36. Stephen Linder and Cynthia Semel 1429 Osos Street Frank Campbell Mitchell House 37. Michael and Sharon Singleton 1052 Islay Street Kaufman House (pending CC approval) 0�7 Attachment 2 Mills Act Properties, 8/11/08 Page 3 38. Joann Quaglino 1546 Chorro Street Fleuger House (pending CC approval) 39. Dora Drexler, Et.Al. 1460 Mill Street Mugler House (pending CC approval) 40. Jennifer Blomfield 785 Buchon Marshall House (pending CC approval) g/cd-plan/jhook/millsact/list of mills act pmperdes8-11-08 C.3 -g �. State of California—The Resources Agency No,a` 0033-04R—= DEPARTMENT OF PARKS AN, EATION HASS HAER NR 1 •_ -� UTM: A 10Z7liqqwSq0600 HISTORIC RESOURCES INVENTORY C `p_ 11jj1 11` IDENTIFICATION t 1. Common name: Brownstein Home 4 2. Historic name: Fleuaer Home 3. Street or rural address: 1546 Chorro Street 4 City San Luis Obispo Zip 93401 County San Luis Obispo i I 4. Parcel number: 03-538-05 i 5. Present Owner: Brownstein, S. and B.L. Address: 1546 Chorro Street City San Luis Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Queen Anne Cottage/£astern Stick influence 7b. Briefly describe the present physical desorption of the site or structure and describe any mafor alterations from its original condition: This multi-cabled roofed house is on a raised foundation. F high pitched roof has front-facing cables, side-facing gables and lower shed in back. All gables have a carved design bargeboard. A recessed porch on the right front has arches on the front and oven side and sa%-m wood decorations with sunburst and knob patterns. Some stickwork ornamentation on the body of the house is in a horizontal band below the end of the eaves and top of the windows. There is a door on the side wail of the porch. Side gables top three part bay Windows, slanted on the richt side; flat On the left. One two--part and one one-part double hung window is on the house front_ pri arched attic vent is on the front gable and a round vent on each side cable. Four concrete steps lead to the porch and appear as an addition. A low solid porch railing with posts is to the top of the rail. Decorated wood is house trim. There is a separate wooden garage in the rear of the structure. There is also an added four foot wooden fence around the property. 8. Construction date: ----- =---__- — -=�: Estimated 1903 Factual - ------- == - 9. Architect Unknown - I 10. Builder U-, hoc:, Y� �xa . — - - 1 11. Approx. property size ;in feet) Frontage 50' Depth 17,; ' orapprox. acreage 12. Dates) of enclosed photograph(s) December 1982n DPR 523 (Rev.4/79) 13. Condition: Excellent _Good X Fair_ Deteriorated No longer in existe 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 R Private development_ Zoning _ Vandalism Public Works project Other: 17. Is the structure: On its original site? Yes Moved? Unknown? 18. Related features: SIGNIFICANCE 5 19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.) This single story wood frame house was built around the turn of the century. Indicative of transitional designs, it appears a very modest, abridged version of the Queen Anne cottage with sunburst appliques over an arched porch opening. In overall form, it slightly approaches Classic Revival proportions. At best, a "Victorian cottage," and at very least, a vernacular creation describes this house. The house is thus difficult to classify architecturally. It was built around 1903-04, probably for E. Fleuger,. a baker, and ;gilliam Fleuger, a clerk, who are known to have lived here in 1904. The significance of the house is largely that it illustrates the type of dwellings owned by many middle class shopkeepers in San Luis Obispo during this transitional era. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): 20. Main theme of the historic resource: (If more than one is NORTH checked, number n order of importance.) Architecture Arts& Leisure Economic/Industrial _Exploration/Settlement Government .Military Religion Social/Education O� 21. Sources (List books,documents, surveys,personal interviews and their dates). Sanborn Fire Insurance Maps (1903, 1904) City Directory (1904, 1914) 22. Date form prepared June 17, 1983 By (name) historic Res. Survey Staff Organization City of San Luis Obispo Address.- P.O. Boa 321 City San Luis ObispoZip 93401 Phone: 0 5) 541 C 3 -10 Attachment 4 .June 30, 2008 Brian Lavelle City of San Luis Obispo 919 Palm Street San Luis Obispo, Ca 93401 Re: Mills act application for 1546 Chorro Street Dear Brian: The enclosed is a planning application requesting a master list property located at 1546 Chorro Street inclusion into the Mills Act. As you are aware the house was recently restored back to its original condition at considerable expense.. We are currently working on construction documents for a previously approved garage with a small apartment above. The design will resemble that of the original home. The home is included on the city of San Luis Obispo's master list of historic places. I have included the following documentation to assist you in your review of our request. 1. Chain of title starting in 1910 to present, consisting of 3 pages. 2. Copies of deeds from 1908 to present, consisting of 18 pages. 3. Copy of the cities Historic Resource Inventory documentation, 4 pages. 4. Exhibit A, Maintenance and Improvement Measures. We would appreciate your consideration to allow this fine example of a Queen Anne structure into the Mills act. The tax savings will be put to good use by offsetting the cost associated with the high cost associated with the maintenance and continued improvement of this important historical San Luis Obispo property. Sincerely, Matt Quaglino HAMatt's Files\1546 Mills act application.doc C3- �I - Attachment 4 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY AT 1546 CHORRO STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve,maintain and repair the historic building, including its character-defining architectural features in good condition,to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the city of San Luis Obispo for property located at 1546 Chorro Street.Character-defining features shall include,but are not limited to: roof,eves, 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. Replace the garage with a structure equal in quality and design of the original house. B. Regular maintenance of the exterior painted surfaces.All painted surfaces shall be properly prepared, primed and painted with high-quality exterior paints. C. Complete the irrigation and landscape on the rear of the property once the new garage is constructed. D. Maintain the landscape to a high standard. E. Install concreteibrick walkways and patios at the rear of the property keeping with a Victorian period design. F. Periodically prune the trees on the large Cyprus tree on the property. 3. Property shall be maintained in accordance with Zoning Regulations, and with the city's Property Maintenance Standards. O er; Jo nn Quaglino Date HAMatt'sFilesWills ac application exhibit A.doc C3 -la Attachment 5 RESOLUTION NO. (2008 Series) A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND JOANN QUAGLINO, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1546 CHORRO STREET,IN SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics;and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 003-538-005, located at 1546 Chorro Street, San Luis Obispo, California 93401, also described as the Flueger 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; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on August 25, 2008, to consider a request by Joann Quaglino, owner of 156 Choiro Street; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Program Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: C-3-i3 Attachment 5 Council Resolution No. XXXX(2008 Series) 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Flueger Home, located at 1546 Chorro Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the historic preservation agreement between the City of San Luis Obispo and the owners, attached hereto as Exhibit A. SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this , 2008. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPR D AS TO RM: J athan Lowell, City Attorney �3 -l�f Exhibit "A" Attachment 5 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN. Ir. THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1546 CHORRO STREET,IN THE CITY AND COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this _ day of 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and JoAnn Quaglino (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 improvements measures described in "Exhibit A" attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non-renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as '`annual renewal date"), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. c. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. C3 -1, Attachment 5 b. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre-arranged tours on a limited basis, to the approval of the Community Development Director or his designee. c. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. d. The Community Development Director shall be notified by the Owner of changes to character- defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. e. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building 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. Section S. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which C34(a Attachment 5 states that the fee shall be 12 '/z% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. b. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1546 Chorro Street, San Luis Obispo, California, Assessors Parcel Number 003-538-005, 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. �,3- I� Attachment 5 To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owner: JoAnn Quaglino 1546 Chon-o 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 terns, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. C3 -(8' Attachment 5 g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year written above. OWNER JoAnn Quaglino Date CITY OF SAN LUIS OBISPO Mayor David F. Romero Date ATTEST: Audrey Hooper, City Clerk PPR `QED AS TO F natfian Lowell, City7 Attorney ALL SIGNATURES MUST BE NOTARIZED Attachment 5 t. ! EDIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY AT 1546 CHORRO STREET,SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain and repair the historic building, including its character-defining architectural features in good condition,to the satisfaction of the Community Development Director or designee,pursuant to a Mills Act Preservation Contract with the city of San Luis Obispo for property located at 1546 Chorro Street. Character-defining features shall include, but are not limited to: roof,eves,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. Replace the garage with a structure equal in quality and design of the original house. B. Regular maintenance of the exterior painted surfaces.All painted surfaces shall be properly prepared, primed and painted with high-quality exterior paints. C. Complete the irrigation and landscape on the rear of the property once the new garage is constructed. D. Maintain the landscape to a high standard. E. install concrete/brick walkways and patios at the rear of the property keeping with a Victorian period design. F. Periodically prune the trees on the large Cyprus tree on the property. 3. Property shall be maintained in accordance with Zoning Regulations, and with the city's Property Maintenance Standards. Ow er; Jo Quaglino Date H: atfs Files\Wls ac ativolication exhibit A.doc 0-3 -a0