HomeMy WebLinkAbout07/06/2010, C 5 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC SANDERCOCK HOUSE (CHCMA 23-10) �1 \
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CITY OF SAN LU I S O B I S P O
FROM: John Mandeville, Director of Community Development
Prepared By: Brian Leveille, Associate Planner
SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC SANDERCOCK
HOUSE(CHCMA 23-10)
RECOMMENDATION
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act
contract for the historic Sandercock House located at 535 Islay Street(CHCMA 23-10).
DISCUSSION
Background
In December 2000, the City Council approved
the Mills Act Program as an on-going historic
preservation program and allowed up to 10
additional historic properties to be included in g�
the program annually. So far this year, one other , „
application is pending in addition to 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 e .
designated historic properties who promise toTE
,
preserve, maintain and in some cases, improve - z
the properties in return for property tax savings.
Historic
43 historic properties are already benefiting Sandercock House,front elevation� ,
from the program and realizing property tax
reductions of up to 50 percent (Attachment 2). The City recently received a request by the owners of
the historic Sandercock House to be included in the Mills Act program for tax savings required to
continue restoration and maintenance of the building.
Advisory Body Recommendation
At its April 26, 2010, public hearing, the CHC voted 6-0 to recommend the City Council approve a
Mills Act contract for the historic Sandercock House (Vicinity Map-Attachment 1) as described in the
draft Mills Act contract(Attachment 6).
Property Description
Address: 535 Islay Street
Historic Name: Sandercock House
Owner: Gordon and Stacy Edmonds
Current Use: Single-Family Residence
Zoning: R-2-14 (Medium-Density Residential with Historic Overlay)
� 1
Mills Act Contract for 535 Islay Street Page 2
Status: Added to the Master List Historic Resources in August, 1983.
Architectural/Historical Background
The property is a 20,157 square foot lot located at the southeast corner of Islay and Beach Streets. The
structure is a Neo-Classic cottage built in 1910. In addition to being an excellent example of Colonial
Revival Architecture, the property is significant because of its association with the Sandercock family
(see Historic Resources Inventory, Attachment 3). The property is located adjacent to contributing
properties to the north and east and the Historic Vollmer House is located across Beach Street from the
Sandercock House.
Proposed Improvements
The applicant has nearly completed a project involving relocation of the house to the front of the lot,
construction of a basement level, and restoration of the original porch and entry features. The applicant
is proposing several improvements to further restore the Sandercock House including; Historically
appropriate landscaping, painting in historically correct colors, rebuilding the original chimney with
historic design for the brickwork, and replacement of the roof with cedar shingles to match the original
(Attachment 6, Exhibit A).
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).
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 and to 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 term of 10-years. 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
(2S�' -01-1
Mills Act Contract for 535 Islay Street Page 3
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.
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.
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
6. Draft Mills Act Contract with Preservation Agreement
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State of California—The Reno-,•^ `gency No 0044-04P
DEPARTMENT OF PARKS ANC- CATION HAGS_ HAER .VR 4 SHL -cot-_
UTM: A10/712650 90568b B
HISTORIC RESOURCES INVENTORY C D
IDENTIFICATION Graves Home ATTACHMENT 3
1. Common name:
2. Historic name: Sandercock Home
3. Street or rural address: 535 Islay
Citti San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 03-624-01 r
5. Present Owner: Graves, R.L. , et al. Address: 535 Islay c
City San Luis Obispo Zip 93401 Ownership is: Public Private X
6. Present Use:Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Colonial Revival/Classic 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 535 Islay is a single story structure resting on a slightly
raised foundation. Its overall shape is rectangular with a hipped roof over
the main body of the house and a smaller gabled roof. The external walls
are sheathed with shiplap. The roof is asphalt. The door is centered with
flat trim and 2/10 lights. There are 2/2 sash windows which course the
rounded verandah and three double hung windows at the right side. Windows
have metal decorations on top panels. Part of the character of this structure
comes from the varietal roof shaping and the pedimented gabled roof. The porch
is rounded verandah and closed. Overall, these features reveal that the
structure is predominantly Neo-Colonial in style. An addition can be seen
to the right. The structure has a well cared for appearance and a shielding
landscape. The house sits far away from the street.
8. Construction date:
Estimated Factual 1910
9. Architect G.M. Eastman
10. Builder James Maino
11. Approx. property size (in feet)
Frontage 150' Depth 190 ' f
or approx. acreage II
TV
12. Date(s) of enclosed photograph(s)
December 1982
DPR 523 (Rev.4/79)
ATTACHMENT 3
Q. 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 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:
i
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
i
1 This Neo-Classic cottage was built in 1910 during g a period when Colonial
Revival. architecture influenced building in San Luis Obispo. G.M. Eastman,
a self-proclaimed architect who in actuality was a carpenter-builder,
designed the 30 x 50' residence, and James Maino, a leading local builder,
constructed it. The owner, William Sandercock, was president of Sandercock
Transfer Company, a prominent shipping business established in San Luis
Obispo. Set far back off the street with an extensive yard area, the house
depicts decisive Neo-Classic pediments in the gabled roofs and a symmetrical
formal shape. The Queen Anne decor and window divisions illustrate the turn
of the century tendency to carry over Victorian influences into the twentieth
century building patterns, and the professional untrained architects
inclination to slowly and cautiously embroider old and familiar designs upon
new forms.
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 in order of importance.)
Architecture , 1 Arts& Leisure
Economic/Industrial 2 Exploration/Settlement
Government Military
Religion Social/Education r
21. Sources (List books,documents, surveys,personal interviews U,
and their dates).
City Building Permits
(1910) w
22. Date form prepared 21 June 1983
By Historirr RPa_ Surypy Staff
Organization rity of San rnia Ohicno
Address: P-0- Box 321
City San Luis Obispo Zip 93401
Phone: (805) 541-i000
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ATTACHMENT 4
MILLS ACT REQUEST LETTER
SANDERCOCK HOUSE
535 ISLAY STREET
Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Community Development Director,
This letter is to request approval of a Mills Act Contract for our property known locally
as the Sandercock House, located at 535 Islay Street. This property is on the City's
"Master List of Historic Resources".
This was the home of the Sandercock family, the house and grounds occupying most of
the southwest end of the city block. The name "William Sandercock" is stamped in the
concrete sidewalk at the comer of Islay and Beach Streets. As with many notable
structures in San Luis Obispo, this home was originally constructed by Maino
Construction, completed in 1910. Over the years, the home was occupied by the
Sandercock family, the Mathews family, and served as a fraternity house and a
convalescent home. In researching the history of the house, we have been fortunate to
meet and gather photographs from members of the Sandercock family, the Mathews
family, and even members of the Delta Tau fraternity and their friends from that era.
While the interior significance of the home was largely diminished over years of
modifications, a few original details are worth noting. The walls were decorated with
large 12" coving. The parlor has hardwood floors of solid maple, and the two bedrooms
have hardwood floor's of fir. Unfortunately, many of the windows were damaged over
the years and were modified or replaced, eliminating the decorative stained glass details
in the originals. None of the doors or millwork in the home are original. The front porch
was enclosed with windows in the 1940s or 50s
In 2007, we embarked upon a major renovation, with the goal of preserving many of the
unique historical details while making it suitable to be our own family home. With six
children and 30 years of history in San Luis Obispo, we look forward to making this our
permanent home. With an eye toward honoring the original character, we proposed a
design that added space in a new basement as well as the existing attic. The San Luis
Obispo Cultural Heritage Commission approved our proposal unanimously, and we
began construction.
To date,we have constructed the basement and moved the home onto its new foundation.
We restored the porch to its original design, exposing beautiful columns that were once
hidden in the enclosing walls. We restored the front steps with painstaking attention to
the original details. We had 95 new redwood window sashes made by a craftsman in
Humboldt County using historic woodworking techniques. We used restoration glass to
C �
ATTACHMENT 4
keep the historic character of the windows, and stained glass once again honors the
grandest of the window sashes. Six of the windows in the rear of the house have curved
sashes, including curved restoration glass that we had fabricated by a glass bending shop
in the San Francisco Bay area. The same small woodshop in Humboldt County is
currently building 49 new doors for the home, once again.using historic construction
techniques, solid wood,period moldings and hardware. This has proven to be an
enormous project, but with time and patience, the home is slowly regaining its original
grandeur.
With the framing complete and the walls open, we plan to rewire the entire home, using
period fixtures and baseboard outlets. We will install modem plumbing using period
fixtures, including toilets, sinks, and bathtubs. We will replace the roof with one of cedar
shingles, as was the original. We will restore the maple and fir floors,return the 12"
coving to the tops of the walls, and use historically accurate millwork to grace the
interior. We will rebuild the original chimney, using a historic design for the brickwork,
and we will paint the home in historic colors. Lastly, we plan to landscape the grounds to
a standard deserving of one of the finest residences of its time.
Please consider our request for inclusion in the Mills Act program. The proceeds will be
used to continue our restoration work as noted above,as well as for the ongoing
maintenance of the home and grounds.
Thank you for your consideration.
Sincerely yours,
Gordon and Stacy Edmonds
546 Leff Street
San Luis Obispo, CA 93401
805-544-2501
C6= (a
ATTACHMENT
RESOLUTION NO. (2010 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND GORDON AND
STACY EDMONDS, OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 535 ISLAY STREET,SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Govemment 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
003-624-001, located at 535 Islay Street, San Luis Obispo, California 93401, also described as
Sandercock 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; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on July 6, 2010, to consider a request by Gordon and Stacy Edmonds, owners of 535
Islay 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. Fmdings. The City Council makes the following findings:
CDS"�3
� ATTACHMENT S�
Council Resolution No.XXXX(2010 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 Sandercock House, located at 535 Islay 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, Gordon
and Stacy Edmonds, dated July 6, 2010, and entered into between the City and Gordon and Stacy
Edmonds.
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 voter
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
AP77AST OR
o
nstine Dietrick, City Attorney
ATTACHMENT
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 535 ISLAY STREET,IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _ day of 2010, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Gordon and
Stacy Edmonds (hereinafter referred to as "Owners"), 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
for the historic Sandercock House, located at the front of the lot as 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.
Os _/5�
ATTACHMEIN 9 6
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 5. Furnishing of Information. The Owner hereby agrees to furnish any.and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
,v
ATTACHMENT (�
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
535 Islay Street, San Luis Obispo, California, Assessors Parcel Number 003-624-001, 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 terns 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.
ATTACHMENT
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: Gordon Edmonds
Stacy Edmonds
535 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.
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.
es'-i�'
ATTACHMENT
.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 WIMREOF, the City and Owner have executed this agreement on the day and
year written above.
OWNERS
Gordon Edmonds Date
Stacy Edmonds Date
CITY OF SAN LUIS OBISPO
Mayor David F. Romero Date
ATTEST:
Elaina Cano, City Clerk
APPRO AS TO FO
stine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
ATTACHMENT b
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 535 ISLAY 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 535 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. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be limited to
the main Sandercock House residential structure located at the front of the lot and at all times be
consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's
Standards for the Treatment of Historic Properties:
a) Rewire entire home, using period fixtures and baseboard outlets.
b) Install modern plumbing using period fixtures, including toilets, sinks, and bathtubs.
c) Replace roof with cedar shingles.
d) Restore maple and fir floors and return the 12"coving to the tops of the walls and use
historically accurate millwork in the interior.
e) Rebuild the original chimney with historic design for the brickwork.
f) Paint the home in historic colors.
g) Landscape grounds with historically appropriate plantings to the approval of the
Community Development Director.
OWNERS
Gordon Edmonds Date
Stacy Edmonds Date
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