HomeMy WebLinkAbout07/06/2010, C6 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC VARD SHEPHARD HOUSE (CHCMA 17-10). councilN-tift4 ,
j acEnaa Report It.
C I T Y O F SAN LU I S O B I S P O
FROM: John Mandeville, Community Development Director
Prepared By: James David, Assistant Planner
SUBJECT: Approval of Mills Act Contract for the historic Vard Shephard house
(CHCMA 17-10).
RECOMMENDATION
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a
Mills Act contract for the historic Vard Shephard house located at 148 Broad Street.
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 ➢- ,
the program annually. No historic properties
have entered into Mills Act contracts this
calendar year, but two are pending Council _ _-
approval. 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, ' ' View,from Broad
improve the properties in return for property tax savings. As of June 2010, 42 historic properties
are benefiting from the program and realizing property tax reductions of 50 percent or more
(Attachment 2, List of Historic Properties under Mills Act Contracts). The City recently received
a request by the owner of the historic Vard Shephard 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 public hearing held May 24, 2010, the CHC voted 6-0 to recommend the City Council
approve a Mills Act contract for the historic Vard Shephard house as described in the draft Mills
Act contract.
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Mills Act Contract for 148 Broad Page 2
Property Description
Address: 148 Broad #
Historic Name: Vard Shephard House
Other Name: Brazil Houser
Owners: Dr. Barry Jones
_y
Current Use: Single Family Residence4
Zoning: R-1 (Low-density residential)
Status: Added to the Master List of Historic
Resources in August, 1983. '',{J`":
Historic Line Drawing of 148 Broad
148 Broad Street is located within the R-1 district on north Broad Street, just south of Murray
Avenue adjacent to Old Garden Creek (Attachment 1, Vicinity Map). The historic Vard
Shephard House is a 2,500 square foot two-story residence on its original site. According to the
City's historic files, the house is an example of the Tudor Revival style that became popular in
the Central Coast as early as the 1920s. It is clad in stucco with upper ends of the gables covered
with horizontal wood siding. Started in 1931, the house was completed in 1933 for A.H. Brazil,
an attorney. The builder was James Jepson and the architect is unknown. Neighbors have
indicated that the subject property was the first house built along what was then a country gravel
lane that led to the Army base.
148 Broad Street was home to notable individuals over the years, including A.H. Brazil. Dr. Vard
Shephard, the former head of the Animal Husbandry Department and Dean of Agriculture at Cal
Poly, lived in the house from 1938 to 1960. There is a reservoir named after Vard Shephard on
campus. His wife, Mildred Shephard, was president of the Cal Poly Women's Club in 1936. The
current owner, Dr. Barry Jones, is also affiliated with Cal Poly, as a professor of Construction
Management.
The house is still in good condition. The original detached garage, set to the rear of the house, is
in decent condition and is served by a single driveway on the north side of the house. The cedar
shingles are deteriorating and need attention. The garage is not visible from the street because it
is blocked by a six-foot wooden gate across the driveway. A second home was recently
constructed at the rear of the 29,880 square foot lot behind the existing historic residence. The
proposed Mills Act Contract will be limited to the historic Vard Shephard house and detached
garage, and not include the second home.
Proposed Improvements
The applicant is committed to maintaining the historic home and plans to undertake the
following projects to preserve the home's integrity or livability:
1. Repair/repaint windows
2. Replace cedar shingles on garage
3. Plumbing repairs and pipe replacement
Mills Act Contract for 148 Broad Page 3
4. Termite and fungal prevention
5. Repair/replace cedar shingles as necessary
6. Repaint entire house
7. Install irrigation system
8. Replace front and rear lawns
9. Repair front picket fence
10. Repair/replace gutter system to match existing
11. Replace drain lateral section from property to rear boundary
Staff conducted a field visit and confirmed that the above mentioned items need attention. Other
concerns identified were moisture damage on the garage,.and the fence across the driveway that
blocks views of the garage from the street. The attached draft Mills Act Contract describes
agreed upon improvements that address these concerns as well as other projects that will enhance
or maintain the building's historic character in an exemplary fashion. The applicant has agreed to
modify the fencing across the driveway to something more transparent and period-appropriate, to
the satisfaction of the Community Development Director. Staff supports the applicant's request
to be part of the Mills Act Program and recommends the Council approve the attached draft 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 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 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
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Mills Act Contract for 148 Broad Page 4
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.
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.
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, January 2010
3. Draft Council Resolution
4. Draft Mills Act Contract with Preservation Agreement
TACouncil Agenda Reports\Community Development CARVOMCHCMA 17-10(148 Broad) - Council
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Attachment 3
RESOLUTION NO. (2010 Series)
A RESOLUTION APPROVING A HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND BARRY JONES,
OWNER OF A DESIGNATED HISTORIC RESOURCE AT 148 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. 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
001-014-014, located at 148 Broad Street, San Luis Obispo, California 93401, also described as the
Vard Shephard 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
a 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 May 24, 2010, to consider a request by Barry Jones, owner of 148 Broad 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� - 9
Attachment 3
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 Vard Shephard House, located at 148 Broad 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 of the
Historic Property Located at 148 Broad Street", dated July 6, 2010, and entered into between the
City and Barry Jones.
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 12010.
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
jAPPROVED AS TOgFO
ristine Dietrick, City Attorney
- Attachment 4
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY
LOCATED AT 148 BROAD 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 Dr. Barry
Jones (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 sha11 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.
Attachment 4
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 file 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
Attachment 4
states that the fee shall be 12 '/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 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
148 Broad Street, San Luis Obispo, California, Assessors Parcel Number 001-133-011, 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.
C6 =13
- Attachmerd 4
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Dr. Barry Jones
148 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.
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.
Attachment 4
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
Dr. Barry Jones Date
CITY OF SAN LUIS OBISPO
Mayor David F. Romero Date
ATTEST:
Elaina Cano, City Clerk
APPR D AS TO FORM:
stine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
(4 -� 5'
Attachment 4
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 148 BROAD 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 148 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 (10) years from the contract date. All changes or repairs shall 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. Restore exterior windows, to the satisfaction of the Community Development Director.
b. Restore or replace cedar shingles in kind on garage roof, to the satisfaction of the Community
Development Director.
c. Correct and/or repair moisture damage on the garage or any other structural conditions that
could adversely affect the building's preservation, to the approval of the Community
Development Director.
d. Restore or replace cedar shingles in kind, and flashings, valleys and metal gutters on main
structure's roof as necessary, to the satisfaction of the Community Development Director.
e. Modify the fencing across the driveway to something more transparent and period-appropriate,
to the approval of the Community Development Director, within two years.
f. Repaint entire house, subject to approval of the Community Development Director.
g. Restore or replace front picket fence, to the satisfaction of the Community Development
Director, within two years.
h. Replace drain lateral section from property to rear boundary.
i. Make any necessary plumbing repairs and pipe replacement.
j. Eliminate termite and fungal problems as necessary.
k. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by
periodic repainting and repair of exterior materials and surfaces, high quality landscape
maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other
historic site features.
OWNER
Dr. Barry Jones Date
�C9 40