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HomeMy WebLinkAboutD-2024 Historic Property Preservation Agreement (1445 Broad Street) 03-10-16RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 2015010537 Tommy Gong San Luis Obispo - County Clerk -Recorder 03/10/2016 03:51 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 12 Fees: $0.00 Taxes: 0.00 Total: 0.00 This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. City of San Luis Obispo MAR 31 2016 Historic Property Preservation Agreement for the property at 1445 Broad Street p-WlZ HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC BUILDING LOCATED AT 1445 BROAD STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. 21 s - THIS AGREEMENT is made and entered into flus day of 2016, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Francis X. Cullen and Aline V. Cullen (hereinafter referred to as "Owners"), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance, and 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 non -renewal is served as provided herein. b. If the Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of non -renewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. c. The Owners may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owners of non- renewal. d. If either the City or the Owners serve notice to the other party of non -renewal in any year, the agreement shall remain in effect for the balance of the term then remaining. 1V10\\ �_* Historic Preservation Agreement 1445 Broad Street Page 2 Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character -defining features, including: the building's general 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. b. The building's interior closely relates to the property's eligibility as a qualified historic property. The Owners agree to allow pre -arranged tours on a limited basis, to the approval of the Community Development Director or his designee. c. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic 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 Owners of changes to character -defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owners agree to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. e. Owners agree that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired 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. 2"v A) Historic Preservation Agreement 1445 Broad Street Page 3 g. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly -noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owners have breached any of the conditions of this agreement or 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 Owners have 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 Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 `/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 building 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 Owners, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this agreement, -�fbkk )4p) Historic Preservation Agreement 1445 Broad Street Pagb 4 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 Owners if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building located at 1445 Broad Street, San Luis Obispo, California, Assessor's Parcel Number 003-531-017, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners' successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Francis X. and Aline V. Cullen 1445 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. 40V Historic Preservation Agreement 1445 Broad Street Page 5 b. The Owners agree to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owners, or from those of their contractor, subcontractor, agent, employee, or other person acting on the Owners' behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owners' activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. S4(It� Historic Preservation Agreement 1445 Broad Street Pagb 6 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 Owners; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. k'o vbk1 W\ Historic Preservation Agreement 1445 Broad Street Page 7 IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and year written above. OWNERS CITY OF SPA LUIS OBISPO Mayor Jan a r� ATTEST: Traci R. McGinley, MM City Clerk APPROV S TO J.ryAtto�m�c Dietrick y ALL SIGNATURES MUST BE NOTARIZED /-fit-/';:9� Date z1-16 Date Date -1'%11 1- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On �D before me, 4I Gt i 0- !LL14 (insert name and title of the officer) personally appeared I r0\6 V. Y'O C , who proved to me on the basis of satisfactory evident -e -'-Io be the personal whose name (sj is/4w subscribed to the within instrument and acknowledged to me that her/she/t_hey executed the same in hWherlth§tjr-authorized capacity(psj, and that by hWherlt�O signaturejl-on the instrument the person(,; or the entity upon behalf of which the person(s}..acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEATHER MOM WITNESS my hand and official seal. Commission N 2030014 Notary Public - Callfornis San Lula Obispo County �F, r M Comm. Expires Jun 21.2 T .. Signature l ---(Seal) 8 Lv�� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californla County of L3ete-z spo l On J6L elu-(� ,-�LJ/ 10 before me, AbG, (insert name and title of the officer) personally appeared J&.V1 mo -"k who proved to me on the basis of satisfactory evidence to be the persorlW whose nameW is/l,-re- subscribed to the within instrument and acknowledged to me that ,Wshe/they executed the same in 1�$ er/than authorized capacityf� , and that by fWherdheir signatureSs�on the instrument the person '(W, the entity upon behalf of which the personn�sacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------- OVAII WITNESS m hand and official seal. HEATHER G000300 Y Commission N 203001 Notary Public - California z r San Luis Obispo County My Comm. Ex ires Jun 21, 2017 Signature ��G�I� (Seal) IV �-At1 � Historic Preservation Agreement 1445 Broad Street Page 9 ' ' EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR THE FALKENSTEIN HOUSE LOCATED AT 1445 BROAD STREET, SAN LUIS OBISPO, CALIFORNIA Owners shall preserve, maintain, and repair the historic building, including its character -defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1445 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. Owners agree to make the following improvements and/or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City's Historic Preservation Ordinance and the Secretary of the Interior's Standards for the Treatment of Historic Properties: • Repair of wood rot on house and paint the exterior ■ Replace back deck with porch suiting age and style of home • Replace rotting fence on property line • Replace front entryway to the property to a period -appropriate appearance • Landscape front and back yards with period -appropriate plantings • Replace engineered floors on second floor with period -appropriate flooring. ■ Strip interior stairway banister and stair treads and refinish them in an historically appropriate finish and method • Replace insulation in attic space; upgrade furnace in attic and basement • Replace heating and ductwork which has been damaged by rodent infestation • Maintain the building exterior and grounds to a high level, as evidenced by periodic repair of exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of site features as necessary. 0 vWn Historic Preservation Agreement 1445 Broad Street Page q A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo } On, ] � �cwy Zl Zo (, ,before me ,�— u5 ,� QmV rLa! 4' X , late anis an iit e o t Olf'ieer personally appeared, F MI.L01 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 1 e4he/they executed the same in lamer/their authorized capacity(ies), and that by her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ag a:tire o � Pu �c DUSTIN REESE w' Commission k 2083118 a t, Notary Public - California Z n San Luis Obispo County Mj Comm. Expires Sep 2S, 2018 Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On before me, l 3atc Name and Title of the Officer personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary lic Place Notary Seal Above END OF DOCUMENT