HomeMy WebLinkAboutItem 3 - HIST-1621-2018 (868 Upham)Meeting Date: July 23, 2018
Item Number: 3
CULTURAL HERITAGE COMMITTEE AGENDA REPORT
SUBJECT: Review of a Mills Act Historic Preservation Agreement for the Master List historic
Harry E. Lyman House.
ADDRESS: 868 Upham Street BY: Walter Oetzell, Assistant Planner
Phone: 781-7593
FILE #: HIST-1621-2018 E-mail: woetzell@slocity.org
FROM: Brian Leveille, Senior Planner
1.0 RECOMMENDATION
Forward a recommendation to the City Council to approve the applicant’s request to be a part of
the Mills Act Historic Preservation program.
2.0 SITE DATA
Applicant and
Property Owner Maggie and Jason Browning
General Plan Medium Density Residential
Zoning Medium Density Residential
(R-2)
Site Area 10,500 sq. ft.
Historic Status Master List Resource:
Harry E. Lyman House
Environmental
Status
Categorically Exempt
(CEQA Guidelines §15378)
3.0 BACKGROUND
The owners of the Harry E. Lyman House at 868 Upham have submitted an application to enter
into a Mills Act historic preservation agreement with the City. The draft Mills Act contract is being
referred to the Cultural Heritage Committee (CHC) for a recommendation prior to Council action.1
1 As described in § 14.01.030 (B)(8) of the City’s Historic Preservation Ordinance
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4.0 DISCUSSION
4.1 Site and Setting
The property is a 9,200 square-foot parcel on the north side of Upham Street, 140 feet west of
Chorro, immediately adjacent, but not located within, the Railroad Historic District . The
surrounding neighborhood is characterized by single-family residences of historic character, with
eight listed historic resources on this block.2:
The Harry E. Lyman House was built in
1912 by Harry Lyman, a noted local
architect and builder. The house is noted as
an excellent example of the Craftsman
Style with eclectic influence and was
designated as a Master List Historic
Resource in March 2012 (see
Attachment 3). The house appears to be in
very good condition.
Behind the house are two accessory
buildings: a workshop built in 1908; and a
garage built in 1940. In 2005 the workshop
was converted to a residential dwelling and
the garage was converted into a guest space. The accessory structures were not evaluated for
historical significance at the time the property was included on the City’s Inventory of Historic
Resources, though they were acknowledged to be associated with Mr. Lyman (see the findings set
out in Resolution 10338, Attachment 3). Because the historical significance of the property is
concentrated in the primary dwelling, proposed improvements to the accessory structures have not
been included in the draft preservation agreement.
5.0 MILLS ACT AGREEMENTS
Historic preservation is an important goal, as stated in the Conservation and Open Space Element
(COSE) of the City’s General Plan, and the Mills Act Program is one of the programs the City
uses to achieve this goal.3 It is one of the most effective preservation tools available, providing a
financial incentive to encourage preservation of heritage properties. Participation in the program
is limited to properties on the Master List of Historic Resources. Currently, 55 historic properties
participate in this program, with the last request approved by the Council in April 2017.
The program allows the City to enter into a historic preservation agreement (a “Mills Act
Contract”) with owners of historic properties, who agree to use the Mills Act tax savings for
preservation, maintenance, and improvements of the historic property. These savings are an
incentive to undertake improvements and maintenance of historic properties and are intended to
provide for their long-term preservation. Improvements made to the property under the agreement
must be consistent with applicable Secretary of Interior Standards as well as historical preservation
standards and guidelines.
2 1845 and 1901 Santa Barbara Avenue, 875 Upham (Contributing List); 868 and 843 Upham (Master List)
3 COSE § 3.2 and § 3.6.2
Figure 1: Harry E. Lyman House
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Historic Property Preservation Agreements are prepared using standard language provided by the
State Historic Preservation Office, conforming to the Mills Act (Govt. Code §§ 50280 – 50290).
They only differ substantively in the description of the historic property and the maintenance and
improvement programs planned by the property owner (Exhibit A of the agreement). Standard
features of the contracts include:
▪Assessment of the value of the historic property by County Assessor using a
“Capitalization of Income” method, which can result in significant property tax savings.
If the contract is canceled, the assessment is gradually increased to market value basis
over the remaining ten-year contract term.
▪A commitment by the property owner to preserve the building and to use the tax savings
to maintain and improve it and preserve and enhance its historical value, exterior
appearance, structural condition, and longevity. Each agreement includes an exhibit
listing the maintenance and improvement measures to which the tax savings will be
applied.
▪The agreement is recorded, and is binding on subsequent owners, heirs, or assigns until
the agreement is canceled. There is a significant financial penalty if the agreement is
cancelled due to breach of performance.
▪Agreements have a minimum 10-year term and the agreement “self-renews” annually for
additional 10-year terms, so 10 years always remains on the contract until the owner or
the City decides not to renew it. Once written notice of cancellation is given, the
agreement will remain in effect for the balance of the remaining ten-year term. The
agreement may be amended by mutual consent of the City and property owner.
▪The structure may be altered under the contract; however, alterations must comply with
all City requirements and with the Secretary of the Interior’s Standards for the Treatment
of Historic Properties, with the guiding objective being the long-term preservation of the
building’s original historical character and significance.
6.0 PROPOSED IMPROVEMENTS
Several improvements and maintenance items are proposed to be completed (see Attachment 4).
Future proposed improvements which are most relevant to the preservation of the historic character
of the property have been included in Exhibit A of the proposed agreement (Attachment 5) and are
summarized below:
▪Maintenance of site landscaping, including: health of original trees behind the main
residence; replacement of dying and diseased trees;
▪Replace dilapidated front door with a new door in keeping with the architectural style of
the residence;
▪Update exterior lighting in keeping with historic style of house;
▪Add HVAC system (for primary residence);
▪Repair and rebuild fencing and retaining wall along the rear of property and the driveway
side of property;
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▪Replace roofing (of primary residence);
▪Repaint interior of main house;
▪Refinish original wood floors in main residence;
▪Repaint exterior of main house;
▪Re-glaze and restore original windows (of primary residence);
Condition 4 (d) of the draft agreement requires notification of the Community Development
Director before any work is carried out that could affect character-defining features, like
remodeling, door and window replacement, repainting, or alterations of the building exterior or
landscape elements. Condition 4 (c) requires that the work be carried out in a manner consistent
with applicable plans, regulations, and guidelines, including the City’s historic preservation
policies and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
7.0 ENVIRONMENTAL REVIEW
Entering into a “Mills Act Contract” with the owners of historic property is not subject to the
provisions of the California Environmental Quality Act (CEQA) because it is not a project as
defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is
a government fiscal activity which does not involve commitment to any specific project resulting
in a potentially significant physical impact on the environment (Guidelines § 15378 (b) (4)).
8.0 ALTERNATIVES
1.Continue consideration of the request with direction to the applicant and staff.
2.Recommend to the City Council that the City not enter into the proposed Historic Property
Preservation Agreement, based on findings of inconsistency with the General Plan, Historic
Preservation Ordinance, or Historic Preservation Program Guidelines.
9.0 ATTACHMENTS
1.Draft Resolution
2.Vicinity Map
3.Council Resolution No. 10338 (2012)
4.Request Letter and List of Proposed Improvements
5.Historic Property Preservation Agreement (Draft)
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RESOLUTION NO. CHC-XXXX-18
A RESOLUTION OF THE SAN LUIS OBISPO CULTURAL HERITAGE COMMITTEE,
RECOMMENDING THE CITY COUNCIL APPROVE A HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR THE MASTER LIST HARRY E. LYMAN
HOUSE LOCATED AT 868 UPHAM STREET
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, Maggie and Jason Browning are the owners (“Owners”) of real property at
868 Upham Street, in the City of San Luis Obispo; 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 Owner, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character-defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue
and Taxation Code.
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 23, for the purpose of reviewing the proposed historic property preservation
agreement; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Cultural Heritage Committee has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
BE IT RESOLVED, by the Cultural Heritage Committee of the City of San Luis Obispo
as follows:
ATTACHMENT 1
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Resolution No. CHC-XXXX-18
HIST-1621-2018 (868 Upham)
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Section 1. Findings.
1. Conservation and Open Space Element program 3.6.2 states that the City will participate
in financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Harry E. Lyman House, located at 868 Upham 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. Environmental Review. The above actions do not constitute a project, as
defined in § 15378 of the California Environmental Quality Act and are exempt from
environmental review.
Section 3. Action. The Committee hereby recommends approval of application
HIST-1621-2018, allowing the City to enter into a Mills Act Historic Preservation Agreement.
On motion by Committee Member _______, seconded by Committee Member _______, and
on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 23rd day of July 2018.
_____________________________
Brian Leveille, Secretary
Cultural Heritage Committee
ATTACHMENT 1
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ATTACHMENT 2
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RESOLUTION NO . 10338 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERT Y
LOCATED AT 868 UPHAM STREET TO THE MASTER LIST O F
HISTORIC RESOURCES, CHC 63-1 1
WHEREAS,applicants Jason and Maggie Browning, on June 2, 2011, submitted a n
application to add their property to the Master List of Historic Resources ; and
WHEREAS,the Cultural Heritage Committee of the City of San Luis Obispo at a publi c
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 25, 2011, and recommended the Council add the property located at 86 8
Upham Street to the Master List of Historic Resources ; and
WHEREAS,the City Council conducted a public hearing on September 6, 2011, for th e
purpose of considering adding the property located at 868 Upham Street to the Master List o f
Historic Resources (CHC 63-11) and referred the project back to the CHC to determine whether th e
porch enclosure can remain and still make findings of integrity ; an d
WHEREAS,the Cultural Heritage Committee of the City of San Luis Obispo conducte d
a 2nd public hearing in the Council Meeting Room of City Hall, 990 Palm Street, San Lui s
Obispo, California, on October 24, 2011, and determined the porch enclosure can remain and stil l
make findings of integrity ; and
WHEREAS,the City Council conducted a public hearing on March 6, 2012, for th e
purpose of considering adding the property located at 868 Upham Street to the Master List o f
Historic Resources (CHC 63-11); and
WHEREAS,the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, an d
the evaluation and recommendations by staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings .The Council makes the following findings of consistency wit h
Historic Preservation Program Ordinance eligibility criteria for Master List Historic Resources :
1 . The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Architectural Criteria – Style . The
house is an excellent example of the Craftsman style with eclectic influences ; has integrity ;
purity of style ; and, effectively conveys the historical value of the property .
R 10338
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Resolution No . 1033 8
Page 2
2.The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Architectural Criteria — Design . The
structure exhibits notable attractiveness with aesthetic appeal because of artistic merit, detail s
and craftsmanship .
3.The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Criteria for Building Evaluations —
Architect . The building was designed and built in 1912 by a prominent architect and builde r
in the local area and was lived in by Harry E . Lyman until his death in 1931 .
4.The house and associated outbuildings are eligible for the Master List of Histori c
Resources since the property meets Historic Preservation Guidelines Historic Significanc e
criteria for Architecture — Architect . Harry E . Lyman made significant contributions to Sa n
Luis Obispo by constructing many homes within the City of San Luis Obispo includin g
several historically designated homes in the City of San Luis Obispo and many other home s
which are now located in the Old Town Historic District and in the Upham Stree t
neighborhood area in the vicinity of 868 Upham Street .
5.The house is eligible for the Master List of Historic Resources criteria for Integrity sinc e
is occupies its original site and foundation ; has maintained its historic character an d
appearance to be recognizable as an historic resource and conveys the reasons for it s
significance with intact original building materials and architectural details in the exterior an d
interior ; and, the resource has retained its design, setting, materials, workmanship, feelin g
and association .
6.The enclosed porch does not alter the integrity of the resource since the porch enclosur e
was constructed during the era of significance of the residence, and it did not alter th e
original fabric of the residence since the original wall and windows still exist and th e
enclosure was of designed to blend with the architectural style of the building .
7.The enclosed porch does not materially alter the buildings ability to convey its historica l
significance as an excellent example of a Craftsman style home with eclectic influences sinc e
the building exhibits a high level of integrity of original interior and exterior features all th e
way around the structure and no additions or other alterations have occurred ; and, the
enclosed porch does not impact the structures ability to convey its significance as the home o f
Harry E . Lyman and his family .
SECTION 2 .Action .The Council of the City of San Luis Obispo does hereby add th e
property located at 868 Upham Street to the Master List of Historic Resources as the historic "Harr y
E . Lyman House".
SECTION 3 .Environmental Determination .The City Council has determined that th e
above actions do not constitute a project, as defined by Section 15308 of the Californi a
Environmental Quality Act and are exempt from environmental review .
ATTACHMENT 3
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Resolution No . 1033 8
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Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on th e
following vote :
AYES :Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Mar x
NOES :None
ABSENT : None
The foregoing resolution was adopted this 6 th day of March, 2012 .
ATTEST :
Elaina Cano
City Clerk
ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 4
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 868 UPHAM STREET, IN THE CITY OF
SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ________ day of ________ , 2018, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Maggie and Jason Browning (hereinafter referred to as “Owners”), and collectively
referred to as the “parties.”
WHEREAS, Owners are the owners of that certain real property commonly known as
868 Upham Street (APN 003-646-014), and legally described as shown in the attached “Exhibit B”
(“Owners’ Property”); and
WHEREAS, Owners have agreed to enter into an Historic Property Preservation
Agreement with the City for the preservation, maintenance, restoration, or rehabilitation of
Owners’ Property, an historic resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in further consideration
of the mutual benefits, promises, and agreements set out herein, the parties agree as follows:
Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby
agree to undertake and complete, at his 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.
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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.
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. 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.
c. 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.
d. Owners agree that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e. 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
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historic character, significance, and design as determined by the Community
Development Director.
f. 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 ½% 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);
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then the City may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
obligations of the Owners growing out of the terms of this agreement, apply to any
court, state or federal, for injunctive relief against any violation by the Owners or
apply for such relief as may be appropriate.
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 868 Upham Street, San Luis Obispo, California, Assessor’s Parcel Number
003-646-014, 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: Maggie and Jason Browning
868 Upham 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
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assigns, nor shall such terms, provisions, or conditions cause them to be considered
joint ventures or members of any joint enterprise.
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 his 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.
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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.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day
and year written above.
OWNERS
____________________________________ ______________________________
Maggie Browning Date
____________________________________ ______________________________
Jason Browning Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Mayor Heidi Harmon Date
Pursuant to authority conferred by Resolution No. __________(2018 Series)
ATTEST:
______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick
City Attorney
ALL SIGNATURES MUST BE NOTARIZED
ATTACHMENT 5
Packet Page 90
Historic Property Preservation Agreement
868 Upham Street
Page 7
EXHIBIT “A”
MAINTENANCE AND IMPROVEMENT MEASURES
FOR THE TEASS HOUSE LOCATED AT 868 UPHAM 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 868 Upham 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:
▪ Maintenance of site landscaping, including: health of original trees behind the main
residence; replacement of dying and diseased trees;
▪ Replace dilapidated front door with a new door in keeping with the architectural style of
the residence;
▪ Update exterior lighting in keeping with historic style of house;
▪ Add HVAC system (for primary residence);
▪ Repair and rebuild fencing and retaining wall along the rear of property and the driveway
side of property;
▪ Replace roofing (of primary residence);
▪ Repaint interior of main house;
▪ Refinish original wood floors in main residence;
▪ Repaint exterior of main house;
▪ Re-glaze and restore original windows (of primary residence);
▪ General maintenance of roofing and interior and exterior surfaces, trim, and decoration of
primary residence, including painting and replacement, as necessary
▪ General maintenance, including landscaping, plumbing, heating, and electrical system.
ATTACHMENT 5
Packet Page 91
Historic Property Preservation Agreement
868 Upham Street
Page 8
EXHIBIT “B”
Legal Description
For APN/Parcel ID(s): 003-646-014
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
LOTS 17, 18, AND 19 IN BLOCK 24 OF THE MAP OF THE TOWN OF SAN LUIS
OBISPO, ACCORDING TO MAP RECORDED MAY 1, 1879 IN BOOK A, PAGE 168
OF MAPS, DESCRIBED AS FOLLOWS
[METES AND BOUNDS DESCRIPTION PENDING]
ATTACHMENT 5
Packet Page 92
Historic Property Preservation Agreement
868 Upham Street
Page 9
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
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.
I 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 Public Place Notary Seal Above
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
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.
I 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 Public 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.
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.
ATTACHMENT 5
Packet Page 93