HomeMy WebLinkAboutD-1669B 1323 Mill Street Recorded 11/21/2005'..�• - -4
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
JULIE RODEWALD L0
San Luis Obispo County— ClerklRecorder 11/21/2005
9:02 AM
Recorded at the request of
Public
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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.
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 1323 MILL STREET, IN THE CITY AND
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1323 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this L!L day of 9Dfiffl6L(_, 2005, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City "), and Brendan and Kathryn McAdams (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 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:
Historic Property Agreement, 1323 Mill Street
Page 2
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 B, to the satisfaction of the Community Development Director or his
designee.
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 tilework 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
Historic Property Agreement, 1323 Mill Street
Page 3
G. 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 canceled 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 states
that the fee shall be 12 1/2% 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
canceled 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
Historic Property Agreement, 1323 Mill Street
Page 4
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 1323 Mill Street, San Luis Obispo, California, 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.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Brendon and Kathryn McAdams
1323 Mill 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
Historic Property Agreement, 1323 Mill Street
Page 5
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 cause 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 whither 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 effected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
•
Historic Property Agreement, 1323 Mill Street
Page 6
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 execute and
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 owners have executed this agreement on the day
and year written above.
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor Date
OWNERS
Brendan Mc dams Date
KathryifMcAdarns,
OF CISAN )
) ss.
F F UIS O POOn thiday of O 0 21
for said State, person appearedkSl , ?i
the City of San Luis Obis a municipal.
the State of California.
Witness my hXd and official
Date
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me, the uZknow igned, a Notary Public in and
e rfi� N me to be the mayor of
existing and organiXd under the laws of
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STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On November 14, 2005, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me (or 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.
WITNESS my hand and official seal.
Signature .
ty Clerk
(Seal)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
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Name(s) of Signer(s)
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to be the person(s) whose name(s) Ware
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signature(s) on the in the person(s), or
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WIT SS my hand and official seal.
S' alma f Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 86 %Ord I C. /°IW6AT y #�seAL)V- 1o,7 A .e.Q
Document Date: Number of Pages:
Signer(s) Other Than Named Above: dli Ui d F- Ac�li1�J Bit U /'Y%/9 Yn/C_
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: -
Signer Is Rep
RIGHT THUMBPRINT
OF SIGNER
®1999 National Notary Association • 9350 De Soto Ave.,.P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder.. Call Toll -Free 1- 800 -876 -6x27
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1323 MILL 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 1323 Mill Street." Character - defining features shall include, but are
not limited to: root 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 November 1, 2015, or ten (10) years from the contract date,
which ever comes first. 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. Replace roof.
B. Repair broken wall stucco.
C. Repair and repaint exterior stucco and trim.
D. Replace old plumbing and sewer lateral.
E. Replace and maintain landscaping and irrigation.
F. Correct basement water leakage.
G. Repair and maintain casement windows.
H. Add appropriate low -level safety lighting at entries.
OWNERS /
Brendan McAdams
% yI
Ka&yn McAdams
n 2"5
7-o,
Date
Date
END OF DOCUMENT