HomeMy WebLinkAboutD-1723 2030 Johnson Avenue Recorded 05/16/2007RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Community Development Department
CITY OF SAN LUIS OBISPO
919 Palm Street
San Luis Obispo, CA 93401 -3218
JULIE RODEIN�
San Luis Obisiio County— Clerk/Recorder
Recorded at the request of
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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 Section
27383.
RESOLUTION NO. 9891 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND DANIEL
AND SANDY CARPENTER, OWNERS OF A DESIGNATED HISTORIC
RESOURCE AT 2030 JOHNSON AVENUE, IN SAN LUIS OBISPO.
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5/16/2007
8:57 AM
Pages: 11 ;
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 2030
JOHNSON AVENUE,, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this IC ay of ��, 2007, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Daniel L.
and Sandra K. Carpenter (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:
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.
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
Historic Property Preservation Agree�t
Page 2
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 Guidelineg 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 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
Historic Property Preservation Agree�t
Page 3
•
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 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
2030 Johnson Avenue, 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
919 Palm Street
San Luis Obispo, CA 93401
Historic Property Preservation Agree t
Page 4
To Owners: Daniel and Sandra Carpenter
2030 Johnson Avenue
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 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.
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
Historic Pioperty Preservation Agree t •
Page 5
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
Mayor David F. Romero Date
• '
Sandra 7
• Date
ATE OF CALIFORNIA
> ss.
OF SAN LUIS OBISPO
On this day , 2007, befo
said tate, personally appe
San L is Obispo, a municipal orporation existing
Califo ia.
Witness Viv hand and official seal.\
Notary
State of California
County of San Luis Obispo }
¢t(a tiw���
me, the undersi ed, a Notary Public 'n and for
known to m to be the mayor of e City of
i organized under t laws of the State f
On , 2007, before me, Diane R. Stuart, Notary Public, personally appeared
Daniel L. an Sandra K. Carpenter, proved to me on the basis of satisfactory evidence to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed the same
in their capacities, and that by their signatures on the instrument the persons or the entity upon behalf of
which the persons acted, executed the instrument.
fitness my hand and official seal. DIANE R. STUVt
� COMM. #158145$
NOTARY PUBLIC . CAI.
SAN LUIS OBISPO
Notary Public a *1 Comm. Expires hne 206 2009
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On May 15, 2007; before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me �,
) to be the person() whose nameW is /are subscribed to the
within instrument and acknowledged to me that he /s /dwy executed the same in him
authorized capacity(iK, and that by his&e6dwir signature(4on the instrument the person(, -j, or
the entity upon behalf of which the personWacted, executed the instrument.
WITNESS my hand and official seal.
Signature 74� IQ�
City ler
(Seal)
Historic Property Preservation Agree t
Page 6
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 2030
JOHNSON AVENUE, 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 2030 Johnson Avenue. 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 April 3, 2017 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. Exterior siding and trim exterior finishes shall be repainted and maintained, with new materials
which match original materials, to the approval of the Community Development Director.
B. Replace and extend eaves on the house to match the original building, to the approval of the
Community Development Director.
C. Repair termite damage on existing decks and in the attic.
D. Repair and add molding to interior of house in all rooms and upgrade electrical to original light
fixtures inside and outside of home.
E. Repair and maintain all solid oak interior floors.
F. Repair roof and flashing around fireplace exit on roof.
G. Repair stairs to front and side entrance.
H. Replace or repair various windows as needed consistent with the original window styles.
Repair and replace rain gutters as needed.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AND DANIEL AND SANDY CARPENTER, OWNERS OF A DESIGNATED
HISTORIC RESOURCE AT 2030 JOHNSON AVENUE, 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 003 -584-
028, located at 2030 Johnson Avenue, San Luis Obispo, California 93401, also described as the Old San
Luis Obispo High School Home Economics Building, (hereinafter referred to as the "historic property ");
and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an
historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that .
character- defining features are preserved and maintained in an exemplary manner, and repairs and/or
improvements are completed as necessary to carry out the purposes of California Government Code,
Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment
of valuation pursuant to Article 1.9, Sec. 439 et. sea. of the Revenue and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. Historic Preservation Agreement:approved. The City Council hereby approves the
attached historic preservation agreement between the City of San Luis Obispo and the owners_,
Attachment 1.
SECTION 2. 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.
R 9891
Resolution No. 9891 (2007 Series)
Page 2
SECTION 3. Environmental Determination. The City Council has determined that this historic
preservation agreement is not a project, as defined.by Section 15378 of the California Environmental
Quality Act and is exempt from environmental review. .
SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute
and 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 Vice Mayor. Mulholland, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of April 2007.
Mayor David F Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED:
Lowell
City Attorney
c1ty of sAn PBm51e.,V. Y oBispo-
990
CE RTIFICATION
I, Audrey Hooper, City Clerk, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 9891 (2007 Series) adopted by the San Luis Obispo City Council at a
regular meeting on April 3, 2007.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATE: May 15, 2007
Audrey Ho er
City Clerk
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END OF DOCUMENT
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