HomeMy WebLinkAboutD-1971 863/867 Pacific Street Recorded 12/19/2013•
I
Recording Requested By
And When Recorded Mail To:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401 -3218
"With a Copy to: /
867 cific SibetSyite 210
S X Luis Obispo, CAN9.1,401
JULIE RODE&D
San Luis Obispo affnty — Clerk/Recorder
Recorded at the request of
Public
y Op: zmaIIa^ee^sae
AM
12/19/2013
10:10 AM
Titles: 1
Pages: 10
Fees
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PAID
$41.00
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC
BUILDINGS LOCATED AT 863/867 PACIFIC STREET, IN THE CITY AND COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA
1�1 I
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GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
Name of Notary
Name of County
Date Commission Expires 61 I9(O IXI -+
Commission# Oao JR(0 ( 9
Signature o erson (firm name if
any) making verification
Date
Location &4I Ob SKD
(City)
State of California
` HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC BUILDINGS
LOCATED AT 863/867 PACIFIC STREET, IN THE CITY AND COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this t q��day of &k V, , 2013, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Cayucos
Cowboys LLC (hereinafter referred to as "Owner "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The Owner, 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.
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 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 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 tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building; exterior
alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating,
or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk,
trash, debris, appliances, or furniture visible from a public way; or any device, decoration,
structure, or vegetation which is unsightly due to lack of maintenance or because such feature
adversely affects, or is visually incompatible with, the property's recognized historic character,
significance, and design as determined by the Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. )Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it no
longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to preserve,
maintain, and rehabilitate the historic property as specified above, the Owner shall pay a
cancellation fee to the State Controller as set forth in Government Code Section 50286, which
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.
t
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 building located at
863 Pacific Street, San Luis Obispo, California, Assessor's Parcel Number 003 -528 -019, 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.
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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 Owner: Cayucos Cowboys LLC
867 Pacific Street #210
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such
terms, provisions, or conditions cause them to be considered joint ventures or members of any
joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their, contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims or
actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in this
agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement
shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors,
legal representatives, assigns, and all persons acquiring any part or portion of the historic
property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation
of any of the covenants, reservations, or restrictions contained herein, or to determine the rights
and duties of any party, hereunder, the prevailing party in such proceeding may recover all
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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.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this, agreement to be recorded in the office of the County Recorder of the
County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the
City may charge reasonable and necessary fees to recover direct costs of executing, recording, and
administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year
written above.
OWNER
Cayucos CoVK0ys LLC
CITY OF SAN LUIS OBISPO
May pan an Marx
ATTEST:
Anthony Mejia, City Cl rk U
APP O D A TO FORM:
J. Christine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
Date
i 1 / 7 113
Date
W
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR ZION LUTHERAN CHURCH
BUILDING LOCATED AT 863 PACIFIC 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 863/867 Pacific Street. Character- defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract but
in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with
the City's Historic Preservation Ordinance and the Secretary of the Interior's Standards for the Treatment
of Historic Properties:
1. Reroof church and parsonages structures with shingles more in character with historic
style*
2. Complete parsonage renovation to include interior and exterior painting*
3. Renovate site landscaping to include more period appropriate landscape materials*
4. Replace damaged doors on both structures with solid wood doors*
5. Repair of existing wood gutter and replacement of gutter on eastern elevation with metal
gutters to protect structure from water damage*
-6. Replacement of vinyl windows with more historically appropriate windows
7. Repainting of the exterior of the Church structure*
8. Ongoing prevention of termite infestations and fungal problems
9. Required mechanical system upgrades
10. Required plumbing repairs and pipe replacement
11. Regular repainting of the structure as required.
*completed prior to the execution of the contract.
OWNER
44.1-4 - - I
yucos Co o L Date
STATE OF O7`1 )SS
COUNTY OF
On °Z /�Q /�3 befor me, -�Ii7 Notary
Public, personally appeared 'Teres ..S l�
. 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
P
My Commission Expires:
Notary. Name:
Notary Registration Number:
Z ° ft0o . cgftm
Z
son Lft am" sole
This area for official notarial seal
Notary Phone:.
County of Principal Place of Business:
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of .California }
}
County of San Luis Obispo }
On December _Z Z, 2013, before me, Claudia Prows, Notary Public, personally
appeared
Jan Marx,
Who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged ,to me
that she executed the same in her authorized
capacity, and that by her signature on the instrument
the person, or entity upon behalf of which the
CLAUDIA PROWS person acted, executed the instrument.
Connnission 1 2030064
abhry Public - California D I certify under PENALTY' OF PERJURY under the
Sae Luis Obispo County laws of the state of California that the foregoing
Jun 21 „2017
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Place Notary Seal Above) (Signature of Notary"-Public)
END OE DOCLUENT
Deed of Trust
Page 16
IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust as of the
day and year first above written. (attach notarization)
BORROWER:
SOUTH STREET FAMILY APARTMENTS, L.P.
By: ROEM Development Corporation, its Co- General Partner
M_
Robert Emami, President
U Zq 12014
By: SLO Non - Profit Housing Corporation, its Managing General Partner
Scott Smith, Chief Executive Officer
16
Date
Date
Deed of Trust
Page 16
IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust as of the
day and year first above written. (attach notarization)
BORROWER:
SOUTH STREET FAMILY APARTMENTS, L.P.
By: ROEM Development Corporation, its Co- General Partner
LN
Robert Emami, President
By: SLO Non - Profit Housing Corporation, its Managing General Partner
r� e7tr
IIn
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Date
16
• •
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
On JANUARY 29, 2014, before me, L. A. BERTRAND, a Notary Public, personally appeared SCOTT SMITH, 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
Notary Name: L. A. BERTRAND
Notary Phone Number: 805 -786 -2038
Notary Registration Number: 2038021
Commission Expiration Date: 9 -16 -2017
County of Principal Place of Business San Luis Obispo
SM Vision Form SAS03CA Rev. 06/23199
L. A. BERTRANO
Commission #t 2038021
OENotary Public - California
San Luis Obispo County
Mv
Comm. E Tres Sep 16 2017
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CML CODE § 1189
State of California
County of SWH-A 01 Q,ya
On Z� I before me, �lb�lC
Date re Insert Name and Title of the Cdiber
personally appeared P=o f -aYY m I
Name (s) of Signer(s)
.MEGAN KAY QUISENBERRY
COMM-#1943768 s
' NOTARY PUBLic.cALIFORNIAa
� g�^►�''t EXPRJU.LE1NT2015 N
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(&rwhose name() Care
subscribed to the within instrument and acknowledged
to me that eg/she /they executed the same in
M/her/their authorized capacity(jetj, and that by
4 /her/their signature on the instrument the
personX, or the entity upon behalf of which the
person(,sl 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.
C
Signature:
Sigria0re o 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:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
F-1 Partner — El Limited El General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Mil S-t�
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
v cu iv Nauonai Notary Association - NationalNotary.org - 1- dUU -U6 NU I ANY (1- 8UU -a /b -(j827) Item #5907
Deed of Trust
Page 17
Exhibit A
Legal Description
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:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA 157 -06 (SLO AL 06- 0200),
AS EVIDENCED BY DOCUMENT RECORDED MARCH 13, 2007 AS INSTRUMENT NO.
07 -16834 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT 10 ACCORDING TO MAP RECORDED DECEMBER 9, 1874 IN
BOOK A, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA; AND THAT PORTION OF
LOT 1 OF SOUTHSIDE VILLA TRACT ACCORDING TO MAP RECORDED NOVEMBER
1, 1915 IN BOOK 2, PAGE 6 OF SAID MAPS, IN THE OFFICE OF SAID COUNTY
RECORDER; BEING IN THE CITY OF SAN LUIS OBISPO; SAID PORTIONS BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" REBAR WITH TAG LS 5145 SET IN THE EAST LINE OF LOT 2
ACCORDING TO MAP RECORDED IN BOOK 10, PAGE 14 OF MAPS IN THE OFFICE OF
SAID COUNTY RECORDER WHICH LIES N00 027'04 "E 161.53 FEET FROM THE
NORTHWEST CORNER OF PARCEL A OF PARCEL MAP SLO 80 -128, ACCORDING TO
MAP RECORDED MAY 26, 1981 IN BOOK 30, PAGE 55 OF PARCEL MAPS IN THE
OFFICE OF SAID COUNTY RECORDER, THENCE N89 °57'02 "E 269.66 FEET TO AN
INTERSECTION WITH THE EAST LINE OF THE PARCEL DESCRIBED IN THE DEED
RECORDED IN BOOK 1238, PAGE 199 OF OFFICIAL RECORDS IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE NORTHERLY ALONG SAID EAST LINE
N00 019'56 "E 240.69 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF SOUTH STREET (BEING A LINE PARALLEL AND 50.00' SOUTHERLY OF THE
CENTERLINE OF SAID SOUTH STREET); THENCE WESTERLY ALONG SAID SOUTH
RIGHT -OF -WAY LINE S89 054'16 "W 20.00 FEET TO AN INTERSECTION WITH THE
WEST LINE OF SAID LOT 1 OF SOUTHSIDE VILLA TRACT; THENCE SOUTHERLY
ALONG SAID WEST LINE S00 09'22 "W 6.00 FEET TO AN INTERSECTION WITH A LINE
A LINE PARALLEL TO AND 56.00' SOUTHERLY OF THE CENTERLINE OF SAID
SOUTH STREET; THENCE WESTERLY ALONG SAID PARALLEL LINE S89 °54'16 "W
249.18 FEET TO THE NORTHEAST CORNER OF SAID LOT 2 PER 10 MB 14; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID LOT 2 S00 °27'04 "W 234.47 FEET TO
THE POINT OF BEGINNING
17
Deed of Trust
Page 18
THIS PARCEL ALSO SHOWN ON A RECORD OF SURVEY MAP RECORDED IN BOOK
96, PAGE 87 -88 OF RECORDS OF SURVEYS IN THE OFFICE OF SAID COUNTY
RECORDER.
Assessor's Parcel No.: 004 - 811 -039
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END OF DOCUMENT