HomeMy WebLinkAboutD-2103 Historic Property Preservation Agreement 868 UphamRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo CA 93401
Tommy Gong
San Luis Obispo - County Clerk -Recorder
10/23/2018 01:48 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 10
Fees: $0.00
Taxes: $0.00
Total: $0.00
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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.
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.
RECEIVED
OV 17 2018
ALO CITY CLERK
9Z%o3
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 Jason Richard Browning and Maggie Swartz Browning, Co -Trustees of the Jason and
Maggie Browning Family Trust, dated September 24, 2007 (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.
Historic Property Preservation Agreement
868 Upham Street
Page 2
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 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
Historic Property Preservation Agreement
868 Upham Street
Page 3
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 '/�% 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);
Historic Property Preservation Agreement
$68 Upham Street
Page 4
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: Jason and Maggie Browning Family Trust
c/o Jason R. Browning and Maggie S. Browning
868 Upham Street
San Luis Obispo CA 93401
Historic Property Preservation Agreement
868 Upham Street
Page 5
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 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.
£ 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.
Historic Property Preservation Agreement
868 Upham 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 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
Jason and
Richard
Family Trust, dated September 24, 2007
Co -Trustee
M
Pursuant to authority
ATTEST:
� �V ollo 0"- 1�
Teresa Purrington
City Clerk
VED AS TO FORM:
!],
J. laristinc Dietrick
Citk Attorney
0 Ll 4
LIZ
Date
10/1(0112
Date
1z) 1A -2 / / R01
ate
i No. 10935 (2018 Series)
ALL SIGNATURES MUST BE NOTARIZED
Historic Property Preservation Agreement
868 Upham Street
Page 7
EXHIBIT "A"
MAINTENANCE AND IMPROVEMENT MEASURES
FOR THE HARRY H. LYMAN 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.
,Historic Property Preservation Agreement
868 Upham Street
Page 8
EXHIBIT "B"
Legal Description
For APN/Parcel ID(s): 003-646-014
PARCEL 1:
Lot 12 in Block 180 of Loomis' Addition to the City of San Luis Obispo, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded
January 4, 1877.
PARCEL2:
That portion of Lot 9 in Block 180 of Loomis' Addition to the City of San Luis Obispo, in
the City of San Luis Obispo, County of San Luis Obispo, State of California, according
to Map recorded January 4, 1877, described as follows:
Beginning at the most Northerly corner of said Lot and running thence Southeasterly
along the Northeasterly line thereof; 50 feet to the most Easterly corner of said Lot;
Thence Southwesterly along the Southeasterly line of said Lot, 39.1 feet; Thence
Northwesterly and parallel with the Northeasterly line of said Lot, 50 feet to a point in the
Northwesterly line of said Lot; Then Northeasterly along said Northwesterly line, 39.1
feet to the point of beginning.
Historic Property Preservation Agreement
868 Upham Street
Page 9
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On sober I b _ _$ , before me lnt? aro fz� �� [,
Date Name and Title of the Dfficcr
personally appeared,
✓1
who proved to me on the basis of satisfactory evidence to be the person whose name{, c,114arc
subscribed to the within instrument and acknowledged to me thatOysh" executed the same in
(@i lw authorized capacityOO, and that by � sigrtatureo on the instrument the
persono, or the entity upon behalf of which the pers6K 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. '� Commisa}an M 2252395
•' Notary Public - Calitomie
San Luis Obispo County
f My Cvmm. Expires August 3, 2022
Signature
Signattue of NoWryPublic Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On &Ao e rl b� before me. Mu n � j� Q jL'
Dam - Name andTitle of the Offiieer
personally appeared, ) "jai
f
who proved to me on the basis of satisfactory evidence to be the person whose name{4(l1AiFe--
subs abed to the within instrument and aclrnowledged to me that -executed the same in
authorised capacity�ies�, and that by �jir signatures on the insfiunent the
perso sj, or the entity upon behalf of which the person acted, executed the instxument.
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 [A u
Signal= of Notary Public
. - + Mahlim Aaron Ward
Commission • 2252395
Si
a Notary Public - Cslif enia
San Luis Obispo County
Place Notary Seal Above
My Comm. Expires August 3, 2022
END OF DOCI)MF7%,1T