HomeMy WebLinkAboutContracts & Agreements_215-2017 Electronically Recorded in Official Records,County of San Bernardino 10118/2017
BOB DUTTON N 13 AM
NC
ASSESSOR RECORDER CLERK
J 367 City of Redlands Clerk
RECORDING REQUESTED BY DOC# 2017-0430164 Titles 1 Pages 14
WHEN RECORDED RETURN TO Fees 00
CITY OF REDLANDS Taxes 00
DEVELOPMENT SERVICES DEPT Other 00
P O BOX 3005 PAID 00
REDLANDS,CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE IS RESERVED FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
HISTORIC PROPERTY CONTRACT
BY AND BETWEEN THE CITY OF REDLANDS
A MUNICIPAL CORPORATION, AND
TRAVIS LOSEY AND APRIL LOSEY
FOR THE PRESERVATION AND BENEFIT OF
THE HISTORIC RESOURCE OR
CONTRIBUTING STRUCTURE PROPERTY LOCATED AT
933 WALNUT AVENUE, REDLANDS, CA 92373
THIS HISTORICAL PROPERTY AGREEMENT ("Agreement") is made and entered
Into this 17th day of October, 2017, by and between the CITY OF REDLANDS, a
municipal corporation (hereinafter referred to as the"City") and Travis Losey and April
Losey (hereinafter referred to as the "Owner") City and Owner are sometimes
individually referred to herein as a"party" and, together, as the "Parties "
RECITALS
A California Government Code Sections 50280, et seq authorize cities to enter Into
contracts with the owners of qualified historical properties, as defined in California
Government Code Section 50280 1, to provide for the preservation, use, maintenance
and restoration of such historical properties so as to retain their characteristics as
properties of historical significance
B Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, located at the street address 933
Walnut Avenue Redlands, California, 92373, (hereinafter such property shall be
referred to as the "Property") A grant deed, and legal description of the Property and
HISTORICAL PROPERTY CONTRACT
the Rehabilitation/Restoration/Maintenance Plan (hereinafter referred to as the "Plan")
for the Property is attached hereto, marked as Exhibits "A," and "B", respectively, and
are incorporated herein by this reference
C On January 2, 1990 The Property was designated as a local historic resource of
significant value
D City and Owner, for their mutual benefits, now desire to enter into this Agreement
both to protect and preserve the characteristics of historical significance of the Property
and to qualify the Property for an assessment of valuation pursuant to the provisions of
Section 439 et seq , of the California Revenue and Taxation Code
NOW THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
set forth herein, do hereby agree follows
1 Effective Date and Term of Agreement.
This Agreement shall be effective and commence on the date it is recorded
(hereinafter referred to as the "Effective Date") and shall remain in effect for a term
of ten (10) years (the "Term") thereafter Each year upon the anniversary of the
Effective Date, such Term will automatically be extended by one (1) year, subject to
provisions of paragraph 2, below
2 Renewal.
Each year on the anniversary of the Effective Date of this Agreement (hereinafter
referred to as the "Renewal Date"), one (1) year shall automatically be added to the
Term of this Agreement unless notice of nonrenewal is mailed as provided herein If
either Owner or City desires in any year not to renew the Agreement, Owner or City
shall serve written notice of nonrenewal of the Agreement on the other Party in
advance of the annual Renewal Date of this Agreement Unless such notice is served
by City to Owner at least ninety (90) days prior to the annual Renewal Date, or such
notice is served by Owner to City, one (1) year shall automatically be added to the
Term of the Agreement as provided herein Upon receipt by Owner of a notice of
nonrenewal from City, Owner may make a written protest of the notice City may, at
any time prior to the annual Renewal Date of the Agreement, withdraw its notice to
Owner of nonrenewal If either City or Owner serves notice to the other of
nonrenewal in any year, the Agreement shall remain in effect for the balance of the
term then remaining, either from its original execution or from the last renewal of the
Agreement, whichever may apply
3. Standard for Historical Property
During the term of this Agreement, the Property shall be subject to the following
conditions, requirements and restrictions
a Owner shall preserve and maintain the characteristics of historical significance of
the Property in accordance with the Plan Attached hereto, marked as Exhibit
"B", and incorporated herein by this reference, is a list of those minimum
HISTORICAL PROPERTY CONTRACT
standards and conditions for maintenance, use and preservation of the Property,
which shall apply to such property throughout the Term of this Agreement
b. Owner shall restore and rehabilitate the property according to the Plan, the rules
and regulations of the Secretary of the Interior's Standards for Rehabilitation
(Exhibit"C") and the California Historical Building Code
c. Owner shall allow reasonable periodic examinations, by prior appointment, of the
interior and exterior of the Property by representatives of the San Bernardino
County Assessor, State Board of Equalization and City, as may be necessary to
determine Owner's compliance with the terms and provisions of this Agreement
d. Owner shall expend one hundred percent (100%) of the property tax savings
recognized by Owner during the Term of this Agreement to finance the
preservation, maintenance, rehabilitation and improvement of the Property
Owner shall maintain records and documentation of such property tax savings and
expenditures and shall provide annually a written accounting to the City City
shall have the right to audit Owner's property tax records and expenditures for the
purposes of ensuring Owner's compliance with the requirements of this
subsection 3d
4 Provision of Information of Compliance.
Owner hereby agrees to furnish City with 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
5. Office of Historic Preservation
City shall provide written notice of this Agreement to the State Office of Historic
Preservation within one (1)month of City's approval of this Agreement
6. Cancellation
City, following a duly noticed public hearing as set forth in California Government
Code Sections 50280, et seq , may cancel this Agreement if it determines that Owner
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 Historic Resource or
Contributing Structure City may also cancel this Agreement if it determines that the
Owner has failed to restore or rehabilitate the Property in the manner specified in
subparagraph 3(b) of the Agreement, including but not limited to Owner's failure to
comply with the Plan and/or Owner's failure to complete the rehabilitation and
restoration identified in the Plan as provided for in the Plan In the event of
cancellation of this Agreement by City, Owner shall pay the State of California a
cancellation fee of Twelve and One-Half percent (12 ''/z%) of the current fair market
value of the Property at the time of cancellation, as determined by the San Bernardino
County Assessor without regard to any restrictions of the Property imposed pursuant
to this Agreement Payment of the fee shall be made in accordance with the
provisions of subsection (b) of Section 50286 of the California Government Code
7 Enforcement of Agreement
HISTORICAL PROPERTY CONTRACT
In lieu of and /or in addition to any provisions permitted cancelation of this
Agreement as referenced herein, City may specifically enforce, or enjoin the breach
of, the terms of this Agreement In the event of a default under the provisions of this
Agreement by Owner, City shall give written notice to Owner by registered or
certified mail addressed to the address stated in this Agreement, and if such a
violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days thereafter, or if not corrected within such a reasonable time as may be required
to cure the breach or default if said breach or default cannot be cured within thirty
(30) days (provided that acts to cure the breach or default must be commenced within
thirty (30) days and must thereafter be diligently pursued to completion by Owner),
then 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 Owner pursuant to the terms of this Agreement, apply to any court, state of federal,
for injunctive relief against any violation by Owner, or apply for such other relief as
may be appropriate City does not waive any claim of default by Owner if 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 City's regulations governing
historic properties are available to the City to pursue in the event that there is a beach
of this Agreement No waiver of any breach or default under this Agreement shall be
deemed to a waiver of any other subsequent breach thereof or default hereunder
8 Binding Effect of Agreement
The Owner herby voluntarily subjects the Property described in Exhibit "A" hereto to
the covenants, reservation and restrictions as set forth in the Agreement 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 Property Each and every contract, deed or other instrument hereinafter
executed, covering or conveying the 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 whether or not
such covenants, reservations and restriction are set forth in such contract, deed or
other instrument
City and Owner herby declare their understanding and intent that the burden of the
covenants, reservations and restrictions set forth herein touch and concern the land in
that Owner's legal interest in the Property is rendered less valuable thereby City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Property for the benefit
of the public and Owner
9 Notice
Any notice required to be given by this Agreement shall be provided at the respective
address of Parties as specified below or at any other address as may be later specified
below or at any other address as may be later specified by the parties hereto
HISTORICAL PROPERTY CONTRACT
To City City Clerk
City of Redlands
P O Box 3005
Redlands, CA 92373
To Owner Names Travis Losey and April Losey
Owners
Address 933 Walnut Avenue
Redlands, CA 92373
10 General Provisions
a None of the terms, provisions or conditions of this Agreement shall be deemed
to create a partnership between the Parties and any of their heirs or successors
or assigns, nor shall such terms, provisions or conditions cause them to be
considered point ventures or members of any joint enterprise
b Owner agrees to and shall hold City and its elected officials, officers, employees
and agents harmless from any and all liability for damage or claims for personal
injuries, including death, and claims for property damage which may arise from
the direct of indirect use of operations of Owner or those of Owner's
contractors, subcontractors, agents, employees or other persons acting on the
Owner's behalf which relate to the use, operation and maintenance of the
Property Owner hereby agrees to an shall defend and indemnify the City and
its elected officials, officers, employees and agents with respect to any and all
actions for damages caused by, or alleged to have been caused by, reason of
Owner's activities in connection with the Property This provision applies to all
damages and claims for damages suffered, or alleged to have been suffered, by
reason of operations referred to in this Agreement whether of not the City
prepared, supplied or approved the plans, specifications or other documents for
the Property
c 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, and their heirs, successors and assigns of the Property, whether by
operation of law or in any manner whatsoever
d In the event any action or proceeding is commenced 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,
the prevailing party in such proceeding may recover all reasonable attorneys'
fees to be fixed by the court, in addition to fees incurred by a Party for in-house
counsel, and in addition to court costs and other relief ordered by the court
e. 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
HISTORICAL PROPERTY CONTRACT
L This Agreement shall be construed in accordance with and governed by the laws
of the State of California
11 Recordation
No later than twenty (20) days after City's approval of this Agreement, City shall
cause this Agreement to be recorded in the Office of the County Recorder of the
County of San Bernardino
12. Amendments
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the Parties
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed
THE CITY OF REDLANDS
By 77�C�� � "" a ��� '
By
�Vtda—yor, City of Redlands
ATTEST
By
CltygAk, Jziv�
By:
Owner Signature*
T. v), �,l
17-
Print Name Date
By
Owne i ature*
Print Name Date
'Approved Recording signature Method The contract signature(s)and panted name(s)above MUST BE IDENTICAL to the printed name(s)on the first page of the contract
and the Notary Acknowledgement Form If this the contract will be rejected by the County Recorder
HISTORICAL PROPERTY CONTRACT
ALL CAPACITY ACKNOWLEDGMENT
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 truThTulness, accuracy, or
�
validity ofthat document �
STATE OF California
COUNTY OF San Bernardino
On \�) �/
\ —1 / \ -1 before me, {}8|tIyO GuesnDD. Deputy {||ty Clerk .
(Date' (Name and title mthe offica,)
personally appeared Paul Foster and Jeanne Donaldson
(Name m pe,son signinq)
who proved to rne on the basis of satisfactory evidenceto be thsubscribed to
the within instrument and acknowledged tomethat h /ska/they*xeoutedtheaomemh/a/hec/the/routhonzad
nepaoity(ieo) and that byh/o/h*r/tho/rs/gnature(s) onthe instrument the peneon(s) orthe entity upon behalf of
which the penson(a)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 myhand and official seal
RE D
41
ot//utu/e Of officer
� .
Rev 01m1/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 Cdfi/k�A&V_hlO
iaCou y of 0mki � P 0aw
re,O lx �
DateHere Ins rt e an /tie o he Of cer
personally appeared 1 (� i�
Name(s) of Signe s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jdare
subscribed to the within instrument and acknowl dged to me that fs e/they executed the same in
hj/h�f/their authorized capacity(ies), and that by is/lir/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
R�MCC SLANG
Commission#2143166 Signature Omit.i
Notary Public California -
Riverside County Signa re of Notary Public
My Comm Expires Feb 19,2020
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other ❑ Other
Signer Is Representing Signer Is Representing
02014 National Notary Association www National Notary org • 1-800-US NOTARY(1-800-876-6827) Item #5907
Attachment A
Grant Deed and Legal Description
Electronically Recorded in Official Records County of San Bernardino 8/25/2015
11 25 AM
Lawyers litle BOB DUTTON CA
Y ASSESSOR RECORDER CLERK
RECORDING REQUESTED BY 879 Lawyer's Title
Lawyers Title Company
Escrow No 6333 AY Doc# 2015-0362619 Titles 1 Pages 5
Title Order No
WHEN RECORDED MAIL Fees 37 00
DOCUMENT Taxes 962 50
AND TAX STATEMENT TO other 00
Travis Losey and April Losey PAID 999 so
933 Walnut Avenue
Redlands,CA 92373
APN 0175-063-03-0-000 SPACE ABOVE THIS LINE FOR RECORDER'S USE
U I S(oq 5I j?? GRANT DEED
The undersigned grantor(s)declare(s)
Documentary transfer tax is$962.50
Ix] Computed on full value of property conveyed,or
Computed on full value less value of liens or encumbrances remaining at time of sale,
Unincorporated Area City of Redlands
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,Jerry D.Hoyle and
Sharon Hoyle,Trustees of the Hoyle Trust dated April 12,2010
hereby GRANT(S)to Travis Losey and April Losey Husband and Wife as Community property
with right of survivorship
the following described real property in the City of Redlands,County of San Bernardino,State of
California
Complete legal description attached hereto"Exhibit A°
DATED July 15,2015
Jerry D Hoyle and Shwon Hoyle, Trustees of the
Trust ated April 12 2010
&-V4.
*JeHoyle, rustee
�r
Sharon Hoyle,Trustee
A notary pubic 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
'4
STATE OF CAtJt= I�AK tty� �COU Ot= I I Ill O 12 /� M 1' Q � a ry
ON i, I%� fo e, (S� C t�I
proved to;.m
Public,P+a a lyappeared l who
on the basis of safisfadory evidence)to the perso whose name(s) i s bscribed to the within by
and a ed to me that hey ecuted the same in h' ei authorized capadty0*
and list blether �F:ns
atureis}-on the Instru the person( or the entity n behalf of which the ed
exe'e tiument i certify under Penalty of Pequry under the laws of the State of California Ing
paragraph Is true d correct
Witn my nd d fficial sea tyuwnuunnuiulntnlmmuu nunaa
COTATiS3108#2022415
Sig ature vNotary PiAlfic California
San Bernardmi county
MtVI
STATENWNTS AS DIRECTED AIO 14,�w 28,2e 7'
GRANT DEED 1nIiIIIII111111III11111111111111Iilllllinii9iti3n4t3 e tT i§8�19Enlifd•
Mail tax statements to f
Return address as shown above
Attachment B
Property and Rehabilitation/Restoration/Maintenance Plan
933 Walnut Avenue -Rehabilitation
Year Work Estimated Cost Estimated YearlyCumulative Cost Culmulative Tax Reduction
Tax Relief
1 Replace A/C and Furnace $17,819 $7,614 $17,819 $7,614
2 11 $0 $7,614 $17,819 $15,228
Structural Strengthening and
3 Restoration of Exterior Porches $25,50000 $7,614 $43,319 $22,841
and foundation
Carry over from first two
4 $7,614 $43,319 $30,455
projects
Carry over from first two
5 $7,614 $43,319 $38,069
projects
6 Painting exterior of house and $39,74000 $7,614 $83,059 $45,683
carriage house
7 Carry over from Year 6 (Painting) $7,614 $83,059 $53,297
8 Carry over from Year 6 (Painting) $7,614 $83,059 $60,910
i
9 Carry over from Year 6 (Painting) $7,614 $83,059 $68,524
10 Carry over from Year 6 (Painting) $7,614 $83,059 $76,138
Total Cost. $83,059- Total Tax Relief $76,138
Attachment C
Secretary of Interior Standards
Secretary of the Interior's Standards for Rehabilitation
1 A property shall be used for its historic purpose or be placed in a new use
that requires minimal change to the defining characteristics of the budding
and its site and environment
2. The historic character of a property shall be retained and preserved The
removal of historic materials or alteration of features and spaces that
characterize a property shall be avoided.
3 Each property shall be recognized as a physical record of its time, place,
and use Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from other
buildings, shall not be undertaken
4 Most properties change over time, those changes that have acquired
historic significance in their own right shall be retained and preserved
5 Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved
6 Deteriorated historic features shall be repaired rather than replaced
Where the seventy of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture, and
other visual qualities and, where possible, matenals Replacement of
missing features shall be substantiated by documentary, physical, or
pictorial evidence
7 Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used The surface cleaning of
structures, if appropriate, shall be undertaken using the gentlest means
possible
8 Significant archeological resources affected by a project shall be protected
and preserved If such resources must be disturbed, mitigation measures
shall be undertaken
9 New additions, exterior alterations, or related new construction shall not
destroy historic materials that characterize the property The new work
shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic
integrity of the property and its environment
10 New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the essential
form and integrity of the historic property and its environment would be
unimpaired