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HomeMy WebLinkAboutContracts & Agreements_216-2017 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# 2017-0430163 Titles 1 Pages 16 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 ERIC HILL AND JENNIFER HILL FOR THE PRESERVATION AND BENEFIT OF THE HISTORIC RESOURCE OR CONTRIBUTING STRUCTURE PROPERTY LOCATED AT 1049 CLIFTON 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 Eric Hill and Jennifer Hill(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 1049 Clifton Avenue Redlands, California, 92373, (hereinafter such property shall be referred to as the "Property") A grant deed, quitclaim deed, and legal description of the HISTORICAL PROPERTY CONTRACT Property and 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 September 16, 2016 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 Eric Hill and Jennifer Hill Owners Address 1049 Clifton 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 joint 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 arse 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 7V! 01 k ) ByL�� 0— L` ('�) Mayor, City of Redlands ATTEST By /�� Ci�lerk By: �. Owner Signature* .T ,,,c /f,/// Print Name Date r By Ow r Sig ure* Print Name Date Approved Recording signature Method The contract signature(s)and printed 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 certiTicate is attached, and not the truthfulness accuracy or | � validity ofthat document / STATE OF California COUNTY OF San Bernardino On 10 1 \-7 / \—1 before me [|8|tk/O GUBSOOD. Deputy City Clerk . (Date) (Name and fitie of the officer) personally appeared Paul Foster and Jeanne Donaldson who proved bzmeonthe basis ofsatisfactory evidence tobethe hosenmme(s) is/are subscribed to the within instrument and acknovvIedged to me that he/she/they executed the same in hislher/their authorized capaoity(teo) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pesmn(s) acted executed the instrument | certify under PENALTY OF PERJURY under the |ewe of the State of California that the foregoing paragraph /s true and correct WITNESS myhand and official seal Signature of officer Rev 01m/ 2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 yr XF A 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 Califor is ) Countv of ) , On �k efore me, Date , e Insert(V me an lel rthe Offi er personally appeared I l Na (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)//are subscribed to the within instrument and acknowledged to me that 1 /�1'S'e/they executed the same in I d/bef/their authorized capacity(ies), and that by hjbr/Vr/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 I. R MCCASLAND Commission t 2143166 Z Notary Pubk•California = Signature Riverside County ' Signature of Notary Public My Gomm 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 Recorded in Official Records County of r tI; ;, San Bernardino, > _ll j'y//����oa /� �rrY Walker, Recorder 1.REQL 1.fvi D Ft.. UiViJil�i� Doc No • 20010504521 RECORDPVG REQUESTED BS AND WHEN RECORDED MAIL TO S ° 00am 11/05/01 ERIC HILL JENNIFER R HILL �(FIDEM NFL 1f 11LE A # 06 1049 Clifton Redlands, CA 92373 y 3 4 [� 1� 6 7 a) 31 o, , P F A F GI S PN PY YJ CPY A0 NNt PEN PR P R / 1� cp 7 55 3 CD Zip Z t ( I S B�I t fi I �c NON Sr LN CIT-CO AR 7A 0A CHR AM A P N 0172 341-26 Order No 33026211 Escrow No 18961-JF GRANT DEED THE LNDERSIG'Y'ED GRANTOR(s)DECLARES)THAI DOCUMENTARY TRANSFER TAX iS COUNTY 5379 50 [ J] computed on full value of property conveyed, or [j computed on full value less value of liens or encumbrances remaining at time of sale, unincorporated area, [ ] C;ty of Redlands and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged MARII-Y`r E HOLCOMBE, a widow and SANDRA GILLAM, Co Trustee and CHARLES E HOLCOMBE, JR and TIMOTHY R HOLCOMBE,Co-Trustees under the will of Charles E Holcombe hereby GRANT(S)to ERIC HILL and JENNIFER R HILL, husband and wife as joint tenants the following described property in the City of Redlands County of San Bernardino State of California, That portion of Lot 3 112, Block"R ,Fifth Addition of Second Preliminary Map of Redlands,in the City of Redlands, Countv of San Bernardino, State of California,�nore fully described as follows +-� C.,57Pe li~taq r --� ecc'vec�Iti C�r� Sc�({tfu{}fit �ci ciG' ! Beginning at a point on the Northwesterly line of said lot 3 112(identical with the Southeasterly line of 60 `feet wide Clifton Avenue)which is South 56° 20' West 268 feet from the intersection of said line with the Northeasterly line of said Lot 3 112,thence continuing along said Southeasterly line of Clifton Avenue;,South 56° 20' West 100 feet, thence at right angles South 33° 40' East 123 feet,thence North 56=20' East 100 feet,thence North 33°40' West 123 feet to the point of beginning Document Date Oc,ober 15 2001 ,-MARILY,td E HOT COM E MOLC MB , o er the will of Charles F Holcombe SANDR. GILLAM, Co Trustee under the will of Charles o1 ombe aoEtelve F; FOGc / Al", aCOMM n1226348 Z -k> NOTARY F*l1BlIC CA0-ORNIA .,r� SAN eEANARDi40 COUNTY E HOLCOMBE, JR, Co-Trustee MtAM MY Commission ExAires R7SY 21 says Under the will of Charles E Holcombe GRANT DEED CONTINUED ON NEXT PAGE Mail Tax Statements to SAME AS ABOVE or Address Noted Below A P N 0172-341-26 CONTINUATION OF GRANT DEED STATE OF CALIFORNIA )SS COUNTY 1OFSan_Bernardino_ on October 25 2001 before me Joelene R. Fogg Isotary Public personally appeared Timoth,, R Holcombe proved to me on the basis ofsattsfacrory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that hels th same in his/her/their authorized capacity(ics)and that by his/herlibeir signarare(s)on the instrument ,I"h executed r the person(s)or the entity upon behalf o I eTson(s)acted executed the instrument y hand and official sea] ",am an o, JOELENE R FOGG nature ,t VIACIARI ;-,,S 1(, CA-IFpRNIA SAN qERNARDINO COLNTY Ca—i SS,Qn E.P--s May 21 2003 A P N 0172-341-26 CONTTNUATION OF GRANT DEED STATE OF CALIFOR-MA )SS COUNTY QF__S _an-J�ernardino On October 25. 2001 before me Joelenc R FoPR Notary Public personally appeared Marl lvn E. Holcombe and Sandra Gillam and Charles E. Holcombe, Jr kNqW1qqWV�V(or proved to me on the basis of satisfactory evidence)to be the person(s)whole name(s)is/are subscribed to the within instrument and acknowledged to in,,that hclshelthe}executed the same in his/herItheir authorized capacity(ics)and that by hisIberitheir signature(s)on the instrument ,he or the entity upon behalf of which;on(s)acted executed the instrument Wj e uy of 'fly a S in,�,hand eand DIffificial seal 'd antre JORENE R FOGG COMM #12-0:34 j g PUs .e R Fo g _,C CALIFORNIA Joelene R SAN 6ERNARDip4C COUNTY LMY-00mmission ExDue5 MaY 21 2003 Attachment 6 Property and Rehabilitation/Restoration/Maintenance Plan 1049 Clifton -Rehabilitation Plan Year Work Estimated Cost Estimated YearlyCumulative Cost Culmulative Tax Reduction Tax Relief Foundation Work-Level, 1 $64,205 $3,650 $64,205 $3,650 Reinforce,and Retrofit 2 Reroof $22,000 $3,650 $86,205 $7301 3 Carry over from years 1 and 2 $3,650 $86,205 $10,951 4 Carry over from years 1 and 2 $3,650 $86,205 $14,602 5 Carry over from years 1 and 2 $3,650 $86,205 $18,252 6 Carry over from years 1 and 2 $3,650 $86,205 $21,903 7 Carry over from years 1 and 2 $3,650 $86,205 $25,553 8 Carry over from years 1 and 2 $3,650 $86,205 $29,204 9 Carry over from years 1 and 2 $3,650 $86,205 $32,854 10 Carry over from years 1 and 2 $3,650 $86,205 $36504 Total Cost. $86,205 Total Tax Relief $36,504 Attachment C Secretary of Interior Standards Secretary of the Intenor'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 building 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 severity 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, materials 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