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HomeMy WebLinkAboutContracts & Agreements_3-2015_CCv0001.pdf Recorded In Oflioial Records,County of San Bernardino 1/0712015 -' BOB DUTTON 1CA Am 'AN BSfiRARD1 ;, ASSESSOR - RECORDER — CLERK SAN P Counter dly � Doc#: 20'[5--000�3756 Titles: 1 Pages: 16 RECORDING RE ESTEFees 0.00 WHEN RECORDED RETURN TO: Taxes 0.ee other• 0.ee CITY CLERK PAIR $0.00 CITY OF REDLANDS P.O. BOX 3005 REDLANDS,CA 92373 FEES NOT REQUIRED SPACE ABOVE THIS LINE 1S RESERVED FOR RECORDER'S USE PER GOVERNMENT CODE SECTION 6103 HISTORIC PROPERTY CONTRACT BY AND BETWEEN THE CITY OF REDLANDS, A MUNICIPAL CORPORATION,AND BEHRENS HARDY FAMILY TRUST FOR THE PRESERVATION AND BENEFIT OF THE HISTORIC RESOURCE OR CONTRIBUTING STRUCTURE PROPERTY LOCATED AT 1240 WEST OLIVE AVENUE, REDLANDS, CA 92373 THIS HISTORICAL PROPERTY AGREEMENT (Agreement") is made and entered into this 8tl' day of December 2014,by and behveen the CITY OF REDLANDS, a municipal corporation (hereinafter referred to as the"City") and Behrens Hardy Family Trust (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 Section 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 1240 West Olive Avenue Redlands, California 92373, (hereinafter such property shall be referred to as the "Property"). A legal description Of the Property and Rehabilitation/Restoration/Maintenance Plan (hereinafter referred to as the "Plan") for HISTORICAL PROPERTY CONTRACT MAY 2014 Page 11 the Property are attached hereto, marked as Exhibits "A," and "B," respectively, and are incorporated herein by this reference. C. On April 15, 2014 the City Council of the City of Redlands declared the Historic Resource No. 116 pursuant to Section 2.62.180 (Procedure For Designation) of the Redlands Municipal Code. D. City and Owner, for their mutual benefit, 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 as 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 Tenn will automatically be extended by one (1) year, subject to the 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 this Agreement, Owner or City shall serve written notice of nonrenewal of this 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 Tenn of this 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 this Agreement, withdraw its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of this Agreement, whichever may apply. 3. Standard for Historical Property. During the Tenn 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, Resolution 7371, and the provisions of Chapter 2.62 of the Redlands Municipal Code. Attached hereto, marked as Exhibit`13," and incorporated herein by this reference, is a list of those minimum HISTORICAL,PROPERTY CONTRACT MAY 2014 Page 12 standards and conditions for maintenance, use and preservation of the Property, which shall apply to such Property throughout the Tenn 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 detennine 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 Tenn 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 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 City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 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. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Section 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 Owner has failed to restore or rehabilitate the Property in the manner specified in subparagraph 3b of this 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 V2%) 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 on 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. 6. Enforcement of Agreement. HISTORICAL PROPERTY CONTRACT MAY 2014 Page 13 In lieu of and /or in addition to any provisions pennitting cancelation of this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the ten-ns 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 snail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of 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 or 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 breach of this Agreement. No waiver of any breach or default under this Agreement shall be deemed t0 a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Agreement. Owner herby voluntarily subjects the Property described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this 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 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 hereby 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. 8. Notice. HISTORICAL PROPERTY CONTRACT MAY 2014 Page 14 a Any notice required to be given by this Agreement shall be provided at the respective addresses of the 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 a Party. To City: City Clerk City of Redlands P.O. Box 3005 Redlands, CA 92373 To Owner: Name Kathy Behrens Owner Address 1240 West Olive Ave. Redlands, CA 92373 9. 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 terins, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner 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 or indirect use of operations of Owner or those of Owner's contractors, subcontractors, agents, employees or other persons acting on Owner's behalf which relate to the use, operation and maintenance of the Property. Owner hereby agrees to and shall defend and indemnify City and its elected officials, officers, employees and agents with respect to any and all actions for damages or liability 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 or not City prepared, supplied or approved the plans, specifications or other documents for the Property. e. 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. HISTORICAL PROPERTY CONTRACT MAY 2014 Page 15 e. In the event that any provision of this Agreement is 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. L This Agreement shall be construed in accordance with and governed by the laws of the State of California. 10. 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. 11. 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: By: &A) Mayor, City of Redlands ATTEST: By: City Clerk i By: Owner Si�►are* l I ru-5 (2(� --ory6i� �' �treh5tt6ri Ra-l( rbn Print Nam Date By: 124��g O ner §ignatre* 2 C✓ �"�� L * Approved Recording signature Method: The contract signature(s)and printed names(s) above MUST BE IDENTICAL to the printed name(s)on the first page of the contract and the Notary Acknowledgement Fonn. If not,the contract will be rejected by the County Recorder. HISTORICAL PROPERTY CONTRACT MAY 2014 I' , _ 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo is County of ` I II On before me, r Date He Insert Name and Tif e th facer ' personally appeared 41 e(s)of Signers 0 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)k are subscribed to the within instrument and acknowledy ed to me that Wsh}etthey executed the same in hK/britheir authorized capacity(ies), and that by Wlx their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rA L.R. CASLAND Commie ion* t9S56gi Notary Public-California I certify under PENALTY OF PERJURY under the laws Sen Bernardino County of the State of California that the foregoing paragraph is M Comm.Ex irn Feb 1 p 201 true and correct. WITNESS y hrjjial al. Signature Place Notary Seal Above V srghbffirdotary 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _ 1111 ❑ Attorney in Fact ❑Attorney in Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NafionaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800.876-6827 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 8, 2014, before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands, California, personally appeared Paul W. Foster, Mayor, and Sain Irwin, City Clerk of the City of Redlands, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. •. o POR T''•. �, SAM IRWIN, CITY CLERK * 1883 Jeat Donaldson, Deputy City Clerk (90798-7531 ----------------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER(S) { } Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation ------------------------------------------------------------------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Historic Property Contract Date of Document: December 8, 2014 Signer(s) Other Than Named Above: Katlnr}nn E Behrens, Trustee and Roger Hardy, Trustee for the Behrens Hardy Family Trust t Ez EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW 1S SITUA'T'ED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS I AND 2,BLOCK.30 OF WEST REDLANDS,IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, OF MAPS, PAGE 22, RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF OLIVE AVENUE, NORTH 56 DEG, 20' 00" EAST, 363.12 FEET FROM THE INTERSECTION THEREOF WITH THE INTERSECTION OF LAKESIDE AVENUE; THENCE NORTH 33 DEG. 40' 00" WEST, 50.00 FEET TO A POINT ON THE NORTH LINE OF OLIVE AVENUE; THENCE SOUTH 56 DEG.20'00" WEST, 100.22 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 DEG. 20' 00" WEST, 127.00 FEET; THENCE NORTH 33 DEG. 36' 40" WEST, 227.26 FEET;THENCE NORTH 57 DEG.29' 13"EAST,127.02 FEET;THENCE SOUTH 33 DEG.36'40"EAST,224.70 FEET TO THE TRUE POINT OF BEGINNING. APN: 0172-071-18-0-000 RECORDING REQUEMD BY Eledronlcaily Recorded In Official Records,County of San Bernardino 610 512 01 3 Fidelity National Title Company DENNIS DRAEGER 03:32 PM 9-01 FsmwNo.:0600473KP' NC 'Title Order Na,: 4739-9fl-g j ASSESSOR-RECORDER-CLERK When Recorded Mm Document and 742 Fidelity National Title Co. Tax Statement To. ROGER D-HARDY Doc#: 2013-0238612 rrtles: , Rages: z KATHRYN E.BEHRENS 1240 WEST OLIVE AVENUE Fees 26.00 REDLANDS,CA 92373 Taxes .00 111111111111111111111111111111111Othtr .0a PartalNo.0177.-071-18-4006 PAID 2s.oa GRANT DRED THE UNDEMIG 4RD GRANTOR(s)DECLAREQ) Documentary transfer tax is S 0.00 City Tax$ 0.00 0 computed on fall value ofproperrycoaveyed,or computed on Roll value less value of liens oweu vabrancea remaining at time of sale, Unincorporated Area 0 City of Redlands "12ds taaveya0ca ttaustErs the gtantor't interest into or out ofhis or ber rrrocable living trust,R&T 11930." FOR A VALUABLE CONSIDMtATTQN,receipt of which is hereby admowledged, Roger D Hardy and Kathryn l3.Behrens as Trustees of the Rehrans Hardy Family Trust dated 1-21-2011 hereby ORANT(s) Roger D.Hardy and Kathryn E.Behrens,Husband and Wife as Joint Tenants dm following reel property in the County ofSan Bernardino,State of California: SHE EMIT"A"ATTACKED HERM AND MADE A PART HEREOF. Dated: Mav28.2013 The ray F7 Tra 21-3011 Ro erD.Hardy,'i thryrr.- .Behrens,T7" STATE OF CALIFORNIA COUNTYOF <;7aln 64WWANA" ss: ont beton me, {t7 J�Lt allotaryPoblic,persoaallyappeared of —mrc4egn >:• n 5t'.� -�Q, who proved to me at rho bells of sa�evidence to be the pessan(a)►rhosa name(s)is�mbscnbed to the within instrument and arlarowledged to me that he, executed the same iu hisTher Oorixed capacity(ier)and that by hlOer� signaluno(s�athe Insnruntnt tho person s,or the entity upon behalf of which the person(s)acted,executedtho 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 seal. Sigr2atttte taAran at0aatn ca rissm♦soraruQ ist, `ta cant t:som. tir dost Exhibit"B" SEE ATTACHED 1� Mills Act TEN-YEAR REHABILITATION PLAN .DekI f ��2 Proposed Pro ect Estimated Cost 4( , l 75- lee- 4 6 7 4- Projects must be exterior and must utilize all of your tax savings. All projects are subject-to Historic and Scenic Preservation Commission and Staff review and approval before work begins. Work must meet all City requirements and the Secretary of the Inferior's Standards for the Treatment of Historic Properties. Retain copies of all receipts and permits for submittal with the required annual reports. Photograph the before and after condition of each project for submittal with the annual reports. City of Redlands Mills Act Program 12 Rehabilitation Plan Proposed Project Estimated Cost Estimated Tax Relief Cumulative Cost Cumulative Tax Reduction Restore front door $ 7,540 Repair chimney $ 5,658 Exterior brick repair $ 2,622 $ 4,112 $ 15,820 $ 4,11.2 $ 4,112 $ 15,820 $ 8,224 $ 4,112 $ 15,820 $ 12,336 Restore original windows $ 2,750 Refinish wrought iron panels/gate $ 2,395 Replace windows upstairs bedroom $ 1,830 $ 4,112 $ 22,795 $ 16,448 $ 4,112 $ 20,560 Replace kitchen windows $ 3,315 $ 4,112 $ 26,110 $ 24,672 Replace bathroom window $ 675 Replace master bedroom window $ 2,416 $ 4,112 $ 29,201. $ 28,784 Build awning over back door $ 1,740 Replace/finish hand rails $ 1,475 Paint exterior $ 3,660 $ 4,112 $ 36,076 $ 32,896 Re-roof $ 13,800 $ 4,112 $ 49,876 $ 37,008 Repair stained glass window $ � $ 4,112 $ 50 � $ 41,120 �v 1 Exhibit"C" SEE ATTACHED 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 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. County Tax Assessor Review Following Mills Act contractor recordation with the San Bernardino County Recorder's Office, the City will mail a copy of the recorded contract to the San Bernardino County Office of the Assessor. Ownership Services Department. The County Tax Assessor will review the contract to ensure that the goals of the Mills Act program are met. State Office of Historic Preservation Review Within six months of Mills Act contract recordation with the San Bernardino County Recorder's Office, property owners are required to provide written notice to the State Office of Historic Preservation of the California Department of Parks and Recreation (916-653 - 6624). The notification must state that the property owner has entered into a mills contact with the City of Redlands. A copy of the notice must also be mailed to the City of Redlands Planning Manager.