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HomeMy WebLinkAboutContracts & Agreements_189-2015_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/1912015 BOB DUTTON 3:14 Pm ao err•._. dG tj,11 MAR ASSESSOR — RECORDER — CLERK SAN —17r y P Counter RECORDING REQUESTED BY: �` r WHEN RECORDED RETURN TO: Doc#: 2015—0510217 Titles: 1 Pages: 15 Fees 57.00 CITY OF REDLANDS Taxes 0.00 CITY CLERK Other 0.00 35 CAJON STREET PAID $57.00 SUITE#4 REDLANDS,CA 92373 SPACE ABOVE THIS LINE IS RESERVED FOR RECORDER's USE HISTORIC PROPERTY CONTRACT BY AND BETWEEN THE CITY OF REDLANDS A MUNICIPAL CORPORATION,AND JOSEPH WARREN AND JOHANNE HARVEY FOR THE PRESERVATION AND BENEFIT OF THE HISTORIC RESOURCE OR CONTRIBUTING STRUCTURE PROPERTY LOCATED AT 222 SOUTH BUENA VISTA STREET, REDLANDS, CA 92373 THE HISTORICAL PROPERTY AGREEMENT("Agreement") is made and entered into this _day of�W50eK2015,by and between the CITY OF REDLANDS, a municipal corporation(hereinafter referred to as the"City") and Joseph Warren and Johanne Harvey(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 222 South Buena Vista Street, Redlands, California 92373, (hereinafter such property shall be referred to as the "Property") A legal description of the Property and HISTORICAL PROPERTY CONTRACT JUNE 2015 t Rehabilitation/Restoration/Maintenance Plan (hereinafter referred to as the "Plan") for the Property is attached hereto, marked as Exhibits "A" and `B", respectively, and is incorporated herein by this reference. C. On September 6, 1988 the City Council of the City of Redlands declared the Historic Resource No. 48 pursuant to Section 2.62.180 (Procedure For Designation) of the Redlands Municipal Code. 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 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 tern 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 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 the 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 Tern 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, 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 Tern 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 HISTORICAL PROPERTY CONTRACT JUNE 2015 Chapter 2.62 of the Redlands Municipal Code. Attached hereto, marked as Exhibit "B", and incorporated herein by this reference, is a list of those minimum 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 terns and provisions of this Agreement. d. Owner shall expend one hundred percent (100%) of the property tax savings recognized by the 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 City. City shall have the right to audit Owner's property tax records and expenditures for the purposes of ensuring Owner's compliance with 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 detennine 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 with 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 detennines that the 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 the City, Owner shall pay the State of California a cancellation fee of Twelve and One-Half percent (12 %2%) of the current fair market value of the Property at the time of cancellation, as determined by 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 provisions of subsection (b) of Section 50286 of the Government Code. HISTORICAL PROPERTY CONTRACT JUNE 20I5 7. Enforcement of Agreement. In lieu of and /or in addition to any provisions permitting 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. Sinding Effect of Agreement. 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 the terms of this Agreement shall be provided at the respective addresses of the Parties as specified below or at any other address as HISTORICAL PROPERTY CONTRACT JUNE 2015 may be later specified below or at any other address as may be later specified by a Party. To City: City of Redlands City Clerk P.O. Box 3005 Redlands, CA 92373 To Owner(s): Name Joseph Warren and Johanne Harvey Owner(s) Address 222 South Buena Vista Street Redlands, CA 92373 1.0. General Provisions. a. None of the terins, 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 terns, 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 of 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 an shall defend and indemnify 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 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, sucessors 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 effected thereby. HISTORICAL PROPERTY CONTRACT JUNE2015 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 hereto. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed. THE CITY OF REDLANDS Pa . Foster, Mayor, City of Redlands ATTEST: / . Sam Irwin, ity Cl rk, City of Redlands By: Owner Signature* JoS SPI+ Wf�P-R1=N 1017-b� 20 Print Name Date By: f ner Signature* JuhO v1n2 Print Name Date * Approved Recording signature Method: The contract signature(s)and printed names(s)above MUST BE INDENTICAL 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 JUNE 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 truthfuiness,accuracy,or validity of that document. State of C4alifnia • � 0 Count _df- before me Dateae Irr art NarnL4 and Title 419 6fficer personally appeared _J� k 1A 0 (1 "V Narne � f gi�n'l'er(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j4"are bsc 'bed t the within Instrument and acknowledged to me that 6e/they executed the same in s 11 r ,h6l h;1;7r/tZir authorized capacity(ies),and that by h4!s&/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 sea ZWML R. MCCASLAND Commission# 1965690 Signature- Notary Public-California Si f NoYary San Bernardino County _q 0 Public M Comm. Ex ices Feb 1,2016 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: pati (les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): El Corporate Officer — Title(s): El Partner — D Limited D General 0 Partner — L7_ Limited El General 0 Individual 0 Attorney in Fact D Individual El Attorney in Fact El Trustee L1 Guardian or Conservator El Trustee Ll Guardian or Conservator LJ Other: D Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 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 California County of 54(1 &e V na r-A I ob On 1.3 1 , before me, -Hc-(Wher �Atfoorw,, �,Ibtmq Pub!t Date Here Insert Name and title of the Officer_� personally appeared Vt u eb Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name Ward' subscribed to the within instrument and acknowledged to me that he/sx/p person evy executed the same in hist ftethpWauthorized capacityoW, and that by his/, signature(s)-on the instrument the personW or the entity upon behalf of which the person 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. HEATHER=ANN MCGIN WITNESS my hand and official seal. MS Nis S 03 71 Cornftsalon 2CIS71 3 7- �?_ 0 I k an la 40ftry Publi(c-California or Son Bernardino Courrty SignaturedA COM 'fas Oct 23 2018 Signature of Notary Public 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: Capail ty(ies) Claimed by Signer(s) Signer's Name: Signer's Name: —1 Corporate Officer — Title(s). D Corporate Officer — Title(s): El Partner — El Limited 0 General 71 Partner — 7 Limited 0 General -1 Individual D Attorney in Fact D Individual Ll Attorney in Fact L --I Trustee E]Guardian or Conservator Ll Trustee E] Guardian or Conservator 0 Other: _J Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA - li 1189 ,:i."""„?�=�r'vv:t 'n"A'"<-z"a..-:* „.�-.:.._ ,a"'' n .<�a� ^S> .i^y"� ,� � `.�� �^:.'d"'..` "`^ s�a�"ss`�i—w""'�."`•,.�.£. 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. State of California County of_45� ' V1 6errodl d n before me, &fhev ` Date Here Insert Name and Title o e Officer personally appeared u a ny b" Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the persowhose nam is '° subscribed to the within instrument and acknowledged to me that he/shefthey he/she/heyexecuted the sane in hist It authorized capacity0e<and that by his/he~ie signatures)-on the instrument the perso or the entity upon behalf of which the personctecl, 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. HEATHER ANN MCGINNISWITNESS myhand and official seal. Commission#2087t Calftrila San lilavardino County Signature l Comm.E m Oct 23 2018Signature of Notary Pudic Place Notary.Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fours to an unintended doctament Description of Attached Document Title or Tripe of Document: Document Date: Number of Pages: Signer(s) rather Than NamedAbove: , a aci `(ea) Claimed by Signer(s Signer's Panne: Signer's Marne: El Corporate Officer — Title(s), E-1 Corporate Officer — Title(s): El Partner — :1 Limited ❑ General --1 Partner — 0 Limited CI General 1-1 Individual E Attorney in Fact M Individual L`,attorney in Fact _I Trustee i,Guardian or Conservator D Trustee C Guardian or Conservator El Other: DI dither: Signer Is Representing: Signer Is Representing: 02014 National Notary Association i www.National Notary.org1-800-US NOTARY(1-800-876-682 7) Item tt gg7 Exhibit A •.r..•vRY,.�v rtc..rYG,71lGY OT 0HIGAG0 TITLE CO. : '423587 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER• WISE SHOWN BELOW, MAIL TAX STATEMENTS To: IFEE 241SY3 I 3PCOR I 4LNNT RECORDED IN NAMEF1C;AL �CD�? ` J ' �_] - i? Joseph Warren and �q`t,a 21 py 3: lI r ADDRESS Johanne Harvey , crTT s 222 South Buena Vista 5 S4Y 5-&-2 OTT OD 4MN L-1 -MNJRDIND STATE zip LRedlands, Ca 92373 J Cf3 Co., CALIF, Title Order No. 90-15980-10scrow No. 8410-SL SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned declares that the documentary transfer tax is 5...................363......00..........................................................and is computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The Iand, tenements or realty is located in ❑ unincorporated area a city of ..............Redlands..................................................__ ___.._- and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES P. GENTRY and DORIS J. GENTRY husband and wife as joint tenants hereby GRANT(S) to JOSEPH WARREN and JOHANNE HARVEY, husband and wife as joint tenants. the following described real property in the City of Redlands county of San Bernardino , state of California: Lot 5, Block "C", Parkview Addition, in the City of Redlands, County of San Bernardino, State of California, as permap recorded in Book 13, page 33 of Maps, in the office of the County Recorder of said County. DateAugust 8, 1990 „-- a��-v�re� � O L r- oris J.�,en ry STATE OF CALIFORNIA COUNTY OF San Bernardino }Ss. Ort this the 10th day of 11 August 19 90 fore m th undersi nod,a Notary Public in and for said County and State,personally appeared James Gentry a�boris �. eGentry FOR NOTARY SEAL OR STAMP AOJi7Q[tAI1Xk10s9lt * OFFICIAL SEAL ,19:0Rkproved to me on the basis of satisfactory evidence to be them * '. STACY LETT persons whosenae5 ar&bscribedtothewithininstrument •� , #� i.__' i.DURYPUBLIC—CALIFORNIA # and acknowledged that t�executedthe same. V Nv7ARY 80N0 FILED IN a AN 13ERNARDINO COUNTY • a * tvly Commission Expires August 28,1992 � aaa******a*******xa**aaa*as****aaata _. -Sigpatareo gg qr a g' Assessor's Parcel No. . 1../..`� � ...—.F.��.. \fAILJosephT idarrensand p ohanneOl�a,veyFOLf2(�t C 1�� J �f�s �RTl��91J +N, IAIL0RF4CTED ABOVF Name Street Addres, City 8 State Exhibit B Mills Act TEN-YEAR REHABILITATION PLAN Proposed Project Estimated Cost St'rua-i sL.E??cr -E;i-, imF5on A- 3346 vi5 l �ae- ex-o-U)i �acC. #42-55 di h5 �IusKng -red I O-CLrneit (r6cf o bad c.-r&,) - rodent aece-.ss re�c�u- V4esC Gf'dC, Wash , sc�zri� Fr-� PCU R00rccs guG�r r�`stcic '��r,, !roof ri`cl5e-s, vo-roo� back porch MOV-0q 51,166 — s boLr d ern E) 0—n ,f re ,J u.Cem exp 6 T 1 Ts Wash, saAc() prgf) pc�nP 02� a st 3) 3xnVe.r+cr 3r �-loor P[a5 `r deM-D dy-,� dr. wo-I l -y-Tia Y-R enk 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 Interior'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 Exhibit C 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. S. 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.