HomeMy WebLinkAboutContracts & Agreements_189-2015_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/1912015
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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 •
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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
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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
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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
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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 �
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Name Street Addres, City 8 State
Exhibit B
Mills Act TEN-YEAR REHABILITATION PLAN
Proposed Project Estimated Cost
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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.