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HomeMy WebLinkAboutContracts & Agreements_190-2015_CCv0001.pdf Recorded in Official Records. County of San Bernardino 11/04/2015 BOB DUTTON S PM �,Ca„rte BS &A;[5M„nrtwn7 ASSESSOR - RECORDER - CLERK SAN y R Regular Mail Doc.#: 2015—0478170 Titles: 1 Pages: 15 RECORDING REQUESTED BY: Fees 0.00 WHEN RECORDED RETURN TO: I I i! I Taxes 0.00 CITY OF REDLANDS I I I I Other 0.00 CITY CLERK PAID 10.00 35 CAJON STREET SUITE#4 REDLANDS,CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SPACE ABOVE THIS LINE IS RESERVED FOR RECORDER'S USE SECTION 6103 HISTORIC PROPERTY CONTRACT BY AND BETWEEN THE CITY OF REDLANDS A MUNICIPAL CORPORATION, AND WESLEY AND ELIZABETH BERNARDINI FOR THE PRESERVATION AND BENEFIT OF THE HISTORIC RESOURCE OR CONTRIBUTING STRUCTURE PROPERTY LOCATED AT 721 CHESTNUT AVENUE, REDLANDS, CA 92373 THE HISTORICAL PROPERTY AGREEMENT ("Agreement") is ).Wade and entered into this lj rid day of Gj '`0015, by and between the CITY OF REDLANDS, a municipal corporation (hereinafter referred to as the "City") and Wesley and Elizabeth Bernardini (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 721 Chestnut Avenue, 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 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 November 4, 2014 the City Council of the City of Redlands declared the Historic Resource No. 120 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 term of ten (10) years (the "Tenn") 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 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, 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 No. 7548, and the provisions HISTORICAL PROPERTY CONTRACT JUNE 2015 of 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 terms and provisions of this Agreement. d. Owner shall expend one hundred percent (100%) of the property tax savings recognized by the 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 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 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 detennined 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 2015 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. Binding 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 benef t 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 Wesley and Elizabeth Bernardini Owner(s) Address 721 Chestnut 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 hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause theta 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. 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, 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 By: Mayor, City of Redlands By: Mayor, City of Redlands ATTEST: By: "�a City Clerk t By: Owne Signature* Print Name Date By: ner Signature* ebu�4 5�—V-,V Print Name Date a- 2I- 15 * 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 ALL CAPACITY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California COUNTY OF San Bernardino On September 29. 2015 before me, Jeanne Donaldson, Deputy City Clerk (Date) (Name and title of the officer) personally appeared Paul W. Foster and Sam Irwin (Name ot person signing who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/thy.executed-the same in hisMer/tFeir authorized capacity(ies), and that by his/her/their signature( on the instrument the person(, 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. WITNESS my hand and official seal. i J wq s U' Signature of officer — — `�� * 1888 IFI 101 Rev.01/01/2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL 118 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, Mate of C fifor Cou t of , mA i } 0 1 �"' before me 1, Date re Insert netand 7rta the 0 icer personally appeared A'arrae(`sl ��Sa ert's) W art who proved to ane can the basis f satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrurn t and acknowledged to me that / e/they executed the same in W�eMhelr authorized capacity(ies),and that by .s/ their signature(s)on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument, 1 certify under PENALTY OF PERJURY under the lays of the State of California that the foregoing paragraph is true and correct. ITN ra4handandofficialf;'. . LAPo $Ion 1'OM�NC Sao roiPubljcl Notary public-callfornis signature Lcry lr fab 1 201 iraatur of Notary Public Lr,,v� Place !Votary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of'Attached Document Title orType of Document: Document [date: Number of Pages: , Signer(s) Other Than Named Above: apaci (ies) CClaimed Signer(s) Signer's Name: Signer's Marne. Cl Corporate Officer 4 Titles): 0 Corporate Officer Title(s): 11 Partner — 0 Limited D General ❑ Partner E Limited ❑General * Individual ❑Attorney in Fact- E1 Individual 0 Attorney in Fact *Trustee D Guardian or Conservator ❑Trustee 0 guardian or Conservator * Other, ElOther: Signer is Representing: Signer is Representing; �h. �."':: "`$.*w""�.�v'�,`' _ ::; „+v�,„^2 'S ,". `ti':..'.. ., . „r r ,,r,"I§'&."s.':",u .--.?�>"�, ✓'. ., k..;;'.„,��.�°{' w...;..wu....�. :}...a°,tix.','Y, wi,� �,^o. ,. @2014 National Notary Association - www.NationalNotary.org 1-800-US NOTARY(1-500-876-5827) ltem fl5gg7l Exhibit ElectroolcaMy Recorded in Official Records,county of San Bemard1no U612010 RE 03:00 PM CORDING RZQtiEsTED itsLARRY WALKER 15M AUdlitorlController-Recorder MD Wh" FMCORM AWL 7)" DEW ANDLfte" 742 TAX STAFidolitY National Title Go. OTHER"M m4CM MDW VAX T04EM To Nam y R ReDoc#; 2010-0256368 at" Weslemeldni&Elkaboth& nj DernwoliTitles; I pages: I Aft"s 721 Chestnut Ayerrijo CRY Rortionds,co 92373 F"s Taxes PAID ORDER NO, 33391913 RECORDERS USE ONLV F-SCROWNO. 201W-SP TAX PARCEL NO. 0175-o72-o%.D.0Do GRANT D:EED The Undersigned declares that the documentary transfer tax is $456,50 -X cOrnPuted on the full value ofthc interest ofthe property conveyed,ors and is - computed on the full value less the Yalut of liens Or encumbranm JIM.aining therwn at the time of sale. The land,ter cin or realty is located in - unincorporated area X City Redlands FOR A VALUABLE CONSIDERAand TIOI� it of recepwh hereby acknowledged, Anthony 1).Russo and Staq/y L.Russo,14usband and Wife as Joint Tenants hereby GRANT(S)to k W" S4,,c,T L, 'j�,4 5$0 Elizabeth S,Bernardini , a Married Woman as Her Sole and Separate Propetry The following described mat Property in the CRY of Red lands County of San BemardinD,State Of California: PARCEL 1: Lot 17,Block 27,ReSjdcnCe plat of'Redlands,in the City of Redlands,County of San Bernardino,State Of ClIlifOmia,as Per Plat recorded in Book 5 of Maps,page 12,Records of said County. PARCEL 2: The Fight to the perpetual use of that.Certain driveway extending alo S e ly side of Lot 16,Block 27,Residence Plat of Redlands,in the city of Redlands,County of Sa tO a III Eastw n Bernardino,State of Califomiz,as per Plat recorded in Book 5 OfMaps,Page 12.Records of Said County,as a means of in and a to and from Parcel 1. Dated 03/0W010 in im, a 10 and I STATE OF CALIFORNL4, R CO 0 JA � On allylocated S who proved to me on the is of sadsrwnry evidence to be the person($)whom Han*s) Ware subscribed to the within kwzuraont ind wknqwlcdg.-d to joa that hd�hdtthcy executed the seme'in h'slhalthoir authorized COPUlIXies),trod that by h13(hOr/their Signature($)on the ins at the petsoKs),of the entity upon behalf MNA NALE of which the plorseu(s)acted,anseuted ft instrument Coffawswo a 1041110 1 c0n9ty under PENALry OF pERjuRy under the law.,of the State of ft"pvbk-calftmill $a Imao"C=fty that the foregoi h is true and anect, CAJ11beout w1 SS rn"5yod and oificial seat. Signature Notary Public (Notary Seat) i To MAIL TAX; TEMENTS I A2 ARTY Slij To ARTY S"OWN BELOW: If' 'NO PARTY SO SHOWN, M*4JL AS DIRFZMD ABOVE, Nome CRY suft Exhibit B Mills Act TEN-YEAR REHABILITATION PLAN Year, ;`... . ...;. Pro'"osedPro ect' Est�rriated,Cost ;;;'. Year 1 � QL�1�c � �v ) � 7-Li Year V\�� u'� Year 3 Year 4 � 1 Vi zse [F Year S j I i I i Year 6 I t I Year 7 (� Year 8 Year 9 Year 10 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 submiftal with the annual reports. City of Redlands Mills Act Program 14 Year Calendar Year Project Tax Relief Project cost Cumaltive cost Cumulative tax relief 1 2016 electrical 4,054 4,824 4,824 4,054 2 2017 painting and singles 4,054 10,534 15,358 8,108 3 2018 painting and singles 4,054 15,358 12,162 4 2019 Foundation phase 1 4,054 17,180 32,528 16,216 5 2020 Foundation phase 1 4,054 32,528 20,270 6 2021 Foundation phase 1 4,054 32,528 24,324 7 2022 Foundation phase 1 4,054 32,528 28,378 8 2023 Foundation phase 1 4,054 32,528 32,432 9 2024 Foundation phase 11 4,054 10,400 42,928 36,486 10 2025 Foundation phase 11 4,054 40,540 Project Details: Project Contractor Quote description Electrical Safeway Electric 4,824 Replace knob and tube wiring Foundation Phase I Bonadiman Construction 17,180 Foundation reinforcing,retrofit plates(house bolting) Foundation Phase 11 Bonadiman Construction 10,400 Shear wall,replace sill plate, construct pier footings Insulation under house Oakridge Energy 3,100 bale insulation under house Roof repair Belanger Construction 865 repair ridge,chimney solar and pipe flashings and paint Painting and DunnRite, Hunsaker Shingles Construction 9,100+875.50+$559 replace damaged shingles;sand, prime, caulk, and repaint house and garage;sand porch and restain; includes$559 fee for certificate of appropriateness from City of Redlands Exhibit C e 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.