Loading...
HomeMy WebLinkAbout2005-363 \.. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n_ .''''''''.'''''_':''_'''''''_'',_"__,,,_,=, . > RESOLUTION NO. 2005-363 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE WHEREAS, California Government Code, Article 12, Section 50280, more commonly known as the Mills Act, established legislation providing property tax relief for owners of qualified historic properties who contract with a city to abide by reasonable preservation requirements; and WHEREAS, preservation agreements will have beneficial effects on residential neighborhoods, businesses, community pride, and regional image; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The program implementing California Government Code, Article 12, Section 50280 et seq. (known as the Mills Act) for the purpose of preserving, rehabilitating, and maintaining designated historic resources, shall be known as the Mills Act. SECTION 2. The Mayor and Common Council hereby directs the City Administrator or his/her designee to develop and process applications for properties seeking qualification and participation in the Mills Act. The City Administrator will also review and make a recommendation to the Mayor and Council on any application submitted pursuant to the Mills Act. The Mayor and Common Council is the final authority on the authorization and approval of any application pursuant to the Mills Act. SECTION 3. The form Preservation Agreement to be used in the Mills Act is attached and incorporated herein as Exhibit "A". The Mayor and Council hereby directs the City Administrator or his/her designee to amend and modify the form Preservation Agreement as deemed necessary and appropriate, in consultation with the City Attorney. The terms of the form Preservation Agreement shall always comply with California Government Code, Article _,n'." " 1 2 3 4 5 6 7 8 9 10 11 12 -13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .......~,q."...'--._. - -. ""c~~~~-;,='~~'-""' . ,- "'-~--""""";"'SF"'~"~"""'-"T""r'""'~~:--'''; ":T"~,.-,C'''''~'i'-'''''''-'-'?'1-''~'-:'~:~':~:~~::rr:~\?!'iI:'f'>'~~~-.:::_;.:::::=,:':::_'_ 2005-363 RESOLUTION OF THE MAYOR AND-COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISIDNG THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE 12, Section 50280 et seq. (known as the Mills Act). The maintenance, repair, rehabilitation, and/or restoration standards applicable to the subject property shall be set forth in the form Preservation Agreement. In consideration for abiding with the terms of the Preservation Agreement, the owner of the subject property shall be entitled to qualify for a reassessment of the historic property, pursuant to Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code. Each Preservation Agreement shall be subject to the approval of the Mayor and Common Council. SECTION 4. To limit the fiscal impact of the Mills Act to the City of San Bernardino, the City of San Bernardino shall not enter into or execute more than ten (10) Preservation Agreements per calendar year. Applications shall be accepted during the month of November only, during normal business hours. The ten (10) applicants will be randomly selected from all eligible applications submitted. SECTION 5. Eligibility for a Preservation Agreement shall be limited to the owners of those properties identified in the San Bernardino Historic Resources Reconnaissance Survey, Volume 2 - Tabular List of All Surveyed Historic Resources, dated April 30, 1991. The Mayor and Council hereby find that all properties contained in this list shall be considered Qualified Historic Properties for purposes of the Mills Act, pursuant to California Government Code Section 50280. I (b) SECTION 6. An application fee of $200 shall be paid by each property owner that has a Preservation Agreement approved by the Mayor and Common Council. /1/ /1/ 2005-363 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISIDNG THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of November, 2005, by the following vote, to wit: Council Members: AYES ESTRADA X LONGVILLE X - MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X NAYS ABSTAIN ABSENT r2...J. II)J~ ~~ty 'tr~~ The foregoing resolution is herehy approved rIJ #. day of N~embor , 2005. udith Valles, Mayor ity of San Bernardino Approved as to Form and legal content: James F. Penman, City Attorney _" o,,'~ ,="~' ~-- ',__, ',,-- '0' __ __ -'~~~-'-W~':'""~~_'~~ Exhibit "A" HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made this San Bernardino, a municipal corporation ("City") and ("Owner"). , by and between the City of RECITALS I. California Government Code section 50280, et. Seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, general located at the street address San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - _, Section 5. 4. City and Owner desire to enter into this,Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of ----~_'"C.:.7-.y'''~_.,__'~-,'''-~'T-'''''::_'''''':''D~- I.,,(;:O;t'.Pi;f';~-S:!C'i:2"J'''''''''''-';__~_~~ chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Al!reement. This Agreement shall be effective and commence on 200_ ("Effective Date") and shall remain in effect for a term often (10) years thereafter. 2. Yearlv Renewal. Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice ofNonrenewal"). The Notice ofNonrenewal shall be effective only if served by Owner upon City at least ninety \90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining. 4. Owner Protest ofCitv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice ofNonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the Common Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish the Common 2 - - '~',,-,- -""'C-;"'"'=1f~9'~~'D"'"'"'','O::::~~~~~~~~Li#!~~'"__, J_ Council with any information which Owner deems relevant and shall furnish the Common Council with any information it may require. The Common Council may, at any time prior to the annual Renewal Date, withdraw its Notice ofNonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or hislher designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "B" and incorporated herein by this reference. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects , on the Historic Property, as outlined in the attached Exhibit "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with the City of San Bernardino design guidelines and in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of 3 - --C'""'-,-"_-_T.<=rO><'7""". ~.'"T -------.;"""'--~-:-1P"".,,;"''')c:.,..,;-''~'?C~f~':~~t,.,."'''''"o;-f-'?l''C~;:~~~'I't~~~~~~~~');~~,~""1":>,~~ the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Comoliance: Yearly Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach: Ooportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within . thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or 4 - "-~-", . ",",."",, ""~r"" ",0" -""~l~~~F~, ~~~~!"ThR;:'.'B"?~""""""_"':1".or..e"_,,,_J~l)!,,,,_q~"">ffi11',,'lb-_ Owner failed to restore or rehabilitate the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of San Bernardino as required by Government Code section 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction ofProoertv: Eminent Domain: Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 . shall be imposed if the Agreement is cancelled pursuant to this Section. 1 O. Waiver. 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 by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 - '''''~"''-''~=-C-.,T",,_,,''~"_~~_' "...."'""'=""". _ -"_"_,::_~'F_~'~"~_~~'_~~: 'n<"-;,...,,, -'~~-~;::F:-~'Pzi.!,~~:.";" '.'!:";)e,,,,~c-_.,,,,1",,,~~_tiorr_~-__=_._"',~_ .~ ~~_.' .'~ 11. Bindinl!. Effect of Al!reement. Owner hereby subjects the Historic Property to the covenants. conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract. deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 12. Covenants Run with the Land. 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 it restricts development of the Historic Property. 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 cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Administrator's Office 300 North D Street San Bernardino, CA 82418-0001 Owner: 6 - -'c-'F _" '<;IT:',,,-.."~,_, .~" """"'"""-~"'1--="":"--"=~~""""'~~"""'- '";'3':",-,;/.':, "'~'_'''''_e~-''''_'f,d''GO; .~_''',;>_'''C'",,'_'~_'.'.'''''__'.H__'''' ~. 14. Effect of Agreement. 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, not shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use or peration, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of hislher office in , enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding UDon Successors. 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 herein, their heirs, successors, legal representative, assigns and all persons 7 - --, - -'-'~-~>~""~~-"'''''''~~~'%'-''#7~'=~~'~~~:,; "-'L"IT-T;;!"J'!"-,?,,Y'r~,1; ",. .~_ -"_~~"-'''''!''i''' '__~~~ ~~A' . . acquiring any part or portion of the Historic Property, whether by operation oflaw or in an manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing parting in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of his /her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severability. 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. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the contract to the State Office of Historic . Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino 8 - ~ ""-''''''-'--^''_''''~'~_'i;''F''~"''-_'='''''''''c",,'-'''''':""'---";""'f}i~':-~2~E:l4~~1;:^:":i'E~,.",".,...,..=,.",__a~~~~~"""" .. ~~ '. HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form and legal content JAMES F. PENMAN City Attorney By: 9. . . . '_T< "" .:-,,~,~, :.:::":::~~i,,?,:""#'''f,E'=S''7'='~4:-~'::'f'~~,,'':trC~~'~~~~S7,,.;:l7''WJI~~~~~~~.mW~\<o~""""'_"" __~ . . Exhibit "c" . . Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed .Project* Estimated Cost Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 To be attached to the Historic Property Preservation Agreement (Mills Act Contract) *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports.