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HomeMy WebLinkAbout2005-417 , I 1 2 3 4 RESOLUTION NO. 2005-417 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH JOHN W. BARNA AND MARIE T. BARNA 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City, a Mills Act Preservation Agreement between John 9 W. Barna and Marie T. Barna, and the City of San Bernardino, a copy of which is attached 10 hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at 11 12 13 length. SECTION 2. The authorization to execute the above-referenced agreement is 14 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 2005-417 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT 3 PRESERV A TION AGREEMENT WITH JOHN W. BARNA AND MARIE T. BARNA 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint 5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 19thdayof December ,2005, by the following vote, to wit: 7 Council Members: 8 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 19 20 21 22 23 Approved as to Form and legal content: 24 (2, /> ~ " p./:; Ct~<-~ ~' The foregoing resolution is hereby approved this J ylwl(___ day of December, 2005. , '''/''7 ..;:-:'>' X"..,' /) , Neil Derry, ~r Pro Tern City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney 27 28 /f- t", ' (: _-Vl/1. i'~~ ( PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, County of San Bernardino 1/20/2006 3:37 PM SW ~u_ LARRY WALKER ~~~ Auditor/Controller - Recorder \~}~f/I'zji:" ", -:!-::;." \:~:~ '" "" P Counter Doc#: 2006 - 0044593 IlImmll~II\11111 RECORDING REQUESTED BY: Tilles: 1 Pages: 30 Fees 0.00 0.00 0.00 $0.00 Taxes Other PAID SPACE ABOVE FOR RECORDER'S USE ONLY R,-,UA'-i' ,../., ~ ) ~O.l- 1/17 V;hV1m-l#);cw~ IJ.hlJA V afi ~ ~d Titllof D ment h/l J " i/J I r u) / fYV\4--. 1.j.. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (Rev. 6/02:ha) (Word/S:/Doc Exam/Cover Sheet) 2005-417 Exhibit "A" HISTORIC PROPERTY PRESERV AnON AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made this Monday, December 19th, by and between the City of San Bernardino, a municipal corporation ("City"), and John W. Barna and Marie T. Barna ("Owner"). RECITALS 1. 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 3170 Valencia Avenue 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 - 363, 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 2005-417 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 Agreement. This Agreement shall be effective and commence on Monday, December 191\ 2005 ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (I) year shall automatically be added to the term of the Agreement unless a notice ofnonrenewal 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 other party in advance of the Renewal Date ("Notice of Nonrenewal"). 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 of Nonrenewal 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 ofNonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remammg. 4. Owner Protest of City 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 2 2005-417 to the expiration of the Renewal Date of this Agreement. Owner may furnish the Common 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 of Nonrenewal. 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 his/her 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, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. 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. The Owner shall continually maintain the exterior of the Historic Property in the same or better 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 keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savmgs. 3 2005-417 D. Owner shall not be permitted to block the vicw 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 interior and extcrior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may bc necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision ofInformation of Compliance; 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 tern1S and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documcnting 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: Remedics. A. Notice of Breach; Opportunity 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. 4 2005-417 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 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 of Property; 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 Mayor and Common 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. 10. 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 2005-417 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. II. Binding, Effect of Agreement. 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 and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter 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 set forth herein. 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 they restrict 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 92418-0001 6 2005-417 Owner: John W. Barna and Marie T. Barna 3170 Valencia Avenue San Bernardino, CA 92404 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; nor 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, operation, 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 his/her 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 Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure 7 2005-417 to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation oflaw or in any 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 ofthe 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 2005-417 HISTORIC PROPERTY PRESERV A nON 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. -d y('vt Dated: \ '0 CITY~O By: ATTESTED TO: Dated: t l? b f.c Approved as to form and legal content JAMES F. PENMAN City Attorney By: ! I ('2 ~ \. ~ \ 9 . . 2005-417 Exhibit "A" WHEN RECORDED MAIL TO PFF BANK & TRUST 9467 Milliken Avenue P. O. Box 2729 Rancho Cucamonga, CA 91729-2729 LOAN CLOSING DEPARTMENT ATTN: KAREN BESSETTE I DEED OF TRUST SPACE ABOVE FOR RECORDER'S USE LOAN 10: 246248215 o This is a: [!] This is not a: CONSTRUCTION TRUST DEED THIS DEED OF TRUST is made this 3rd day of AUGUST, 2004 among the Trustor, JOHN \J BARNA AND MARIE T BARNA, HUSBAND AND WIFE (herein "Borrower"), POMONA FINANCIAL SERVICES, INC. (herein "Trustee"), and the Beneficiary, PFF BANK & TRUST a corporation organi7.ed and existing under the laws of THE UNITED STATES OF AMERICA whose address is 9467 Milliken Avenue, P.O. Box 2729, Rancho Cucamonga, CA 91729-2729 (herein "Lender"). BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of SAN BERNARDINO , State of California: SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF APN:0153-221-14-0000 which has the address of 3170 N VALENCIA AVE, SAN BERNARDINO, CA 92404 2640L (4/96) PI'DC 1/99 96>J (herein "Property Address"); I CALIFORNIA - HOME IMPROVEMENT - 1/88. FNMA/FHLMC UNIFORM INSI'RUMENT Borrower's Initials @ (page 1 of 6) .... '."PI" LENDER 2'd 5285288606 IitU.Jlitff 'm U\.fOr d80:2t 50 l.0 O~a 2005-417 Exhibit "A" EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DEED OF TRUST DATED AUGUST 3, 2004, IN THE AMOUNT OF $100,000.00 EXECUTED BY JOHN W BARNA AND MARIE T BARNA, HUSBAND AND WIFE, IN PAVOR OF PPP BANK AND TRUST A UNITED STATES CORPORATION. LOAN #246248215 EXHIBIT "An ALL THATR PORTION OF LOT 4, BLOCK 21 OF ARROWHEAD JUNCTION TRACT, AS PER MAP RECORDED IN BOOK 12, PAGE 11 OF MAPS. OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT. 126.45 FEET; THENCE WESTERLY IN A STRAIGHT LINE 245 FEET TO A POINT IN THE WEST LINE OF THE EAST 245 FEET OF SAID LOT, WHICH IS 125.68 FEET SOUTH OF THE NORTH LINE OF SAID LOT: THENCE PARALLEL WITH THE EAST LINE OF SAID LOT, 125.68 FEET TO THE NORTH LINE OF SAID LOT; THENCE EAST ALONG SAID NORTH LINE 245 FEET TO THE POINT OF BEGINNING. J, E'd SZBSZBBGOG ltU..IltlI 'm U40r dBO:Zl SO LO o.a 2005-417. - . Exhibit "B" 2005-417 Exhibit "c" Mills Act Program Ten- Year Rehabilitation Plan City of San Bernardino BARNA 3170 Valencia Avenue Year Proposed Project (s)* Estimated Cost Year I All electrical re-wired, replacing all original wiring. Restore light $5255.00 fixtures to original style, re-wire and move 2 chandeliers Year 2 Replace 2 electric furnaces. Replace 2 aging water heaters. $22,950.00 Replace / Re-do original pipes. Year 3 Add thresholds and all new hardware to all existing exterior doors $2395.00 Year 4 Add / Replace all screens and screen doors $3000 1465.00 Year 5 Add / Replace / Refurbish original roll up screens in windows $2000.00 Year 6 Re-model and add tub to master bath $30,000.00 Year 7 Re-model guest bathroom. Replace 1970's fixtures and replace $5000.00 toilet, sink.. .etc. Year 8 Re-model Yz bath, replacing flooring to original style $2500.00 Year 9 Landscape and repair front yard and driveway $30,000.00 Year IO Landscape Backyard $10,000.00 Projects may be interior or exterior, but must utilize all tax savinl!s. Copies of all receipts and permits required with annual reports. 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 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ) I, RACHEL G. CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino City Resolution No. 2005-417 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 20th day of January, 2006 .& ' - 1'1 './ ~('j.J. '/X,)'/W'YL/ Rachel G. Clark, City Clerk ~ :1 LrLt!u-~~Oll'y)/1 By: Eileen Gomez, Deputy City; CI rk