HomeMy WebLinkAbout2005-418
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RESOLUTION NO. 2005-418
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT
PRESERVATION AGREEMENT WITH THE CHAPMAN FAMILY TRUST
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City, a Mills Act Preservation Agreement between the
Chapman Family Trust and the City of San Bernardino, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as though fully set forth at length.
SECTION 2.
The authorization to execute the above-referenced agreement IS
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2005-418
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT
PRESERVATION AGREEMENT WITH THE CHAPMAN FAMILY TRUST
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joint
6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
19th day of December
, 2005, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
MCGINNIS X
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DERRY ~
KELLEY X
JOHNSON X
MCCAMMACK X
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~ h CLvJL
City Clerk
The foregoing resolution is hereby approved {his >y-L day of December ,
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Neil Derry, Mayor Pro Tern
City of San Bernardino
Approved as to
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26 JAMES F. PENMAN
City Attorney
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l. '--....-..............,
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
1/20/2006
3:37 PM
Sw
P Counter
Doc#: 2006 - 0044591
\\ 1 ~'\lll\I\'\II'\ 111111111"
Titles: 1
Pages: 34
Fees
Taxes
Other
PAID
0.00
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0.00
$0.00
SPACE ABOVE FOR RECORDER'S USE ONLY
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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)
2005-418
Exhibit "A"
HISTORIC PROPERTY PRESERV A nON AGREEMENT
("MILLS ACT CONTRACT")
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THIS AGREEMENT is made this ~~ \ q I '}DO S
, by and between the City of
San Bernardino, a municipal corporation ("City") and the Chapman Family Trust ("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 3469 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 Number 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
chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any
corresponding adjustment in property taxes resulting therefrom.
.2005-418
TERM
NOW, THEREFORE, the City and Owner in consideration of mutual covenants and
conditions set forth herein, do hereby agree as follows:
I. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on Monday, December 19t\ 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 ofnonrenewal 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 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
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
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
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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.
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.
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6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow
reasonable periodic examinations of the interior and exterior 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 be 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
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; 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.
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
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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
available to the City to pursue in the event that there is a breach of this Agreement. No waiver
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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 92418-000 I
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2005-418
Owner:
Chapman Family Trust
3469 Valencia Ave
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
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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 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 ofthis 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
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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.
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CITY OF_s..AN BERNARDINO
o-}
:~TESTED T. -----
By:
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Owner
Dated: I -I /106
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Owner
Approved as to form
and legal content
JAMES F. PENMAN
City Attorney
By:
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_...iiEHNG REQUE$UI)~Y~
(1d-~lity +lationa\ fit'e C9ffitlllRY
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escrow He. 31117-KF _...,-,~.
~itle Order-No..-DO!l33422 V...v-
When RCI"nrit"" Mail DO"ulII*,ll
and Tit. Statement To:
Mr. and Mrs. ~Ies Chapman
3469 North VaIeJlcia Avenue
San BemafdiRe, CA 9240-4
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Exhibit "A"
"3 -: -e0pm "01131 TMJ
fieeHiyitn .~ l-6t6
-GRANT DEED
The undersigned grantor!s) declarels}
DocumentafY ~sfer tax i) ~2.00
[X 1 computed on fulfyalue of property conveyed, or
[ I QJffiPuted on fulflUllue les$ value of liens or encumbrances remaining at time of sate,
[ 1 UflincorporatedALea City of San Bernardino
FOR A VALUABLE CONSIDERATION, ~t of Wbtch is hereby ac.kno...ledged, Ge9rge~..aod.fa1ricil!ll:iicks,
Trusteesot-the Hicks Family T-fust Oated-OctoberLl, 199"3
hereby GRANTlSl 10 Charte-sIlean enapmaft and 'I'eri Down ~r~f"""n. .XL"ustees of the Chapman
F~ly TJ"uet, estabils'hed May 18, 1:'*39
the foRe l1li"'11 described JMl PfcmertY in the.1:Ity ut--scm Bl::IIIC:J1 dino
County- of 58ft Befnardffi&, State of C8Jifonua:
SEE EXHtBt-T ONE A TTACHCO UE-RETOAND MADE A "PAfnt'fEflfOf
DATED: Januarv 2l, 2000
Signature
By':
George H' s, Trustee
Cy: Y/ciZLuL~ /~
Patricia Hic..k.s. Trustee . ~ vi AJ
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MAIL TAX..srA TEMEN.TS AS DIRECTED ABOVE
GRA1'IT'DEm
2005-418
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Exh' .
lblt "A"
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2005-418
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a.
Exhibit"A"
EXHIBIT "ONE"
parcel No. i:
Those- portions of lots 5- anG o,1nock 4 01 ArroWhead JUllli livll 'fract,-1nth1!l-C-ity of Siffi
Bernafdtno, Coumy of San Bernardino,-state ofCattfomia, as-per-1J1at I ecol dad 1n--B~ ~ 2
of Maps, Page 11,-feCords of said :co.unbI..descrtbe:d :as-tottows:
Beginning at a potnt distant 300 feet East of the WestHne 01 sate blocK <t.and--4"80 feet
norttT of the SOtJth1tnetlf said ffiock 4;
Thence East 200 feet paraUel- to the Soutllline of sailt1310ck 4;
l"h8nee North 240-feet paraUel- to the West line- of saId 1310ck 4;
Thence West 200 feet paraUel- to the Soutlll41e 0.1 said-s.toc1< 4;
Thence South- 240 feet--pal~-to the West lUla..01 siwtEock 410 -lhfl..srotm--ot-beginnin9.
Parcel~. -lA:
An ea3effleRt .fef ingress aRd.eguJss over that .certainP.arce1 uftarnt dt:l~lil il.Jed-as fuH~:
That portion of Lot 6r ~ 4,1\trowhead Junction 'fract, in the-C-tty of San BernardiM,
County of San 6ernifdino, Staw.ot California, as-per plat recvlded-in-Book+2-0f Maf}5,
page- 11, records of said County., deo;:cr1hed as-rot1ows:
8egffiAing at a pQint~ the West line at said tnL6 di::;lclIll-430 feet North-ef-the Southwest
COtner of said Block 4;
Thence East paraHeJ with the South line of $alQ81()ck. 4,S01Jfeet;
Thence North paraHel with the West Une of saiCl131ack 4, adtstance ofw-tt;
Thence Wast paraHeJ. with the South line of sawBlack 4, adlstance of 200 ftlet,
Thence South pat'aHe! to the West line of said~ck 4, a distance uf IDieet
Thence Wast p-arattel with the Soum line of sai013lock. 4, a ffistance 01 ~O ftlel to a point
on"the West line- of said Block 4 distant 460 feet .{tecoroe.a ~.te.e1) Nllrttr"ofLhe
Southwest corner of said Block 4;
Thence South 30 feet along said West line of sald Block 410 ltnllJOint -of be.9il,ning.
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'b't "B"
Exhl 1
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Exhibit "B"
2005-418
Exhibit "e"
Mills Act Program Ten-Year Rehabilitation Plan
City of San Bernardino
CHAPMAN
3469 V alencia Ave
Year Proposed Project (s)* Estimated
Cost
Year I Front Steps - Replace concrete of cover in stone $2000.00
Year 2 Repair Flat Roof and window ropes (6) $2000.00
Year 3 Restore bathroom floors and replace all electrical plugs $2000.00
Year 4 Foundation Work - Rock $5000.00
Year 5
Seismic Retrofit $20,000.00
Year 6 New Carpet throughout house $6000.00
Year 7 Termite Treatment and rehabilitation of Guest Quarters $2000.00
Year 8 Kitchen Remodel $10,000.00
Year 9 Re-Roof $10,000.00
Year 10 Repaint $7,000.00
Replace or Rebuild front door to original style
Projects may be interior or exterior, but must utilize
all tax savin2s.
Copies of all receipts and permits required with annual reports.
2005-418
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
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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. 2005-418 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
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~l-ii1 P CI~~2f~
Ra el G. Clark, City Clerk
\4f}'i<,~itfyr
By: Eileen Gomez, Deputy City ('1
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