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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL Q~b1J N A L
From: Lori Sassoon, Assistant City
Manager
Subject: Resolutions authorizing the
execution of a Mills Act Preservation
Agreement and amending the Mills Act
Program procedures.
Dept: City Manager's Office
Date: December 13, 2006
Council Meeting Date: December 18,
2006
Synopsis of Previous Council Action:
October 18, 2005 - Legislative Review Committee recommends implementation of a Mills Act Program.
November 7, 2005 - Council adopts Resolution 2005-363 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 and
an annual administrative fee
December 19, 2005 - Council adopts resolutions 2005-216 through 2005-219, authorizing the execution
of 4 Mills Act Preservation Agreements.
Recommended motion:
Adopt resolutions
{jl~
Signature
Contact person: Catherine Allison
Phone: 5122
Supporting data attached: Staff report and additional info Ward: All
FUNDING REQUIREMENTS:
Amount: Some nominal loss of property tax revenue annually,
depending on property tax reductions.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. 10
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STAFF REPORT
Subiect:
Resolutions authorizing the execution of a Mills Act Preservation Agreement and amending the
Mills Act Program procedures.
Backl!round:
On November 7, 2005, Council adopted Resolution Number 2005-363 establishing the Mills Act
Program for the City of San Bernardino. The Mills Act is a state law designed to provide
financial incentives for property owners that restore and maintain historic residential and
commercial properties. The Mills Act contract requires the property to be assessed using a
different assessment methodology, resulting in a reduction in property taxes paid by the property
owner. Approximately 80 cities throughout California have adopted Mills Act programs,
including several in the County of San Bernardino. In 2006, Mills Act Agreements were
executed with 4 city residents.
For 2007, applications were accepted from November 1 st to the 30th. This year, two (2) property
owners submitted completed applications along with the required $200.00 application fees:
. Myra Elder's home is located at 3091 Mountain View Avenue and was built in
approximately 1930. This home is included in the 1991 Historic Resources Reconnaissance
Survey.
. Deborah Albert's home is located at 590 County Club Road and was built in 1937. The home
is not listed in the 1991 Historic Resources Reconnaissance Survey. Upon further review,
the home was likely omitted because the original character of the home has not been
maintained through the years by previous owners. Staff has informed the property owner that
the property is not a candidate for a Mills Act contract. Her application fee has been
refunded.
Upon adoption of the resolution, the property owner will enter into 10-year preservation
agreements (attached), beginning upon contract acceptance and remaining in effect for a
minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to
Section(s) 8 or 9 of the agreement. During this time, the property owner will be required to
reinvest all property tax savings into rehabilitation or maintenance of the historic property. The
agreement requires the property owner to preserve and maintain the historic significance of the
property, and to carry out the rehabilitation and maintenance projects specified in their
application materials. In accordance with Government Code Section 50286, if the City cancels
an agreement due to breach by the property owner, or for the owner's failure to restore or
rehabilitate the property in accordance with the agreement, the property owner must pay a
penalty to the County Assessor. State law currently sets this penalty at 12.5% of the current fair
market value of the property, which is a significant penalty in today's real estate market.
Amendment to Mills Act Procedures:
The County Assessor requires that all Mills Act Agreements be filed with their office by
December 31 st to be eligible for reassessment for the subsequent year. To meet the timeline
established by the County, it would be advantageous for staff to have more time to execute
agreements and gather signatures from all parties. For this reason, it is recommended that Mills
Act applications be accepted from October I st through 31 st beginning with the 2008 application
cycle. This will require an amendment to Resolution No. 2005-363, which is attached.
Financial impact:
Property owners that have approved Mills Act contracts will see a reduction in their property tax
assessments, resulting in a corresponding reduction in property tax revenues. In San Bernardino,
the City receives an average of seventeen cents ($.17) of each dollar ($1.00) of property tax
generated, with the balance of revenues allocated to counties, school districts, and special
districts.
The $200.00 application fee will partially offset the City's cost to process each application. In
addition, the property owner will pay an annual administrative fee of $75.00 to offset costs of
program administration.
Recommendation:
Adopt resolutions
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CO~y
RESOLl!TION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 2005-363, ESTABLISHING THE
APPLICATION PROCESS, REVIEW PROCEDURES, AND REQlIIRED CONTRACT
PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN
THE CITY OF SAN BERNARDINO
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; and
WHEREAS, the month during which applications are currently accepted is November
of each year; and
WHEREAS, to meet the timeline established by the County of San Bernardino, it
would be advantageous to amend the current resolution to allow more time for the execution
and preparation of agreements; and
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Section 4 of Resolution 2005-363 is hereby amended to read as follows:
"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 October only, during business hours. The ten (10)
applicants will be randomly selected from all eligible applications submitted."
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AMENDING RESOLUTION 2005-363, ESTABLISHING THE
3 APPLICA TION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT
PROVISIONS FOR THE IMPLEMENT A TION OF A MILLS ACT PROGRAM IN
4 THE CITY OF SAN BERNARDINO
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6 and Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
meeting thereof, held on the
7 day of
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9 Council Members:
10 ESTRADA
11 BAXTER
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BRINKER
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14 DERRY
e 15 KELLEY
16 JOHNSON
17 MCCAMMACK
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, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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City Clerk
The foregoing resolution is hereby approved this
day of
2006.
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25 Approved as to form:
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Patrick 1. Morris, Mayor
City of San Bernardino
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James F. Penman, City Attorney
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By: 7~
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t(Q)~r
RESOLUTION NO.
RESOLUTION OF THE MAYOR Al'iD COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZIl"G THE EXECUTION OF A MILLS ACT
PRESERVATION AGREEMENT WITH MYRA ELIZABETH ELDER
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Mills Act Preservation Agreement Myra Elizabeth
Elder, 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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SA'" BERI\;ARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT
PRESERV A TION AGREEMENT WITH MYRA ELIZABETH ELDER
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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12 DERRY
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2006, by the following vote, to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
ESTRi\DA
BAXTER
BRINKER
13 KELLEY
14
JOHNSON
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23 Approved as to form:
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MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ___'
2006.
Patrick J. Morris, Mayor
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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Exhibit "A"
HISTORIC PROPERTY PRESERV A nON AGREEMENT
("MILLS ACT CONTRACT")
THIS AGREEMENT is made this Monday,
, by and between the City of
San Bernardino, a municipal corporation ("City"), and Myra Elizabeth Elder ("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 3091 N. Mountain
A venue, 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
e to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of
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chapter 3. Part. 2. of Division I of the California Revenue and Taxation Code, and any
corresponding adjustment in property taxes resulting therefrom.
TERJ\1
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 12,2006 ("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 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 other 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
remammg.
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
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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 Nom enewa I.
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".
e. 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.
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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 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 of Information 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.
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B. Remedv - 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 lor 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, Ov.ner 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.
] 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
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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, shalf 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 Manager's Office
300 North 0 Street
San Bernardino, CA 92418-000 I
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Owner:
Myra Elizabeth Elder
3091 N. Mountain Avenue
San Bernardino. CA 92405
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 Citv. 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 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 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 of law 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 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
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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 wri tten.
Dated:
CITY OF SAN BERNARDINO
By:
ATTESTED TO:
By:
Dated:
Owner
Owner
Approved as to form:
JAMES F. PENMAN
City Attorney
By:
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COU~ OF SAN IEIlIUoRDIND
on :::fL4.AJe" JlI . 2001. before me. Roger H. R1dley. a Hotary TOP oF'TMUMI HERE
public. personally ~ppeared ~VRA ELIZAJE~ ELDER. personally known to
me Cor proved to me on the basis of satisfactory eviaence) to be the
person whose naMe 1s 5ub5cribed to thew1thin 1nstruaent and
acknowledged to .e that she executed the same in her authorized
capacities, and that by her signature gn the instrument the person. or
the entity upon behalf of whiCh the persGn acted. executed this
instrument.
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Moil tax bill 10: MY'" Elimb.lIt Eldot, 3091 N. MOWIrain View, Son Bernardino, CalifOl1lia 92405.
SAN BERNARDINO,CA Document: DD 2005.563488
Printed on 11/23/2005 1:53:20 PM Proyided by Data Tracc System
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Exhibit "C"
Mills Act Program Ten- Year Rehabilitation Plan
City of San Bernardino
ELDER
3091 Mountain Ave
San Bernardino, CA 92405
Year Proposed Project (s)' Estimated
Cost
Year I Remove 1 aluminum window, replace with historic iron gates $5000.00
and matching window guards
Year 2 Kitchen Renovation S8000.00
I Year 3 Refinish Wood flooring $4000.00
,
Year 4 finish Garage Interior $3,000.00
Year 5 Exterior Stucco Restoration (Repair Cracks) $2,000.00
I Year 6 Finish Basement $2,00000
Year 7 Interior Paint $2,000.00
Year 8 Partial Cover on Courtyard $3,000.00
Year 9 Plumbing Renovation $30,000.00
I Year 10 Annual Maintenance and Repairs $5,000.00
Projects may be interior or exterior, but must utilize
all tax savinl!s.
Copies of all receipts and permits required with annual reports,