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HomeMy WebLinkAbout2013-033 RESOLUTION NO. 2013-33 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH DAVID AND SANDRA OLIVAS. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City, a Mills Act Preservation Agreement between 9 David and Sandra Olivas, and the City of San Bernardino, which is attached hereto, marked 10 Exhibit "A" and incorporated herein by reference as though fully set forth at length. 11 SECTION 2. The authorization to execute the above-referenced agreement is 12 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 13 of this resolution. 14 /// 15 /// 16 /// 17 18 11/ 19 /// 20 /// 21 /1/ 22 /// 23 24 /// 25 /// 2013-33 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT 2 PRESERVATION AGREEMENT WITH DAVID AND SANDRA OLIVAS. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a regular joint meeting thereof, held on the 5 19th day of February 2013, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ x 8 JENKINS x 9 VALDIVIA x 10 SHORETT x 11 KELLEY x 12 JOHNSON X 13 MCCAMMACK x 14 Georgeann Hanna, C y Clerk 16 17 The foregoing resolution is hereby approved this . j day of February , 2013. 18 19 20 (Pseit mss, 21 'atric J. Morris y a City ti San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 By: - � •.t 2013-33 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DAVID AND SANDRA OLIVAS FOR THE PROPERTY LOCATED AT 845 N. MAYFIELD, SAN BERNAIDINO, CALIFORNIA ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, February 19. 2013 , by and between the City of San Bernardino, a municipal corporation ("City"), and David & Sandra Olivas ("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, generally located at the street address 845 N. Mayfield, San Bernardino, California ("Historic Property"). A grant deed description of the Historic Property is attached hereto as Attachment "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 Chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 2013-33 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 17, 2012 ("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 of this contract ("Renewal Date") an additional one (1) 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 of Nonrenewal"). The Notice of Nonrenewal 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 of Nonrenewal in any year,this Agreement shall remain in effect for the balance of the term then remaining. 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the Notice of Non-renewal by City, Owner may file with the City Clerk a written protest of the non- renewal. Upon receipt of the written protest, the City Clerk shall set a date and tine for hearing of the matter by the Mayor and Common Council. The hearing date shall be within 30 calendar days of the receipt of the written protest by the City Clerk. 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 Non-renewal. 2 2013-33 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 Community Development 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 on file and available in the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in said photographs. C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment `B", 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 savings. Adjustments to the project plan will not result in a breach of contract as long as the projects maintain the historical integrity of the property. 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 from the public right of way. 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 3 2013-33 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 as determined by the City in the exercise of its sole discretion), 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 it is subject to cancellation pursuant to Government Code Section 50284. 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. 4 2013-33 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. A. 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 be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. B. 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 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. 11. 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 5 2013-33 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. Each act hereby required relates to the use, repair, maintenance or improvement of the Historic Property for the benefit of the land owned by the public and all property owners of the City. 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 Community Development Office 300 North D Street, 3rd Floor San Bernardino, CA 92418-0001 Owner: David & Sandra Olivas 845 N. Mayfield San Bernardino, CA 92401 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. 6 2013-33 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 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 party 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 7 2013-33 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 Agreement to the State Office of Historic Preservation within six (6) months of entering into the contract and shall provide the City with evidence of such notification. 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. State of California, or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. 8 2013-33 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DAVID AND SANDRA OLIVAS FOR THE PROPERTY LOCATED AT 845 N. MAYFIELD, SAN BERNARDINO, CALIFORNIA ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: Allen J. Parker, City Manager ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 „p...,. 2013-33 RECORDING REQUESTED BY: PRIORITY TITLE COMPANY Electronically Recorded in Official Records,County of San Bernardino 812412012 03:21 PM �.+ DENNIS DRAEGER Fv WHEN RECORDED MAIL DOCUMENT AND >F+ �” ASSESSOR-RECORDER-CLERK TAX STATEMENT TO: 770 Priority Title Company DAVID OLIVAS Doc#: 2012-0344990 Titles: 1 Pages: 2 845 N.MAYFIELD SAN BERNARDINO,CA 420-1 0 1 I I IIIIIOhIIIHIIl I1 I I 111ii I II 1 Fees eOth r 28.00 82.50 .00 PAW 110.50 APN: 0140-213-19 TITLE ORDER NO.:54387 ESCROW NO.:20372-BL THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s)declare that the DOCUMENTARY TRANSFER TAX IS: $ 82.50 County XC computed on the full value of the interest of property conveyed,or _computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. OR transfer is EXEMPT from tax for the following reason FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,MARILYN YOUNGHEE CHO HEREBY GRANT(S)to DAVID OLIVAS,a Marled Man as his Sole and Separate property All that real property situated In the City of San Bernardino,County of San Bernardino,State of California,described as: SEE LEGAL DESCRIPTION ATTACHED-HERE WITH AND MADE A PART HEREOF AS EXHIBIT"A" • Commonly Known As:845 N.MAYFIELD AVE.,San Bernardino,CA 92401 Dated:July 9,2012 STATE OF CALIFORNIA } COUNTY OF, SAN BERNARDINO . } MARILYN YOUNGHEE CHO On, JULY 17. 2012 ,,before me, BARBARA LILBURN, NOTARY PUBLIC (here Insert name and title of the officer) personally appeared MARILYN YOUNCHEE CHO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) Is/ ire subscribed to the BARBARA Ltl qN within instrument and acknowledged to me that l ff/she/tf401/ ' Commission 1816211 . executed the same in Ma/her/00g'authorized capacity(kki), nrY Moo-Califon* and that by bigher/Wsfr signature(6) on the instrument the ' s`0 BarMrdino County Comm. en Au 27 2016 person($), or the entity upon behalf of which the person() acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true • and correct. WITNESS my hand andY_ eat. Signature /� � (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE ATTACHMENT "A" 2013-33 pp CORDING REQUESTED BY: PRIORITY TITLE COMPANY WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: DAVID OLIVAS 845 N. MAYFIELD SAN BERNARDINO,CA �a9 0 1 i ;*r APN: 0140-213-19 a ,.: TITLE ORDER NO.:54387 !.. k} , ESCROW NO 20372-Bl.' t r THIS SPACE FOR RECORDER'S USE ONLY a �t t GRANT..DEED•The undersigned Grantors)declare that br UMENTARy-TRANSFER TAX IS $ 82.50 County XX computed on the full value of the Inteofirtyoonveyed,or _computed on the full value less the value bihens or mt;Nances remaining thereon at the time of sate. „_OR transfer Is EXEMPT from tax for the frig reason FOR A VALUABLE CONSIDERATION,receipt of which is-hereby acknowledged,MARILYN YOUNGHEE CHO HEREBY GRANT(S)to DAVID OLIVAS,a Married Man as his Sole and Separate property All that real property situated in the City of Bemardino,County of San Bernardino, $Date Qf Cag[fpmia,described.as: t iJy�GAL:pESCRiPTION ATTACHED HERE WITH AND MADE A P iRTHEREOF AS EXHIBIT"A" fl fit` �* t�f 1�^! �X �j'�. 4 a � `; } . _, r ` r / F E(-SAVE:, [�an`Bemar fino, CA 92x401 d't S €5eD n�," ;�K ars .` a r�I i y� � �. z N'' ��@ '- Y,V,, r i) ti�.h Sad 5.? "'1 �` 3`tt.l°diI ft\ 's �;', �fi; py 1 ttP IL; y�B 3ta s r � . t..r-.:,p` t'7 a.E 4rias 4 ,t4 i r° -` '"rr " �-�""• EE 1�$` y�O ;rx ' `- }f"'iku> '.1,V'''''s 1 � fz'f E • f #K`£X44° MARILYN YOUNGHEE CHO .. ,;' t t' ' '' r,R? a 3 f 4 a t i4r, j` U u k441.it i s w i EC�3;r 4 ,a ag5 t�, .`1`S- nITM "'&i 17r 15, tij: I�6,* a tl t personally appeal; 't_ t, ter 1 1:-:. proved to me on the`basis of sa$sfactory evidence to be the person(e) whose name(s) is/Aye subscribed to the �.* f within instrument and acknowledged to me that rip/she/t i$f BARBARA 1j0 LILBURN t i Commission•1946211 :executed the same in J s/her/tliAlf authorized capacity(Wg), �.- t'' Kotiry PuW+a-Conforms and that by tpgl/her/ Ir signature(*) on the instrument the ,,,,,7, $an aerneMina County CO • person($), or the entity upon behalf of which the person(4) Conn. 1fe�Au x� 2016 -_ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ... WITNESS my hand and • eal. ~• Signature � . (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE Fr' BOE-502.+A(P2)REV.11(07-10) PRELIMINARY CHANGE OF OWNERSHIP REPORT 2013-33 To be completed by transferee (buyer) prior to transfer of subject property, in accordance with Section 480.03 of the Revenue and Taxation Code. A Preliminary . Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property Is located. Please answer all questions In.each section, and sign and complete the certification before filing.This form may be used in all 58 California counties.If a document evidencing a change in ownership is presented to the Retx;`rderfor recordation without the concurrent filing of a Preliminary Change of Ownership Report,the Recorder may charge and additional recording fee of twenty dollars($20) NOTICE: The property whine yOU acquired may be subject to a supplemental assessment in an amount to bri determined by the County Assessor. Supplemental assessments are not paid by filet ;orlescrow company at close of escrow,and are not included in lender Impound actmiritcy0o may be responsible for the current or upcoming property taxes even if yi ?io not receive the tax bill. SELLS NSFEROR AS SSO•'S•r C LNUMBE- MARILYN YOUNGHEE CHO 0140-213-19 BUYER,I*U4ISFEREE " BUYER'S DAYTIME TELEPHONE NUMBER DAVID OLIVAS STREET ADDRESS OR PHYSICAL LOCATION OF REAL,PROPERTY[. 845 N.MAYFIELD AVE.,San Bernardino,CA 92401 MAIL PROPERTY TM INFORMATION TO(NAME) DAVID OLIVAS ADDRESS CITY STATE ZIP CODE 845 N.MAYFIELD SAN BERNARDINO CA ES [ ]NO This propeity la intended as Itnypeincitoknasidemo If YES please indicate the date of occupancy or MO DAY YEAR Intended occupancy • PART I: TRANSFER INFORMATION(please answeralllquestions) YES 0 O i r A. This transfer is solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.). ❑ it B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner,death of a partner,termination settlement,etc). O "I C This is a transfer between 0 parent(s)and chiid(ren)?.D grandparent(s).:and grandchild(ren)?_ -. ,c,, ,� 0 ' ..r 0t.T. is la" s ctio)td,te tla y a priincipai residence by a person 55 years of age or older? t{^ �`�t+ a , ¢,A 14 k. R"A' 1'" A, ;,fie. ,�j r' __J.t s + *Iet W.NO M , £`E3& ' 4,Y 71„1,71, f I � ,"'";*tom residence by a person who to severely disabled as defined by Revenue and Taxation Vii. r , ti t same county? D yes•E l No - is a`Dili k .:441,4;; I. }�-, �. -N,. of the naine(s)of the person(s)holding title to the property(For example,a name change ,I,St it,..# s aid '' ,„41 °`�w r 3 Jtt s s4+- �1,�5'� T''''.:-1 i 4'z; 7- .?,.} � yda�z r t�s.,,04, 5” 1. , explatrt ^� r µi . 1 - ,, r L : I 4'ates.tee or reconve S a lender's interest in the property. �. 19 s-. :.. y p l� rty• i Q r H. Ai,:;,_, #, only as a rrgui erhent for financing purposes or to create, terminate, or reconvey a security st: ' �r r Ia t 4e explain D i i I >. ,a 'Sl iltr a trustee of a trust,mortgage,or other similar document. eey � t* qtr Q I1 This:,Ise i. f e i i T fi a 1.(O�aI - ,4a:., } # t may be revoked by the transferor and is for the benefit of © 11 tl the trans •r,and/or;>0 the'transferor's spouse 0 registered domestic partner O 11 2.to/from a trust that may revoked by the creator/grantor/trustor who Is also a joint tenant, and which names the other joint tenant(s)as beneficiaries when the creator/grantor/trustor dies © I1 3.to/from an irrevocable trust for the benefit of the 0 creator/grantor/trustor and/or ❑grantor/trustor's spouse ❑grantor'sltrustor's registered domestic partner ❑ II 4.to/from an irrevocable trust from which the property reverts to the creator/grantorlt ustor within 12 years ❑ 1i K. This property is subject to a tease with the remaining lease term 35 years or more including written options. CI f1 L. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s)In each and every parcel being transferred remain exactly the same after the transfer. ❑ II M. This is a.transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions. ❑ 11 N. This transfer Is to the first purchaser of a new building containing an active solar energy system. If you ecked YES to statements C,D or E,you may qualify for a property tax reassessment exclusion,which may allow you to maintain your previous tax base. If you checked YES to statement N, you may qualify for a property tax new construction exclusion.A claim form must be filed and all requirements met in order to obtain any of these exclusions.Contact the Assessor for claim forms. Please provide any other Information that will help the Assessor understand the nature of the transfer. Tura hr tnt ituiP JT IC NAT CI IA_IPf:T TA Pt IRI In INSPRCTiON 2013-33 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DAVID AND SANDRA OLIVAS FOR THE PROPERTY LOCATED AT 845 N. MAYFIELD, SAN BERNARDINO, CALIFORNIA ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, February 19. 2013 , by and between the City of San Bernardino, a municipal corporation ("City"), and David & Sandra Olivas ("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, generally located at the street address 845 N. Mayfield, San Bernardino, California ("Historic Property"). A grant deed description of the Historic Property is attached hereto as Attachment "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 Chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 1 2013-33 •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 17, 2012 ("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 of this contract ("Renewal Date") an additional one (1) 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 of Nonrenewal"). The Notice of Nonrenewal 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 of Nonrenewal in any year,this Agreement shall remain in effect for the balance of the term then remaining. 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the Notice of Non-renewal by City, Owner may file with the City Clerk a written protest of the non- renewal. Upon receipt of the written protest, the City Clerk shall set a date and tine for hearing of the matter by the Mayor and Common Council. The hearing date shall be within 30 calendar days of the receipt of the written protest by the City Clerk. 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 Non-renewal. 2 2013-33 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 Community Development 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 on file and available in the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in said photographs. C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "B", 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 savings. Adjustments to the project plan will not result in a breach of contract as long as the projects maintain the historical integrity of the property. 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 from the public right of way. 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 3 2013-33 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 as determined by the City in the exercise of its sole discretion), 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 it is subject to cancellation pursuant to Government Code Section 50284. 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. 4 2013-33 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. A. 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 be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. B. 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 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. 11. 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 5 2013-33 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. Each act hereby required relates to the use, repair, maintenance or improvement of the Historic Property for the benefit of the land owned by the public and all property owners of the City. 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 Community Development Office 300 North D Street, 3rd Floor San Bernardino, CA 92418-0001 Owner: David & Sandra Olivas 845 N. Mayfield San Bernardino, CA 92401 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. 6 2013-33 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 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 party 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 7 2013-33 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 Agreement to the State Office of Historic Preservation within six (6) months of entering into the contract and shall provide the City with evidence of such notification. 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. State of California, or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. 8 2013-33 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DAVID AND SANDRA OLIVAS FOR THE PROPERTY LOCATED AT 845 N. MAYFIELD, SAN BERNARDINO, CALIFORNIA ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: 1/ CITY OF SAN BERNARDINO B 'y:_ A11en J. Parker, City Manager ATTESTED TO: Dated: D3 /.;z C,/ Uar"'e &j4otte-- Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 2013-33 • RECORDING REQUESTED BY: PRIORITY TITLE COMPANY Electronically Recorded in Official Records,County of San Bernardino a2412012 03:21 PM ,d\!1" DENNIS DRAEGER FV WHEN RECORDED MAIL DOCUMENT AND TiO ,,: ASSESSOR•RECORDER-CLERK TAX STATEMENT TO: * % 1 770 Priority Title Company DAVID OLIVAS Dec#: 2012-0344990 Titles: 1 Pages: 2 845 N.MAYFIELD SAN BERNARDINO,CA cram 0 I I IIIIIHIIIIIIIII 11111111"II I 111 Pass Truces Other 28.00 62.50 ,00 PAID no.eo APN: 0140-213-19 TITLE ORDER NO.:54387 ESCROW NO.:20372-BL THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s)declare that the DOCUMENTARY TRANSFER TAX 1S: $ 82.50 County XC computed on the full value of the interest of property conveyed,or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. OR transfer is EXEMPT from tax for the following reason FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged,MARILYN YOUNGHEE CHO HEREBY GRANT(S)to DAVID OLIVAS,a Married Man as his Sole and Separate property All that real property situated In the City of San Bernardino,County of San Bernardino,State of California,described as: SEE LEGAL DESCRIPTION ATTACHED-HERE WITH AND MADE APART HEREOF AS EXHIBIT"A" • Commonly Known As:845 N.MAYFIELD AVE.,San Bernardino,CA 92401 Dated:July 9,2012 STATE OF CALIFORNIA } / COUNTY OF. SAN BERNARDINO } , MARILYN YOUNGHEE CHO On, JULY 17, 2012 ,,before me, BARBARA LILBURN, NOTARY PUBLIC (here Insert name and title of the officer) personally appeared MARILYN YOUNGREE CHO who proved to me on the basis of satisfactory evidence to be the person(a) whose name(*) Is/Me subscribed to the tBARA LtRN with€n €nstrument and acknowledged to me that yi0/she/t}f�y * Commis=ton t8/82. executed the same in Ji*s/her/t.%8lt authorized ca aci lia), ,' Notutr Public a p �( ":'i Ito/Bernardino C and that by bW/her/$(r sIgnature(t) on the Instrument the Cornm.Ex ns au 27 20i5 person($), or the entity upon behalf of which the person(*) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true • and correct. WITNESS my hand and • eat. Signature (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE ATTACHMENT "A" 2013-33 CbRDING REQUESTED BY: PRIORITY TITLE COMPANY WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: • DAVID OLIVAS . 845 N. MAYFIELD SAN BERNARDINO,CA•• 4 ►�..0..I APN: 0140-213-19 r ' �... . f .TITtE ORDER NO.:54387 ESCROW NO 20372-BL THIS SPACE FOR RECORDER'S USE ONLY }4 t .•GRANT:DEED The undersigned Grantor(s)declare that'ihd UMi=1�ITARY TRANSFER TAXIS: $ 82.50 County -.M computed on the full value of the inter �pf n r(y .... . • j,or ____computed on the full value less the value bf Berta of enc i branees remaining>thereon at the time of safe. OR transfer is EXEMPT from•tax forthe' ng reason FORA VALUABLE CONSIDERATION,receipt°of which is•herrby,acknowlledged,MARILYN YOUNGHEE CHO HEREBY GRANT(S)to DAVID OLIVAS,a Married Man as his Sole and Separate property All that real property situated in the City of$an_Bemardino,County of San Bernardino, State.of CaJJfomia,described as: ,S� ECyAL pESCRIPTIQN ATTACH D HERS WITH AND MADE A PART HEREOF AS EXHIBIT"A" v �� s 43`,,, ,E2t x Z,;¢, q �; �A''''h ' N MAYF ELD AVE,San Bernardino, CA 92401 - fist'l f� 3L , i i t,W,,( S tS t rd� i,g "f' R1 /d ti 4� 'c�$4tr?`Fta.'v t`1' :N ia.'y'VT s s ip1 )51't'U « i} tT.�y" z °, }� tftl 0% itf �.` Z�..Q.. C:a.9 •i+ :....:''': 4;;'..-. � gam._.._.. t�YS. o''4 4i tya}4 11;.r't4' i,. s1�` � sF .� 'l. .N� fF: $//,, n ,, s ,, f r ,,t �t y MARILYN YOUNGHEE CHO•rtY4-1E-,:c-'s1,---''''--. x .<1 `4 rx,� ti 5 3 s is f-x ti a _ s_ xs t r )�► tzi fly . .�-.1,'4'f4�d ' i E t 110.x'f..1 . ,4."P 1 1 ) 1. , ,f; 4if 6 z ,fir.nY, �8`w7 s. ", d esk*y personally app I ' .,),..,..,,,,;:;,-,77.,...11 � ! .. = .ho proved to me`on the basis'of satisfactory evidence to '',,`:;;'":'(5 e the person(s) whose name() is/ fe subscribed to the , _•!,..7t•�� BARBARA MOURN within instrument and acknowledged to me that yii!lshe/t� y ,i' i■ Commission.1946211 executed the same in lifslher/trutiit authorized capacity(iVO), Notary aft B rflai Public-CsOUOtYs and that by lyf�t/her/fir signature{ } on the instrument the r^ '� $u'�ernarotna County C person($}, or the entity upon behalf of which the personperson(d) am iraa au 27 2016 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .... WITNESS my hand and eal.#.._ Signature (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE 2013-33 BOE-502-A(P2)REV.11(07-10) ppr PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by transferee (buyer) prior to transfer of subject property, In accordance with Section 480.03 of the Revenue and Taxation Code. A Preliminary • Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. Please answer all questions in.each:section, and:;sign and;complete the certification before filing.This form may be used in all 58 Calif mia counties.If a document evidencing a change in ownership is presented to the Rebo 4erfor:reoordation without the concurrent filing of a Preliminary Change.of.Ownership:Report,:the Recorder may charge and additional recording fee of twenty dollars($20) , NOTICE: The property whith you acquired may be subject to a supplemental assessment in an amount t4 be determined.by the County Assessor. Supplemental by assessments are not paid thef �orrescrow company at close of escrow,and are not included in lender impound acotl[rl �*�Yotr may be responsible for the current or • upcoming property taxes even if you dtd not rreceive the tax bill. SELL SFEROR s ASSESSOR'S PARCEL NUMBER MARILYN YOUNGHEE CHO. 0140-213-19 BUYERtrRANSFERdt BUYER'S DAYTIME'TELEPHONE NUMBER DAVID OLIVAS . , • STREET ADDRESS OR PHYSICAL LOCATION OF REALPROPER'):i.` 845 N.MAYFIELD AVE.,San Bernardino,CAf,92401 MAiL PROPERTY TM INFORMATION TO(NAME) DAVID OLIVAS ADDRESS CITY STATE ZIP CODE 8455 N.MAYFIELD SAN<BERNARDINO CA yJ YES NO This property Is intended AS Inlrptinrpat residence:If YES.please indicate the,date of occupancy or MO DAY YEAR /_ _ Intended occupancy . PART I: TRANSFER INFORMATION(pleasean rswi adqurestions) YES O. :13 11 A. This transfer is solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.). O II B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner,death of a partner,termination settlement,etc). El II:- C This Is a transfer.between 0 parents)and child(ren)?.0-]grandparent(s)and grandchild(ren)? 4 ai 1 s ga:K,- ,`0 I I ^ al frT,.hfs is Trains ctit n tO plat e a principal residence by a person 55 years of age or older? j- >,- .$4,.'+a�`i.gte. +'ti : 7-�• F 1 r d t _ ,f f' J,y�' Oii.c.Y O o .. I r { � principal tesidenoe by a person who is severely disabled as defined by Revenue and Taxation �1'L ��'�*�,f-1x {ys 4� x �,Ya 'xgr�Ptf' ��k '��'�f�" }� ,V,, • ,° . b y 1 , the same c ounty? 0_Yes a No ' a,. x a i a vi 4 7 > . 'y'�tlg y jA`',, , ' . �� A` n''n' '' -� N-.. of naiftl:(s)of the person(s)holding title to the property(For example,a name change , # f,,I1a� #' t,4414'47 Lr 11) r i1.4, 0jrt,}�� ,explain £ , ':Al. �, ¢I titizaas„terlT)iljwatee O(reconYeyS a lender's Interest in the property. �?{ i3 r H}~r I a 1 I • ' Only�ass�a yr�eecttuIrryement for.financing purposes or to create, terminate, or reconvey a security 5 i = �i ', if please explain �� es fin .. ,{.•� � t CI I' ` a „ t >' ' .r °A 'iii �a tr ustee of a:'trust;mortgage,or other similar document.• 0''''..ii Ibis is t� 1 , 1, e •310 •• • 1.t +iA . s> , - Otat tray be revoked,tsy the transferor and is for the benefit of II.. t the tranefel'r; trtdlo' EI the transferors spouse 1]registered domestic partner•CJ U 2`.tolfrom a trust'that may be revoked by the creator/grantor/trustor who is also a joint tenant, and which names the other •.:.:::.,:joint tenant(s)as beneficiaries when the creatorigrantor/trustor dies El I I 3.to/from an irrevocable trust for the benefit of the 0 creator/grantor/trustor and/or to grantor/trustor's spouse CI grantor's/trustor's registered domestic partner 13 II 4.to/from an irrevocable trust from which the property reverts to the creator/grantor/t ustor within 12 years a rl K. This property is subject to a lease with the remaining lease term 35 years or more including written options. O "I L. This is a'transfer between parties in which proportional interests of the transferor(s) and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. 13 II M. This is a.transfer subject to subsidized low-income housing requirements with governmentally Imposed restrictions. O iI N. This transfer is to the first purchaser of a new building containing an active solar energy system. *If you ecked YES to statements C. D or E,you may qualify for a property tax reassessment exclusion,which may allow you to maintain your previous tax base. If you checked YES to statement N, you may qualify for a property tax new construction exclusion.A claim form must be filed and all requirements met in order to obtain any of these exclusions.Contact the Assessor for claim forms. Please provide any other information that will help the Assessor understand the nature of the transfer. TWIG nA( I 11UI1MMT IC MAT Al IRA WIT TA PI PRI U.INRPRr.TIAN