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HomeMy WebLinkAbout2013-347 RESOLUTION NO. 2013-347 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MILLS ACT 3 PRESERVATION AGREEMENTS WITH ARTURO MALDONADO CASAS, 4 GENARO CONTRERAS, JESSE AND REGINA HERNANDEZ, ESMERALDA AND MIGUEL OSORIO, MARIA AND JOSE COVARRUBIAS, RAYMOND AND LORI 5 CAIN, JO E. THOMAS, MARICELA ALBERTO, AND SANDRA AND DAVID OLIVAS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute nine 9 Mills Act Preservation Agreements, attached and incorporated herein as Exhibits A through I, 10 11 with the following persons and for the following locations: 12 A. Arturo Maldonado Casas 801 N. Arrowhead Avenue 13 B. Genaro Contreras 358 W. 8th Street 14 C. Jesse and Regina Hernandez 3098 N. Arrowhead Avenue 15 D. Esmeralda and Miguel Osorio 728 N. Arrowhead Avenue 16 17 E. Maria and Jose Covarrubias 829 Mayfield Avenue 18 F. Raymond and Lori Cain 3058 Serrano Road 19 G. Jo E. Thomas 2788 N. Mountain View Avenue 20 H. Maricela Alberto 835 Mayfield Avenue 21 I. Sandra and David Olivas 845 Mayfield Avenue 22 23 24 SECTION 2. The authorizations to execute the above-referenced Agreements are 25 rescinded if the parties to the Agreements fail to execute them within sixty (60) days of the 26 passage of this Resolution. 27 /// 28 2013-347 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MILLS ACT 2 PRESERVATION AGREEMENTS WITH ARTURO MALDONADO CASAS, GENARO CONTRERAS, JESSE AND REGINA HERNANDEZ, ESMERALDA AND 3 MIGUEL OSORIO, MARIA AND JOSE COVARRUBIAS, RAYMOND AND LORI 4 CAIN, JO E. THOMAS, MARICELA ALBERTO, AND SANDRA AND DAVID OLIVAS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting 8 thereof,held on the 16th day of December , 2013, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X 12 JENKINS x 13 VALDIVIA X 14 SHORETT x 15 16 VACANT 17 JOHNSON X 18 MULVIHILL X 19 20 Georg-J Hanna, t Clerk 21 n�-r/!' 22 The foregoing resolution is hereby approved this . U day of December , 2013. 23 24 PAT"ICK J. MO' Mayor • • San Bernardino 25 26 Approved as to form: GARY D. SAENZ, 27 City Attorney 28 y40 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of Decembexby and between the City of San Bernardino, a municipal corporation ("City"),and Arturo Maldonado Casas("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 801 N. Arrowhead Avenue, 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. 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 16, 2013 ("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 (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 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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 I-hstoric 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Arturo Maldonado Casas 801 North Arrowhead Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: 9 MCACA1 max* toi RECORDING REQUESTED BY: Ticor Title Company of California AND WHEN RECORDED MAIL TO: ARTURO MALDONADO CASAS 801 N. ARROWHEAD AVE. SAN BERNARDINO, CA 92411 THIS SPACE FOR RECORDERS USE ONLY: Escrow No.: 015576,114 Title Order No.: 98177 62 GRANT DEED THE UNDERSIGNED GRANTOR(S)( DECLARE(S) DOCUMENTARY TRANSFER TAX is$123.20 [X]computed on full value of property conveyed,or [ ]computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [X[ City of San Bernardino AND FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged, Di Yu,a Single Woman hereby GRANT(s)to: ARTURO MALDONADO CASAS, A SINGLE MAN the real property in the City of San Bernardino,County of San Bernardino,State of California,described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF Also Known as: 801 N.Arrowhead Ave.,San Bernardino,CA 92411 AP#:0140-221-28 DATED June 27,2011 ���� STATE OF CALIFORNIA • r-- �'" / - COUNTY OF o /1 I - S DI Yu . On I" 7vii before me,v „y' ) A Notary Public innd f' said State personally appeared b/ yvt who proved to me on the basis of satisfactory evidence to be �______- v ; JItiNY W0 the person(s)whose name(s) is/are subscribed to the within ti Instrument and acknowledged to me that he/she/{hey !2 s xoCotitiue i19c367�80 executed the same in his/her/their authorized capacity(es), LOS ANGELES COOLY and that by his/her/their signature(s) on the Instrument the '' : ►Art:o:ar.EXP.SJUNE OOLY person(s), or the entity upon behalf of which the person(s) 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 official seal. Signature (Seal) MAIL TA MAIL TAX STA MENT,.TO PA”TY SHOWN BELOW;IF NO PARTY SHOWN,MAIL AS DIRECTED ABOVE: Exhibit"C" Sian Be 1 lao Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 p I�e P��r Lead is.), for 4\ /50O.O C) Year 2 /0 Ot,A.4s, cile c} ( -a 0 di, Ov Year 3 'n /J 0�2Lt4l 2 4�/ -Q k3 4' 1'J Lk)o j -90€1 i fed I Year 4 / rc ,'/J A- In LA- ..:...cu.4-.5,°G( . ' • Year 5 pc.), Ivo i- koLt_ s-.4._ 1. ko s ,-a 42_ /50(100 Year 6 _ 1'errni4_, . I. epcktr 600.0 Year 7 - -cc- f)e w r i 1.6 etOO. I Year 8 10 ek-AJ i rD S ; , ,e 1-v,r"eS • • Year 9 {' S4-o. ∎.v r k-- )2-f fa ► r 706, Year 1.0 1 *See attached list of potential'pprojects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. / 4 VII Y U P San Bern, lion City of San Bernardino Mills Act Application Property Information Property Address SO I Na A-crow h eac1 4 J-R. . APN: 01 ( O — 1 ~ 02- —O oO C) Owner ` Owner Address VD I Ay- rot,., i`1 J Owner Telephone Number:Daytime 5'0 I - L171 a3�4ening E-Mail Address: Use of Property(Residential or Commercial...please describe) R.e_sd( - Ctrl ., �i.l � R: {.,� t y LPG„ k i Ty "4 44, 1-07,:--;_.,-:(,,,t--;' .,,. (! w., , •� 7 . is r d..=4.,:.$► , ' County of San Bernardino `' ' � 4� ' 1b,! ,� . ,, 3; Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)$37-8308 Mailed to CASAS,ARTURO MALDONADO www.MyTaxC011ector.cor 801 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92411 r,}�,{. v L,S %I ��{{y7{q5! v., CNTL 0029828 ei.:.P'_ .1.6 il- j° .)ra;,,i��•91Fr'.'kS41C1!�'11VQ,i'h�a ,.w.: f��.. iA A--v..,,,,,.,.,,,3 • Land 22440 Improvement Fixtures 59160 improvement Penalty Personal Property e - -- - •� Personal Property Penalty it�,P ree!Nvrnsber 08111 Number ©Tax RateAree O,T0taltakRak @a Homeowners Exemption a S;c. r r, §F a Other Exemptions 1,) ?ofi . t.MA 130026734 0007012 1.338400 }, VV, �3 _: v�iNitt1 4xk_F1sc,Vii:�s+w+ 81600 (s)Ovvner(s)of.Reiord O First Instailment!Due TAX DISTRIBUTION AS OF JAN 01,2013 ,Q Service'Agency ;<For Infbcrnation`taI)t Ai n'1gnt;, CASAS,ARTURO MALDONADO 11-01-2013 $549.29 GENERAL TAX LEVY 816.00 I;Second Installment bue •SAN BEAN VECTOR CONTROL 800.442-2283 5.82 SAN BDNO COMM COLLEGE BOND 909-382-4022 34.19 02-01-2014 $549.28 SCHOOL BONDS 909-301-1184 110.1e (�Prop er ty.Address SCHOOL STATE REPAYMENT .00 801 N ARROWHEAD AVE SAB ro.itraosim k SB VALLIY ATE WTR DBT SVG 909 387-9200 132,60 n Total -Taxes Due �kj��t. ��M Make checks payable to SBC Tax Collector ( Legal Description Din(S48 FT LOT 4 BLK 63 [(DImpbrtant Messages , Para inlormacibn de su factura de impuestos de propledad en espariol, por favor visite www.colecciondeimpuestos.com o(lame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL 91111111111IMMo First Installment is delinquent If not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANiY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM \ i✓ - :liar l �'d' San Bern inn City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 801 N. Arrowhead Ave. San Bernardino,CA 92401 Owner: Arturo Casas In Reconnaissance Report: 44 / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey: /Ow, l J t ao t 3 Was the homeowner contacted? na a Commission Recommendation for Program: 00/ NO Commission Notes: Commissioner.Name: 0„1.-- ()fro G 5 Date: ( 1 -1 5 13 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a (M�Mills Act contract. . Commissioner Signature: ,5...„I,4.5k Q .. - O �/•� Commissioner Contact Information: c2(t -, o S _C, 4l l 7 San Boar inn City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 801 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Arturo Casas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey: .4 t.4 ..y /7T �/.3 Was the homeowner contacted? 1 Commission Recommendation for Program: o / NO Commission Notes: pp,,r(-41 LA G`n. •� � re2.4174,e frnt,f4 fincwv) , IAA Al /e4r' �JL/i_I_,. .. „di r iL.� ..4 ./ . i.r � r COI .. Grnc . Commissioner Name: ` etS Date: // /1 .) /46/4,1 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. Commissioner Signature: �e�'t�trc ilvl'I 7?et)972.411.....0 (c) Johnnie.Ann Rti(pt Commissioner Contact Info ation: 825 W.s(teridan Road San Bernardino, CA 92407 /., 4 -c/a I/7 dAnnre, Z-a /pA e hoe C ♦ 1 1 1 01 Sall Rena mu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 801 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Arturo Casas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey j/-- / 7_ 13 Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: US[° fr P 9'1 ' rj7i 0 . V • ,-,/n '__,t A. .r / /- ne-1 re#24 ifildlr _____41 Ir ���� , y _, • _ v , A 4 1,1 /d! Commissioner Name )),) l CL-45'0 g? ate //-/ r- /3 As a representative of the Historical Preservation Commission, 1 have reviewed understand the criteria of the Mills Act p owm, and certify that this property does qualify for consideration of a Mills = . c' tra... Commissioner Signature: Commissioner Contact Information: 0a a — 7 zz //I'M 6' '7,7- gr.2_,o3----6.___> Lisa Sherrick From: James Smith<pgpJsmith @hotmail.com> Sent: Tuesday,November 19, 201310:07 PM To; Lisa Sherrick Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Li @sbcity.org To: pgpjsmith @hotmail.com CC:Stewart_To@sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino, CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitvgov From:James Smith (mailto:pgpjsmith @hotmail.com] Sent: Saturday, November 16, 2013 8:46 AM . To:Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member, City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To: aeadesign @verizon.net;vcorbel @hotmail.com; pgp_jsmith @hotmail.com;joe @joearnett.com; 1 , Lisa Sherrick From: suzearp @gmail.com on behalf of Suzie Earp<earps©csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves. The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li @sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development • City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov i 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT • ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of Decembgrby and between the City of San Bernardino,a municipal corporation("City"), and Genaro Contreras ("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 358 W. 8th Street, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Genaro Contreras 358 W. 8`1' Street 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: a .' 9 Recorded In Meld Records,County of 613/E0 n 71P141 l we • • A`:''., DENNIS DRAEGER 11:37 AM RECORDING REQUESTED BY s~r^ " " A88E8SOR — RECORDER — CLERK C Q V12�rO çkrYi►S ' ' AND WHEN RIICO M L O: �.' P Counter Genaro Contreras 19437 Lureiane Street DOC#: 2011-0469724 Titles: 1 Paget: 2 Rialto, CA 92376 Fees 28.00 Taxer 0.00 11111 Other. 0.00 I'A1D .528.00 Space Above This Line for Recorder's Use Only A.P.N.:0140-212-30-0-000 Order No.: Escrow No.: GRANT DEED THE UNDERSIGNED GRANTOR(a)DECLARE(s)THAT DOCUMENTARY TRANSFER TAX IS:COUNTY LO ` ) computed on full value of property conveyed,or r[ ]} computed on full value less vane liens e encumbrances ace remaining at time of sale, unincorporated area; [X} City POR A VALUABLE CONSIDERATION,Receipt of which is hereby acknowledged, Maria Contreras,an Unmarried Woman hereby GRANT(S)to Genaro Contreras,a Single man the following described property in the City of San Bernardino, County of San Bernardino State of California; All that portion of Lot 2,Block 62,in the City of San Bernardino,County of San Bernardino,State of California as per map recorded in Book'7,Page(s)1,of Maps,in the Office of the County Recorder of said County, described as follows: Beginning on the North line of 8th Street,25 feet West of the Southeast corner of said Lot; Thence West along the North line of 8th Street,65 feet; Thence North 0°6'West,150 feet to a point; Thence East 65 feet to a point on the west line of Mayfield Avenue,which point bears North 0°6'.West,150 feet from the point of beginning; Thence South 0°6'West along the West line of Mayfield Avenue 150 feet to the point of beginning. • GRANT DEED CONTINUED ON NEXT PAGE Mail Tax Statements to: SAME AS ABOVE or Address Noted Below 4 • N 4 4144412-30-0.000 CONTINUATION OF GRANT DEED ,dt(Ad aria intreras Document Date: November 10,2011 STATE OF CA ORN )SS COUNTY OF atYl r (h[� ) 1 ae 6. + ' �, I' .. aC.D L S ,a notary public in and On tn,i__ be ora me, _ h Y2�-Q 5 who proved to ma on for said state,personally appeared (Via(r(0. the basis of satisfactory evidence to be the person(s)whose nsmet�)ia/are subscribed to the within instrument and acknowledged to use that h ey executed the same in hilpheir authorized capacity(ice),and that by h?r teir signature(s)on the Instrument the person(s),or the entity upon be elf of which the person(s)acted,executed the instrument. I certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT■•MS my hamd and official ;o Signature :.. 01J2 � -�-. ^' ono Commission• WWI" 3 1 )POCItiVnta&c. Exhibit"C" tFl?- Sun B1' I ma. Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 54-a; a C kaSS O&M w4.4,oJ 150 , o Year 2 a, Poo,./ boO, b0 Year 3 Year4 )AA( Q, keflctc1' c3'VC , 00 60, 00 Year 5 Year 6 5' 12- \,©k.5 a o 60 . 0 0 Year 7 LO1/4.0 i (560 .0 ° Year 8 U j 61'71: .2. Res o r•e (ja('r (5.000 .00 Year 9 Year 10 ��11 oTiO , vac 1500.0D *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. • ,'. ,,,,,••---,,,, P •,,,,,,,, .c,,-,',.,• . 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San Bernardino,CA 92416.0960 102 1 130026615 2 1 13122.10 00000044776 3 00000049254 6 / ,/ ') 4,`; San Bern i in City of San Bernardino Mills Act Application Property Information Property Address 35i? uo 7+ti S APN: O f �l 0 "' l a -3 0 ~ 6 ` O O Owner G- wcA_,rd Cow r ,e r Ci S Owner Address 35 9. u) ?ft" s'J'r' Owner Telephone Number:Daytime 0? . (0 3- %07 Fuming E-Mail Address: Use of Property(Residential or Commercial...please describe) 1� •e5 ct D tt'r�,t bn6 `na City of San Bernardino Mills_Act. Historical Preservation Commission Recommendation Property Address: 358 W. 8th Street San Bernardino, CA Owner.: Genaro Contreras In Reconnaissance Report:e / NO Owner Telephone Number: Daytime 909-963-4274 Evening: Date of Inspection/Windshield Survey: Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: T- w; l l 064- 64 1) cS I A-3 Qj 4-1,, rip Q re) ce.) c d- - t ; . on) o c.) c'- (0, o c' ►may �� Commissioner.Name:, S e a.S Date: 11--15 -13 As a representative of the Historical Preservation Commission,. I have reviewed understand the criteria of the Mills Act program, and certifil that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: � � _ � Commissioner Contact Information: 65-6 '117 i,• 4 " i4 SH Rena 1 UM City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 358 W. 8th Street San Bernardino,CA Owner: Genaro Contreras In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-963-4274 Evening: Date of Inspection/Windshield Survey: M„te w+. -y 11 , o2...e)/3 Was the homeowner contacted? Na Commission Recommendation for Program: a* / NO Commission Notes: • O►; „ I .. ,IAT`i 1 r L!.4 _ .AI_1 A !PUP L. 'A. ` L 1. A / _i . .:.4—....e.. !•• e f l 4 ,_./, — _• ti iv / . .!.! . 1 kL.. A• I IA'+ .� _!' .4_/ t Commissioner Name: / Date: II It) /44913 As a representative f the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qual6,for consideration of a Mills Act contract. . i Commissioner Signature: ,.w• A.Al. L. .,.►.•A ° - -- 1 Commissioner Contact Info ation; Jo 2�We Ann feRn$of aL San Bernardino, CA 92407 , bl- 909 . 8 ._ yey7 icoh 4 nic , Ya /p 4 C Woo , cra m \ 4.,,,_ ., Siam mu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 358 W. 8th Street San Bernardino, CA Owner: Genaro Contreras In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-963-4274 Evening: Date of Inspection/Windshield Survey: J —/ F.✓ Was the homeowner contacted? Wa Commission Recommendation for Program: YES)/ NO Commission Notes: 44) omd S - L , ,," / I Cfilh A?rte, 'fl - ' ., . s -- I , I _ Gt 1.II 114,AI' 7'. N a 4 , s / d .LA / -- /'ar/9 /) ee s re6,4.1' Commissioner Name: ))))4,45— p ..274/I Date: I[ / / As a+ representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act prsgr, , and certify that this property does qualify for consideration of a Mills : vc•1 ac . . ... / r ._ / Commissioner Signature: ie► - �� - • g / �,* Commissioner Contact Information: Ca//¢ 7a - 7 9 7 3 / Hon7 . 8) .07- yr?_ aS-Y? Lisa Sherrick , From suzearp@gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian,..both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. , I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li #,sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300N.DSt. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitygov 1 Lisa Sherrick From: James Smith<pgpJsmith©hotmail.com> Sent: Tuesday,November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Li @sbcity.org To: pgpJsmith @hotmail.com CC:StewartTo@sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE:Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino. 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitveov From:James Smith (maiito:pgp_jsmith @hotmail.comj Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org • To: aeadesign @verizon.net;vcorbel @hotmail.com; pgpJsmith @hotmail.cor;Joe @joearnett.com; 1 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,16th day of December by and between the City of San Bernardino,a municipal corporation ("City"), and Jesse and Regina Hernandez("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 3098 North Arrowhead Avenue, 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. 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Jessie and Regina Hernandez 3098 North Arrowhead 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 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: 9 lh - RECORDING REQUESTED BY: Lois Lauer Realty-Escrow Division '- Order No.127517 • Escrow No.21381 parcel No.0152-203-02 AND WHEN RECORDED MAIL TO: JESSE HERNANDEZ REGINA HERNANDEZ SPACE ABOVE THIS LINE FOR RECORDERS USE GRANT DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S)THAT DOCUMENTARY TRANSFER TAX IS$253.00 and CITY S ® computed on fill value of property conveyed,or ❑ computed on full value less liens or encumbrances remaining at the time of sale. ❑ unincorporated area: ® San Bernardino,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Stephanie Louise Grijaiva,a MarriettWoman as her sole and separate property hereby GRANTS)to: Jesse Hernandez and Regina Hernandez,husband and wife as Community Property with the Rights of Survivorship the following described real property in the County of San Bernardino,State of California: The East 127 feet of the North 60 feet of Block 2,Tract No. 1792,Homestead Tract,in the City of San Bernardino, County of San Bernardino,State of California,as per Plat recorded in Book 28 of Maps,Page 29,in the Office of the County Recorder of San Bernardino County. Date February 8,2013 afia..ke- t h ie Louise Grijalva be tr:owls r;d S �' j GPttifiied to e glnacnrre t ;ot STATE OF CALIFORNIA }S.S. y Suer tnc- s COUNTY OF .a1Zt'r l't fl'.v b } ' On, .1.1%i(5 ,before me, (J �- ( a S tatV Pul jc Notary Public,personally appeared 1 i •%.• • r i_ who proved to me on the basis of satisfactory evidence o be the person(s)whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)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 official s- ta, JODI CASTENADA �'' Commit 186832t ' r=• �( �r'NOTARY PUBIIC•CAIIFORNiA �_ (Seal) ...:.... s E C1k2Signahre am. r Nov. 2, 01I . ..... Mail Tax Statement to:SAME AS ABOVE or Address Noted Below ' . ' ^ '_-.,~~, ~� �~~' -.�`~^~-� ��� ?lad) P0 /4Dper47 � ~~- iirozokad_. -v-e. f.cun tborpArolito CIA _ Otone-6:(Jett aro tqi 00_ -t-ternardee„ _ F-6L457-5-tz-- h____Y__ffotte,nno`)._,_ _ 2013// LD00 IdoirO ap_h_c_741(u.pqrerA aaY t V ein46, nie24-6.14-,_Cina\tct) pp: * 11),WO 1014 /6 Lipsfauli, A/c//549-Lird rtoi,gge /aRsqvadei serwmi_i _ (IF removal _oho 4,60j4-- Or) 1k re eranel re p Ver+51,1)aci---. eMnrofecil 05//60 Pal-To aver 44.4)Q,_to:A -aas_ 6,J2t3ifilarol_refigr---kice jra (oah-lbavi resuaetc-c _ dieci6m/Pile /341, _..Sn:L ,, BricK ramoVa) 1-}lable,0_ 143.00r (dean 61,7_2) . . 6C) 20,97/7 7R._Throve, CaArf NO- t cioton5 .1 r5 _ wlacx Wt.40,0 neboTIte, 40 _ Ilbadotie v azod Sloitr ef sex) I.äZilthI I.---- enor aid _ eirj azo gth3gri 4)00/:( 5Gal,0)_ _21, _ _ n'at&el ilApagelA31- ~ - _ _ --__ -_�___--__--___----__--__--'__-__ ~-_ ~- �~~---__- _ - -_-__'__-' aim r) en or , r/4-7) / J-1-9,719 -_--____---_-__-_-_ -~-=__- ___-__--__-_- -con_-__ _-.~-_ __./~��_ _-_-�_ _-_-)_-____-_-_-_ - ___-__' 90i9j070 tippicecze ca( /19a---fixt/aPc ). �� _-~__ -------_._-_1 ' room_ _cola ----'-------------"~~ --=--- ------ ~--~---=-------' -- ---=~r ----/~~~~-`~~--------- 20,p0A/ _ ---------'-'-'-- ' - ---'-r---�------'-- . lAYLII - -- ' _ -- 0100,1a5 gran eous*ey; tut\A0614) ) uur irru\CereAn4- Pam . -itrafr.ed ___ 1619-0/di en v.,07041/4200 d i -:-Xl(a646,t46, Y4 7 celx?/ Mtiokold; / Ei-t, i-t-e c i irt/atio/w , &punt"; Crozeii . - eg2t: /eisi9 apii?Leaseces, i Sing_ lacP Id' D (/' _ gefia, furep„,, romp_ ar u, i vcA, _ _ iv ,avbie -- croud-rbuctlAtie, _reptakbz v -QAA-+ Lae),(WV.ii rroal_ / • (--A0 - 0 1 e er76/Dirin ' _ ric4Rmei7.-k k lie f ez, ei('-ic-i.:_ew-L?if/mkies. 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Imo^ � :;�_ County of San Bernardino ' r'`' .. .• , . )id �� Larry Walker • Auditor-Controller/Treasurer/Tax Collector k ' • 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92418,(909)387-8308 Mailed to ,°---" + * �r HERNANDEZ,JESSE www.MyTxxCollector.corn Y • 3098 N ARROWHEAD AVE • PROPERTY ASSESSMENT SAN BERNARDINOCA 92405 C, L " —7` m 11 t'_til,il !E �(Pftl:i,,10;..[ s Land 82288 ' Improvement Fixtures 104574 ' `' Improvement penalty Personal Property Personal Property Penalty O Parcel Number O Bill Number ()Tax Rate Area .()Total Tax Rate Homeowners Exemption - Other Exemptions J . 't'0 • 130047937 0007001 1.339400 156882 oa e';1! ...4M 1,41 I'tip,'I` ''"'v'.. Q First Instellniont Due TAX DISTRIBUTION AS OF JAN 01,2013 Service Agrncy ForinforrmiitionCall Amount- ORIJALVA,STEPHANIE LOUISE 1.01 20 a OENERAl't X Ii W 16e0.,e2 0 seco>,el lnstattment Due 'am BERN VECTOR'CONTROL 800-442-222B ¢82 SAN 8.00 COMM COLLEGE BOND 909-382.4022 '. X85 12 0 A,' i :-z.,, i„1• ?ti g 02-01401 $105351 SCHOOL BONDS' 909481-1184 i° c i' SCHOOL STATE REPAYMENT 211 7�8 3090NARROWHEADAVE SAB n Total 1 rY SSVAL:LEYMUNIWTR DDT SVC 9093879200 254190. Taxes Due lrj v. ..`' flR r,f j Make checks payable to SBC}Tax Collector ,0' ,t-�.'1,74, I r._yct"7si.', xN�t,tihyL; ik'.bi,:3c W x At: ..k?.Y,?;a:'r s k;',$ . TR NO 1792 HOLMSTEAO TR E 121 FT N SO PT BLK 2 O.Itnportafi# , 304 03 s;r, Y. ^° ': . , •. Para Informacidn de su facture de Impuestos de propieded en espanot, par favor visite www.00lecciondeimpuestos.com o llama al(909)3874308. KEEP THIS PORTION OP YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment Is delinquent If not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E—CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM • {k R I I .1 Su 1 ,1 no City of San Bernardino Mills Act Application Property Information 004T A/, /'zI�(�71�h�/, • ' . Property Address / ‘, APN: IS2 •- 2O3Q2.- • Owner LJ ' . 4,„.../ I Al '/ At. /.�/I Ail '% Owner Address `5(9 ! D Af‘. /r J/dD%ea/ 4 Owner Telephone Number:Daytime'1l oNign Evening 6)57557Q Icg E-Mail Address: ?55 1Ce /l VC-% Af ear) Us f Property(Residential or Commercial...please describe) rim, c ,&0chie. Solana ro Mills Act Application Checklist To apply for participation in the Mills Act Program, please submit the following: /Completed Application Form • Completed Ten-Year Plan for Property Improvement: The cost of each years projects should equal or exceed 50%of your last property tax bill. For example,if your property tax bill was$3000.00, each project should be estimated to cost$1500.00. //C Copy of Grant Deed with legal description of property /Copy of most recent property tax bill: Sample tax bill included in information pack. o $200.00 Non-Refundable Application Fee. If your property is not selected for the Mills Act your check will be returned to you. The documents listed above must be received by the Community Development office no later than: 5:30 P.M. Thursday, October 31, 2013 If you have any questions please call Community Development at 909-384-7276. 3aq B, no City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 3098 N.Arrowhead Ave San Bernardino,CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: / NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: 11 / 13 Was the homeowner contacted? k?-8 Commission Recommendation for Program: ailt / NO Commission Notes: 11,is h 6 w„e_ ;5 v e r-7 u.)41.4/1 nn..;,A. S •,.AA . 1::-V- u.(. S ass4.-lt 4-0 yv, Commissioner Name: Sc,.•vct,-,. C}�,��,�— ©`. u6.4.S Date: l/-1 13 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration ofa Mills Act contract. . Commissioner Signature: - Commissioner Contact Information: "0 05 -C,q l 7 8 + • ,i44l1 • Li BPxna inn City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 3098 N.Arrowhead Ave San Bernardino, CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: I '?a :2-0/..3 Was the homeowner contacted?. A)0 Commission Recommendation for Program: 4111P / NO Commission Notes: .` i . 4 . 1_A, %i... iii -4_ 1/ l/ "liZ":".e/V 01,4.4-w,1 r i, OC da0 00/4/ 0 ,..4 , , , •1 V Commissioner Name?).44 �, 59iL_ Date: / i 71 ),t3 As a representative the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . • Commissioner Signature: ,,!r,„.■,, r_ Z,. ,.•1 ,!-..164. ie nn.Rao ft Commissioner Contact I 'ormation: Jan,y sApa salt Bernardino,CA 92407 4d17nn ,c . ?.el_ //0A Yetho,U .ea»t • Meru ina City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 3098 N. Arrowhead Ave San Bernardino,CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: 1/- ,) —,13 Was the homeowner contacted? 1VP Commission Recommendation for Program: col NO Commission Notes: L , /t 2 7/1 I C kt,/ 5-p4-67.54 .74 idit P/mr) b rr s 1 Aq 7 eel m4/ /ea#74";OCt=' Commissioner Name:JY1cA,/à'c R /0/1 Date: /1-471— As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act prop am and certify that this property does. qualify for consideration of a Mills Act c•ntr>ct.// 41, Commissioner Signature: 1 ALP%.� Commissioner Contact Informal on: th7e (;) EfF,--ac5761:,› Lisa Sherrick From: James Smith<pgpJsmith @hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:SherrIckji@sbcity.org To: pgpJsmith @hotmail.com CC:Stewart_To @sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject:RE:Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions,please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office (909)384-7276 Fax(909)384-5080 www.sbcitv.or8 www.face book.com/sbcitvaov From:James Smith [mallto:Pgp_„jsmith@hotmall.com] Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgivingl My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To: aeadesign @verizon.net;vcorbel @hotmail.com;pgpJsmith @hotmail.com;joe @joearnett.com; 1 Lisa Sherrick From: suzearp©gmad.com on behalf of Suzie Earp<earps @csusb.edu> Sent: • Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and.told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Lina,sbcitv.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N.D Si. San Bernardino,CA 92418 Office(909)384-7276 Fax(909) 384-5080 www.sbcity.org www.facebook.com/sbcitygov 1 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of D e c emb e,r by and between the City of San Bernardino,a municipal corporation("City"),and Esmeralda and Miguel Osorio("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 728 N. Arrowhead Avenue, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 • 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Esmeralda and Miguel Osorio 728 North Arrowhead Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: y ! . 14 • • 9 l\c :n.QXI V ` Electronically Recorded In Official Records,County of San Bernardino 1/2sra012 • 12:56 PM RECORDING REQUESTED BY: 'sou DENNIS DRAEGER SG Orange Coast Title Company-Builder Services ASSESSOR-RECORDER-CLERK , p_r, 866 Orange Coast Title Co. WHEN RECORDED,MAIL TO: Doc#: 2012-0029886 Titles: 1: Pages; 2 Esmeralda Osorto Pees 28.00. 728 North• San Bemard ,,nos CA 92401 2401 Avenue illimilliti��I�I� other 209.00II PAID 237.00 . . ■ i ', 1. 4hIi, ) 'u , r I 't:r1 If, .. M; ORDE-''•.:1239707- • 1 ►• • 4c..! r a-CH TM 007006 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s)declare that the DOCUMENTARY TRANSFER TAX IS: $20941)County XX 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 Mowing reason FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged,Canterbury Lots 68,LLC - • HEREBY GRANT(S)to Esmeralda Osorio, a Single Woman and Miguel A. Osorio, a Single Man as Joint Tenants. . All that mat property situated In the City of San Bernardino,County of San Bernardino,State of California,described as: The legal description is attached hereto as Exhibit"A" • Dated:December 29,2011 STATE OF ""• ,• N I 1 iL .} � TY COUN O i' Canterbury Lots 88,LLC O ' �-�C ,before me, 7 • Isa` t,�I AIMI�l'. p�� .U a Notary Public, .w :..Aarcd �G.'e1'�ir . .1 I/> dy. By' `��—�► Richard B.Munkvold, CFO who • • e• :• mili on i e b : a satisfactory evidence to . be the person(s) whose name( ; are subscri ed to the • within Instrument and a owl:•'ed to me that; she/they ""�'""""""'"""" • executed the me I hi er/their authorized capaclty(ies), ;F,: .- HEATHER t..COR and that b,,(hl r/the r signature(s) on the Instrument the .. i Commission No. 1929588 person(s),t s e entity upon behalf of which the person(s) ."11b. T NOTARY PU UC.CA WFCOUNfA acted,executed the Instrument. +�-! Nycomm.EaFawcNSO,sata . I certify • •er ALT! OF PERJURY under the laws of - . the St: a of C: "•+!is that the foregoing paragraph is true ' and co •: I� WITNESS '?•?r'� •'ciat seal. . Signature _i�X.�. (SEAL) 't �i„4� all Tax Statements to: SAME AS ABOVE or Address Noted.Betaw f-vticAcleivn,nf Exhibit"C" &an ire Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 P im .4 . 3000. 0 0 Year 2 If/0 or/'kJ / /;h f w 1 co ,/ 18.00. 0 0 Year 3 ro . 07 A. ict 9000. 00 Year 4 c-ke-n rcnioo/s. / (0000. 6° Year 5 [p e it o JA Ato boo. 0 v Year 6 c.f.A. (.' - m p.a 44".1 /A- A onJK. 49,00o. O v Year 7 for, As,: id dr t p/itc c. 3000. O Year 8 o- �h "vow? / pa,'rs. dx,00. 0 O Year 9 .S ctan 4 ao04. 0 (i Year 10 / O� (241-0411/i uy /0 h- loor g00°. d *See attached list of p't5tential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. / ' 4 Sall e inn City of San Bernardino Mills Act Application Property Information Property Address la? . /a.r rot.J k , . f A V APN: • - -- o c. r - < - b - 4,0 a - gj- 00 7e) Owner £5th.or cc[ck o� "(fl i 7 c...cJ C 5 e r� D Owner Address 7,249 rJ 14 r foL) .f,..d 4 Owner Telephone Number: Daytime Evening 5'0 9-??7 —30 6, 7 E-Mail Address: m r-cx do, 0 so r co $lif Q Q Use of Property(Residential or Commercial...please describe) �.�s r a 1 '`..4» 'q�jt t tk'.• y'f e ,i< t R , ai R sil 7""i . ' . {:. S r ' C w • n f. , : ,�.' f . t . • f T tt :,K' )f f sill f `r , i',,,14.,,'. '" •' s County of San Bernardino , Larry Walker • Auditor-Controller/Treasurer/Tax Collector • • 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street.San Bernardino,CA 92416,(909)387-8308 Mailed to OSOR10,ESMERALDA www.MyTaxCollector.com • 728 N ARROWHEAD AVE PROPERTY ASSESSMENT CNTL ,,2eaiq SAN BERNARDINO CA 92401 Y®,, E ' ;i. z. I; `� ''� Land 8,140 Improvement Fixtures 136660 { ' Improvement Penalty IQ`�+x -.X .'; Personal Property s.-4�Is.•l • Personal Property Penalty 0Parc.eIN I umber 0 Rill Numl;r,-rr 0Tax Rate Area 0 Total Tax Rate H.o,m,e ownereExem P t tion 1 i :! 0l hg Et x 18 cRs : f r r 1r i, c,} ioo28926.� ....�no7o06 ._ — .�. .--. _ wx '' 9, r , ' " a. , u :i' • ; .. -',,. 193800 .01,i.l rIS.�*, Cali 1), �u,!):.'Er,;i? OFirst lnstallrnent Du' TAX DISTRIBUTION • AS OF JAN 01,2013 m u;'Servi Aclency lot Information Call Ar fount OSORIO,ESMERALDA 11-01-2013 "$1300.69 • GENERALT r - ;, / t F' ' .• CO OSORIO,MIGUELA msr=concl installment Lim' `&ANbERN VECTOR CON7ROL - x � � ci0•Wi i MCC'COMINaitfidE60N0-` 1>00.9a4460. � ' Oi.' , I1,Crl,;:' 114'S. 1,.,,, }rta��nc SCHOOLB0608 $09-981=1161 r, , 02-01-2014 $1,300.68 SCHOOL STATE REPAYMENT `r1 f IIO, 728 N ARROWHEAD SAB 11 Total S8 VALLEYMUNI WTA MIT Set 90938749300 -i,y,6 a�r$�# . Taxes Due 'w t"1;:, , . Make oheoks payable to SBC Tax Collector tat 414.{T.;" .( 1,• g}5 ;.. 3 f,;F1fa i_? 1-.•i'.;n i .: ,,,, • CITY COM SOFT 8OPNE00R LOT 1BM51THW187.1FTTHP.66.8PTTHE167APT ., , TH TOP•B , *}i�y}� l i 1S 5 1 Para Informaoldn do au factura do Impuestos de propladad en eapaiwl, por favor visite www.00leootondelmpuestos.00m o(lame al(908)3874308. KEEP THIS PORTION OF YOUR TAX BILL Pk ----First-Installment __,...__-.-_ ---._ _.... Second Installment is delinquent If not paid by 04-10-2014 • MEMO) COPY ONLY . . • PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY- .. YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM x„ti x, i F 1 i (; > ri,t /+ , • .-. 1 1 i _ C u irk s3 County of San Bernardino • • Larry Walker • Auditor-Controller/Treasurer/fax Colloc:tor 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,GA 92415,(909)387-8308 Mailed to _____ ._—__._.._�__..._-------..___.,___.___... OSORIO,ESMERALDA www.MVlyTaxCollector.com • 728 N ARROWHEAD AVE PROPERTY ASSESSMENT „ SAN BERNARDINO CA 92401 • Land 416 Improvement Fixtures • improversment opPely`nalty+u� , Personal Prer ra , Personal Property Penalty .. OParrclNumbrr ©P tit Number ()TexlleU.Area O'Intel Ten Rat(' Homeowners Exemption •. I er.EXInp •;.. s .• ,V; ... •130026936_ _. . ' 4162 .O'r r` ix,+ ,`l 1 '.-C;), 031:?4 01st inaallmt'nt Duo TAX DISTRIBUTION • . AS OF JAN 01,2013 0 Corvice Agoncy Forinfonrr<ttionCall Amount OSORIO,ESMERALDA • 11.01.2013 GENERAL TAX LEVY ✓ 1�"C;:; CO OSORIO MIGUELA O' ,ci it In;tallntent Duc. 1501BEHNVEOTQRCONTROL R28 & sMiF o 3O COMMMCOLLEOEEOND 908.3$2.402 1 X74 02-01-2014 $28.51 -SCHOOL BONS 909481 1164 #C':t r � SCHOOL STATE REPAYMENT. 0 Total SBVAU.EY MUNI WTR DBT SVC 9081387 920Q ? t + S,y {s�} r7�s; Taxes Due • Make*hacks payable to 8130 Tax Collector 3t -i�c - .. OITyPM LOTS it A Noa ENO 78.6pYS AND 187.5FTWOFNECOR tor I au(61W } s r 0 • Pare Informacidn de au facture de Impuestoe de propiedad en espariol, 53� t•ft�4 xz por favor visite www.00lecolondelmpueetos.com o(lame al 009)387-830E. KEEP THIS PORTION OF YOUR TAX BILL tc •Inetallment-is-dellnquent-if-not•paid-by-•__-.1.2-.10.2013- .-._.-.. Seoond Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT,CARD AT WWW.MYTAXCOLLECTOR.COM • • ¢ 13'�L e ucurak kf ,1 4 ii f tj1 /../ ..�„ *.^,t•r'' .�.�: l 'lk� !�' , �5�,3 'C '1191��', i �.} Ka +•c ' 4'i '<Ty\171.7 v_t+7, '^` �'.`x County of San Bernardino Larry Waller Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 Mailed to OSORIO,ESMERALDA www.MyTaxCollector.com 728 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92401 NTL i ..." I:'. ' 859 Land provement Fixtures Improvement Penalty • R r Personal Property : }� �sdltJ Personal Property Penalty OP.ni lNnmbcr ©tii{INumber ©Tax Rate Area O1otaiTaxRate Homeowners Exemption r y8 x _ U1har Exemptions: 1 i 4 4. . Y • 13002699.5._ 0007006, _ _.. x.339400_._. } + .- ._ 869 ( 01 Li In'.tdllinent[sue TAX DISTRIBUTION • AS OF JAN 01,2013 O)Srarvicr:.Agency For Information Call Amount OSORIO,ESMERALDA 11.01-2013 GENERAL TAX LEVY N z '• CO OSORIO,MIGUEL A tf�Sc(mild llistallinunt Doc 'SAN BERN VEC7ARCONTROL $00-1422 SAN EtIM COMM COL EOE 80tvo * O SCHOOL BONDS 90-.1`814*84 3! 02.01-2014 SCH00L:STATE REPAYMENT 't , Ob • 1 t Total 38 VALLEY MtJNI YVTR D8T SVC 909-387-9200 !),39 Taxer)Due Make checks payable to SBC Tax Collector( :o. 1�lni<� 7 i`Ili +it; R?}a ire ;S�xa ;'1 T, fr typ _ erpri �. yr y Orr(911FTN117.8FT61401TLOT18LK61 UNDUE 1NT • 0 ;I • Para lnformeoidn de su feature de Impuestos de propledad en e.panol, por favor vieite www.colecdondelmpuestOa.00m o Items at(909)3874308. KEEP THIS PORTION OF YOUR TAX BILL .; r 4 -,-----F1ret4neteIIment-(e delinquent 11-not{peid-by Second Installment Is delinquent If not paid by 04.10-2014 • MEMO COPYONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM �, ,{ y rr�t fi .& City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: j/-1 J Q I? Was the homeowner contacted? A/.� Commission Recommendation for Program: YES NO Commission Notes: Att.t - // t1 '� / ` I, r G "r/ I ' , L /I L frif,4-h pi 1/ors cwti/4J Commissioner Name: ))j C j /4 5'V 1 `a ate: j 7 / r'/...? As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act ■ •y am, and certify that this property does qualify for consideration of a Mills c e tr•,%: le I -..-°, i4 Commissioner Signature: ., Commissioner Contact Information: CL°iA '-' ' '''79 / 3 7 ?,Z. 4"le'i.' 1 9 F-7-0`5`x? $�1 r no City of San Bernardino Mills Act. Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino,CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: IP / NO Owner Telephone -Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: 004, L5, g o l 3 Was the homeowner contacted? .)C) Commission Recommendation for Program: / NO Commission Notes:__AA, L c n3 se . 4 �,, t 4-a ;" Commissioner.Name: Ste„ ,, 423,0 -O[ ct,s Dater l-l -1.,,3 As a representative of the Historical Preservation. Commission, I havee reviewed understand the criteria of the Mills Act program; and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ,,ge, 4„. Commissioner Contact Information: °/ - )©S-Ca (/( 1 Sank .; IUQ City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino,CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: YES / NO OwnerTelephone Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: i ekyzr ! 7 t -'13 Was the homeowner contacted? /0 0 Commission Recommendation for Program: iii, / NO , Commission Notes: , , -., _ `C? . ' /-A. �4- i q `f�, Date: 1/ L 2 ' e4 I3 Commissioner Name: ,.��.�� �� As a representative f the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ..0- , yl e. .2'f, 11' r � ,.....te.aui RaI --P4-9t24.--' Commissioner Contact Info ation: C\ san Bernardino,er n . ,.../dhnnie . r-4,46,A e `ec.A0o icon? Lisa Sherrick • From: James Smith<pgpjsmith @hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrlck_Li@sbcity.org To: pgpjsmith @hotmail.com CC:Stewart To @sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick • Administrative Analyst II,Community Development City of San Bernardino 300 N.D St. San Bernardino,CA 92418 Office(909)384-7276 Fax,(909)384-5080 www.sbcitv.or- www.facebook,com/sbcitvRov ... From: James Smith tmailto:pgp jsmith @hotmail.comj __ • Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To:aeadesign @verizon.net;vcorbel @hotmail.com; pgpjsmith @hotmail.com;joe @joearnett.com; 1 Lisa Sherrick (From: suzearp @gmail.com on behalf of Suzie Earp<earps©csusb.edu> Sent: Wednesday, November 20,2013'10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves. The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings, Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li(a,sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov i 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,l 6th day of D e c emb e by and between the City of San Bernardino,a municipal corporation("City"),and Maria and Jose Covarrubias("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 829 N. Mayfield Avenue, 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. 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Maria and Jose Covarrubias 829 North Mayfield Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: 41) 9 . _ Pv\-\ctonnavIt Recorded In Official Records,County of San Bernardino 8/01/2000 ' ,r,; LARRY WALKER 3:57 PM f ..' AuditorlConlroller — Recorder 68J 21e. P Counter degfnalallasia Return to: �` TransContinental Title Co. Doc#/: 2006--0523792 Titles: 1 Rages: 4 4033 Tampa Rd Suite 101 101111111111111 Fees 1s.00 Oldsmar, FL 34677 • Taxes 0.00 900-225-7807 Other 0.e0 PAID sts:0a digatillingauld mail tax statements to: JOSE P.COVARRUBIAS 829 N MAYFIELD AVE SAN BERNARDINO, CA 92401 Property Tax ID#:0140-213-17-0-000 n DOCUMENTARY TRANSFER TAX$ V Computed on full value of property conveyed,or computed of full value less liens&encumbrances remaining at time of sale I r j ) Signature of Decla r gent O determining tax l✓ •-this i5 a kao640ofide and +1-'e Quit Claim cgankor ed n'+I;n� i r, } re}urtp, R dT 1 1cj 1 1." Made this IdT� day of y , ,9 ,by and between JOSE P. COVARRUBIAS, Married To, MARIA COVARRUB S, Grantor, and irJOSE P. COVARRUBIAS, a married person, MARIA. COVARRUBIAS, a married perso , EDUARDO COVARRUBIAS, a single person, Joint Tenants w/ rights of survivorship whose post office address is 829 N HAYFIELD AVE, SAN BERNARDINO, CA 92401,Grantee; uu Sikv+d son Witnesseth,that said Grantor,for in consideration of the sum of TEN($10.00)DOLLARS,and other good and valuable • considerations in hand paid by Grantee,the receipt whereof is hereby acknowledged,does hereby remise,release and quitclaim unto the said Grantee forever,all the right,title,interest,claim and demand which the said Grantor has in and to the following described lot,piece or parcel of land,situate,lying and being in SAN BERNARDINO County,California, to-wit: "SEE COMPLETE LEGAL ATTACHED AS • • • EXHIBIT"A"INCLUDED HEREWITH AND MADE A PART HEREOF" To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of the said Grantor,either in law or in equity,to the only proper use,benefit and behalf of the said Grantee forever. . .11... „ " ` , CtC YvtQ ti— Exhibit"C" Sale mo. Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 f L'A) '4 o w4- 5,'cL l oO. d 0 Year 2 tPcL L r, RC3-© tc /66a, 0 Year 3 _ ter g_t. Pa. r- g®°.4 v Year 4 ea.riJ.4 s LSO a, 0 0 Year 5 . -1)4 r. 4. RI c! 600,0 O Year 6 2I ec A r i c0.I lest r-e. _3000.0 O Year 7 0-a.r. crq-e. 0oo r . 500.vv Year 8 /-( - , Gc.A3 ,` - . 1500.0 C Year 9 fc...rm6 i aJor de c3.i/ S`' I5d0.00 Year 10 /COO, Od Q.50 0l 1 5 � r �e.��i r *See attached list of potential pr jects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. c1, hide mu City of San Bernardino Mills Act Application Prope Information Property Address WO- 9 /144:1.3 cr• d APN: 0 l LI 9,1 3 - 1 ? —O - 00C> Owner C..� /� - ` - �_------- o s 5 Owner Address ,l 0, A9 , a, j .Q, q Owner Telephone Number:Daytime '1 19-as a-cq63Evening 'O`j—a L( - ?O7.7 E-Mail Address: Use of Property(Residential or Commercial...please describe) � eS1 e1arJ# a.. 1 • • FP . ,• ; it w\'4 1 fyHr• , ; y 4 ,- #/, l + .,Fi r`,r . .i., .4 ` i ,T,e ,f ,, —141.. ..+(F v � ! P = Ix i V t . ? � k �W `,•tiR • 1:.1., S ! I• 17. � c I', f t r ', E ■ , +5 .fi g 1s County of San Bernardino > > sk'' ns , � Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL • FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)3137.8308 COVARRUBIAS,JOSE P www.MyTaxCollector.corn 829 N MAYFIELD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 924018 C TL 0029823 L® e?,it.�.al,Ixl Pa"'S:{Ff�j " JE`i�'Lk l 7q j'. T ^�.y,_•ti f - �,v.a�t'�`,�:fJ�'l4sl"rS:..�.�wys�`f� !N i t.h ?.PLO..:,.:tf 4-1Yt },ni;tkl Land 31000 • Improvement Fixtures 71000 Improvement Penalty Personal Property LOP<ircelNwnhr 'Q Sill NuMber ©Tax Rate Area"0.Total Tax Rate Personal Property Penalty Homeowners Exemption 7000 ' ,1 A• lg&'rt'+ 130026707 0007012 1.339400 j Other Exemptions ::hill VE i 95000 ®Owner(s)of Record °First Installment Due TAX DISTRIBUTION • AS OF JAN 01,2013 0-Service Agency 1.0y lnfbrn `ti COVARRUBIAS,JOSE P 11-01-2013 $639.03 A 9 C fl;, { A950 00r tj GENERAL TAX LEVY CO COVARRUBIAS,MARIA(SP-JOSE) OSecond Installment Due 'SAN BERN VECTOR CONTROL 950 00 CO Property BONO COMM COLLEGE BOND 909-382-4022 5.82 (Property Address. 02-01-2014 $639.01 SCHOOL BONDS 28.25 829 N MAYFIELD AVE SAD ,,,...7.5,,,,,-.42,,,,:1,,,,',,,'.c 1r,j SCHOOL STATE REPAYMENT 9� t 1164 128.00 11 Toter it h,its N j jj y i. BB VALLEY MUNI WTR CST SVC 909-387-9200 .37 Taxes Duo fy,,, �z it, 154.37 Make checks payable io SBC Tax Collector 0Legal Description CITY S50FTW 1/2 LOT 8BLK82EXST I®important Messages Para informacibn de su facture de impuestos de propleded en espanol, por favor visite www.colecciondeimpuestos.com o(lams al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04.10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM CALIFORNIA ALL-PURPOSE 11 CERTIFICATE OF ACKNOWLEDGMENT llv/?/C• State of ) County of inarddf/l v (&W � ) • 1 On rJ14/d / , , ' before me, me (/�G�/�/4 JID `1 �!/<9�/G , (here insert name and'title of the off •r)/� ' personally appeared c_J b&, ? (_.0 U�?/7Ub/o 5'1 /U ai 0 &jl/Ofrb16/!/..5 peFssna}{p- u.to-me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)•stare subscribed to the within instrument and acknowledged to me that 1%141e/they executed the same in hill tec/their authorized capacity(ies), and that by hisl her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 1'l E' £ CODIIt,A • � 11�r 4z COMM. 111859039 g` (s 7 Notary Public•California o �' �--t r San Bernardino Countyy �� �9Q \ ,I /M Comm.E res Mar,13 2009 •S gnature of Notary Public (Seal) I • ‘Nwirasaisim6 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception Is if a Lq,, / /t.n document is to be recorded outside of California.In such instances,any alternative • // c i acknowledgment verbiage as may be printed on such a document so long as the ( itle or description of attached document) verbiage does not regaite the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer).Please check the i I (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if repined.i • State and County information must be the State and County where the document l Number of Pages Document • Date Q7 signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which ` must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. heishehMy—is Ira)or circling the correct forms.Failure to correctly indicate this ❑ individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ 'Partner(s) the county clerk. ❑ Attorney-in-Fact v Additional information is not required but could help to ensure this 1 ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 0 Indicate title or type of attached document,number of pages and date. ❑ Other ' •) Indicate the capacity claimed by the signer.If the claimed capacity h a corporate officer,Indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CA PA v12.10.05 0 by AuOCiriOn ofRunxi•nl Nouns&CIA 1100473416$ www.natarycl•tra awn • San scl AN City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 829 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: 1/`/ O r / 7 Was the homeowner contacted? Ak, Commission Recommendation for Program: NO Commission Notes: / h l'i a � J /7 I 19 e -,0 A 1 - 1 ...0 p )14,vse . ky-> / ) rte - / v‘ ke, pl ii -C-11-elei Commissioner Name: / i 61 .. L ate: As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act progra , a , certify that this property does qualify for consideration of a Mills Act ,• ,f // / Commissioner Signature: / r A.A- Commissioner Contact Information: Ce /11- / 7 9r 7 ,"-3 7,:? ) ve '561 Salm to City of San Bernardino Mills.Act Historical Preservation Commission Recommendation Property Address: 829 N. Mayfield Ave. San Bernardino,CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: agli / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: 1/4_0 ;11 !v 1-- taR. 1r? o 4-,v0 a, © 14,_�.S r to 4_, 4- , A • e..) •t Commissioner Name: ,T,2 9 Sr e,.• a '0 s Date: If-Is -13 As a representative of the Historical Preservation. Commission,. I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ,. cam... —o Commissioner Contact Information: g o 4117 ►AllIrniIno , City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 829 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: IIV e/Vsemtlx.i. 1 7 f e�LP 13 _ Was the homeowner contacted? 0# Commission Recommendation for Program: 42, / NO /n Commission Notes: P<<4,/i_,,i, i.,. ..i . , !../ '., . .. . / ,/1 . , ,I ,i.11 0, 1 . , I L. Al , e,, i4 J ., Commissioner Name: p/j t., „4,714,1 ep, Date:. I/ �, GI/3 As a representative f the Historical Preservation Commission, I have reviewed . understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: 7sz-a&_- Juhnnle f Commissioner Contact Inrmation \\ R9W. $h att Sian Bernardiiw,CA 92407 ..dun;* ,roc 1pA € Ya.hoo, eon) Lisa Sherrick From: James Smith<pgpJsmith@hotmail.com> Sent: Tuesday,November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Ll@sbcity.org To: pgpjsmith @hotmail.com CC:Stewart_To@sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted Individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N.D St. San Bernardino,CA 92418 Office(909)384-7276 Fax.(909)384-5080 www.sbcitv.org www.facebook.com/sbcitvgov From James Smith [maiito:pgpJsmflh @hotmall.com] i. Sent: Saturday,.November 16, 2013.8:46 AM To: Lisa Sherrick • Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house.Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To:aeadesign @verizon.net;vcorbel @hotmail.com; pgp_,jsmith @hotmail.com;joe @joearnett.com; 1 Lea Sherrick From: suzearp©gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: Wednesday,November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW:Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him ' about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li @,sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick • Administrative Analyst II, Community Development City of San Bernardino 300N.DSt. San Bernardino, CA 92418 Office(909)384-7276 Fax(909)384-5080, www.sbcity.org www.facebook.com/sbeitygov i 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,l6th day of December , by and between the City of San Bernardino, a municipal corporation("City"), and Raymond and Lori Cain("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 3058 Serrano Road, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Raymond and Lori Cain 3058 Serrano Road 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 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: Ali 9 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,16th day of Decembe; by and between the City of San Bernardino, a municipal corporation("City"),and Jo E. Thomas("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 2788 N. Mountain View Avenue, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Jo E. Thomas 2788 North Mountain View 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 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: • 9 FIRST M>,. ,ts :;e TITLE .P .Wac\firib24- RECORDING REQUESTED BY: AND WHEIi RE V MAIL TO: Jo E.Tlit�" 2788 N.Mountain View Avenue San Bernardino,CA 92405 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED ASSESSOR'S PARCEL NO.:0150-122-16 The undersigned Grantor(s)declare that the DOCUMENT TRANSFER TAX IS:cab TITLE ORDER NO.:43505 ESCROW NO.:1 101-SL —computed on the Mil 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:gift FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,Larry E.Eberly,a single man hereby GRANT(S)to Jo E.Thomas,an unmarried woman all that reel property situated In the city of San Bernardino,County of San Bernardino, State of CA,described as: Lot 29, Block 6, of OTract No. Arrowhead Park Unit No. 1, in the City of San Bernardino, County of San Bernardino, State of California,as per map recorded is Book 24,page 41,of Maps,in the office of the County Recorder of said County. Dated October 11,2006 State°fG l / County of l ►N NOM �#lfit.. ((( on ,Before me uft;ASt�Ct>dt Ai ) Larry E.Eberly / Persone8yappeared Likesti praally iwsto me or p aved to me on the bade of sativthctoiy evidence)to be the person whose na re subscribed to the within instrument and achoowledged to me that they executed the came in Vihcntheir authorized capacity(44 and that by LEAtiIING MEDINA • signeture'on the instrument the pesson(fif or the entity upon behalf of which iT�� Commission 1464518 thepemonp6acted,muted the inslnunent. ?F. :°: �r Notary Publle-Cantor*: K214i) San Berardino County GSS my hand, seal MyComm.ExplresJon20,2008 Walir-4_10greR",2 (This area for official notary seal) MAIL MENTS TO: Jo E.Thomas 2788 N.Mtn.View Avenue 'tan Bernardino,CA 92405 e FIRST SST AMERICAN L " Eloctronic lly Recorded in Official Records,County of San Bernardino 11120!1608 01:11 Pf►1 RECORDING.REQU . ` ;: - LARRY WALKER AuditorlController•Recorder FIRST AMERICAN TITLE 707 First American Title Company WHEN RECORDED MAIL.TO: Doc#: 2006.0790001 Tines: 1 Pages: 2 Face WM Jo E. Thomas Te�oe 00 2788 N. Mountain View Ave Texa 000 San Bernardino, CA 92405 PT-43505 Escrow No. 1101-SL APN 0150-122-16 GRANT DEED (Title of Document) • • TITLE ORDER NO PT. 43505 MAIL TAX STATEMENTS TO ADDRESS ABOVE • AlcA6levt_on-i- Exhibit"C" Sad it Mills Act Program Ten-Year Rehabilitation Plan • City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 /1 009-.41•0_c -4 - � 4o •/as Year 2 # ..! /two , I 1io • c a e, :LOA e Year 3 avejo%. /�.. 40. 7414 j Year 4 de face.. h e-le. e.Gt4�.��t r Year 5 � -r�t�+�� dYt 11,01"4.6 ' 9, e� Year 6 � ��d Reptom, •w ., d6�S /a Year 7 ..S"./c1 i ; Year 8� •.,�, ',,. a z� plD Year 9 g' ' v13 t�e. �u -1/LX . e-0 Year 10 IL �oc� oo Z4 „/. *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savinus. Retain copies of all receipts and permits for submittal with the required annual reports. r ,•e x ..t, 4 r3 • ',, , 'ti Jry t 4 t Tr S,� °;,y� { }. Yri._., �1 4 ,i gg . *#ate ,..„;;',4 I f tx pj,A K . g ♦t T 'S 'a Y( ` +.E, 4,a M1 111:1010T. to� �,�.:.#�� �'. r Sit, J� t r.,}� `�� ^'�.r'�fiti°7 C t t;s •�"'� a.; .i ' . ,,;� f :f 4,!,‘,..:,e,./.),.. 47j :,." 81 vi H\ta :. N l,:mill lV'7i if fff„_ l 1 1 1� ,,',� - ' —' ',J County of San Bernardino' ' ; ' • °. t ': ' Larry Walker • Auditor-Controller/Treasurer/Tax Collector '' ' ..,•,, • s r 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 Mailed to THOMAS,JO E www,MyTaxCollector.com 2788 N MTN VIEW AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92405 r® +,, ;41 tl,:;ri Al t r;:1 bi+I,kRuJ r r- Land 29000 Improvement FIxtures 89000 Improvement Penalty Personal Property . Personal Property Penalty 0 Parcel Number 06iiiNumber OTax Rate Area OTotal Tax Rate HomeriwninsExemption t 4 Other Exerr;Ptiona ,F ,,(e0/.1;,4;1::01,0";4:1'1.11 130044143 . 0007001 . 1.339400 98000 10.1*. er(s)pf:Record!•• 0 Flrst lnsta4Iment Due TAX DISTRIBUTION m Service Agency For Information Call Amour• AS OF JAN 01,2013 , OENEfLTAXy 930 00 THOMAS,JO E • e)Seuind Installment Due l '81.∎NeERtI VECTOR CONTROL ... . 800.442.2283 5 02 SAN 9DN0 COMM COLLOB BONA 909.aez 40?2 41 00• 6 ril �rtyl�' dtaSd ' 02.01-2014 SCHOOL BONDS 9090991-1184 132:90 � . . . ” {* h"7 SCHOOL STATE REPAYMENT 0 2788 N MTN VIEW AVE 988 11 Total i'-.1-..,„ :',V-1,1 ,,••t .� t-';'i S9 VALLEY MUNI'.WTR DOT SVC 9093874200 1S9,28 Tame Due 2bA v.�vA�.Rt 1('., •, Make checks payable to 13130 Tax Collector ®L 441;gescription :, . TRAOT ARROWHEAD LOT 20 BLOOM)ARROWHEAD PARK UNIT NO I 10(110101nt.r,,Olif44? ,. , •5 '{ J Para InformaciSn de au facture de impuestos de propledad an espa►ol, • por favor Wake www.o01ecclonde mpuestoLcom o llama al(909)3874308. KEEP THIS PORTION OF YOUR TAX DILL • . First Installment is delinquent If not paid by 12-10-2013 • Second Installment Is delinquent If not paid by 04.10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM • • r1l ha MI City of San Bernardino Mills Act Application Property Information Property Address 7 r? A). i'!O am 441 v 1 &i Acife.-' c ct3 '-40-x4„1.tiz 9ca,ios APN: O 1.5© w / 02 —/(o Owner o a. 777 0illairg Owner Address Owner Telephone Number:Daytime 9576'33-cP`i'Evening. Saw! e. T E-Mail Address: m - 'e d' • T - f Property(Residential nr Cnmmercial. .ple:se describe) .• l l 11 411 hp Beni, I inn City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 2788 N.Mountain View Ave. San Bernardino, CA 92405 Owner: Jo E. Thomas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of Inspection/Windshield Survey: // / '- Was the homeowner contacted? )\)IP Commission Recommendation for Program: YES NO Commission Notes: Commissioner Name: A !% /J,r 'l Date://—/E As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act con, cty /Jl�►` Commissioner Signature: � iii // �_ - , Commissioner Contact Information: Q 44.00, i► /�-- .► Saiillens um City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 2788 N. Mountain View Ave. San Bernardino,CA 92405 ' Owner: Jo E. Thomas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of Inspection/Windshield Survey: /OrAWAItio-e,Y /?i ,‘,;Lei Was the homeowner contacted? /UO Commission Recommendation for Program: 60 / NO Commission Notes: '~"„ 44'. ' . J , wiNlimiiffil/FAiggipir /I 4.4.-". "i'.1 /-.L . :i 4r., . :4. ., 4 r .. ..,,.% A_• . 4..f ..!_I,_ Commissioner Name: f ..24,11 / Date: ////71J3 As a representative 'of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ../, :aii '.e- 4; /4 ' !*..i T. Jainnie Ann Rall►Fi. Commissioner Contact In ormatigny 825 W.Sheridan Relay( San Benmrdfno, CA 92407 II— 9047- Z 1/ 7 ,dh n n ia. . /p/ a Va.Aco,, c a al 7,t p "' 'A`� San WI I i0 City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 2788 N. Mountain View Ave. San Bernardino,CA 92405 Owner: Jo E.Thomas In Reconnaissance Report:'a / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of Inspection/Windshield Survey: 3 Was the homeowner contacted? yV-O Commission Recommendation for Program: es / NO Commission Notes: C , * o i.c-ca • • • .` • ., .!< L4- ( s OiJ cVi r e, Commissioner Name: Sci,,,c r,. — Date: / 3 As a representative of the Historical Preservation. Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does quali y for consideration of a Mills Act contract. . Commissioner Signature: Commissioner Contact Information: ` CJ�1- U S Co Li / '7 Lisa Sherrick suzearp©gmail.com on behalf of Suzie Earp<earps©csusb.edu> Sent: Wednesday,November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW:Mills Act Commissioner Recommendations Hi Lisa, • I.have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li(ci sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, If you have any questions or concerns please let me know. Lisa A. Sherrick • Administrative Analyst II, Community Development • City of San Bernardino. • 300 N.D St.. San Bernardino, CA 92418 Office(909) 384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.comisbcitygov, 1 Lisa Sherrick From: James Smith<pgpjsmith(�hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To:. Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Li @sbclty.org To:pgpjsmith @hotmail.com CC:Stewart_To@sbcity.org Date: Mon,18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Hi,Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitvaov From:James Smith [mailto:pgpJsmith @hotmail.com} • Sent: Saturday, November 16, 2013.8:46 AM • To::Lisa Sherrick Subject RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving) My wife and I will be out of the country until November 23rd. Tnx,, Jim Smith Member, City of San Bernardino Historical Preservation Commission From:Sherrick_LI @sbcity.org To: aeadesign@verlzon.net;vcorbel @hotmall.com; pgprjsmith @hotmail.com;joe@joearnett.com; 1 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of December by and between the City of San Bernardino,a municipal corporation("City"),and Maricela Alberto("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 835 N. Mayfield Avenue, 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 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 16, 2013 ("Effective Date") and shall remain in effect fora 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 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 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 County Assessor, the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Maricela Alberto 835 North Mayfield Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: • 9 Recorded In 01Bclal Records,County of San Bernardino 4110/2007 . - ._______ tYCIAOAY*2-0 Pt '� 'gip;; LARRY WALKER 8:00 AM ` AuditorJControllar — Recorder EM RECORDING REQUESTED BY: SOUTHL.AND TITLE COMPANY y�„ 602 Southland Title of San Diego r AND WHEN RECORDED MAIL TO: I?OCt`!!: 2007-0216005 Titles: 1 Pages: 2 Maricela Gtron Alberto Fe9e 5.00 835 N Mayfield Ave Taxes 0.00 San Bernardino,CA 92401 Other 8.00 A.P.N.: 0140-213.18.0.000 prate se.ee Order No.: 37352321 11111111111111/111 Escrow No.: SCV756147•CA SPACE ABOVE THIS LINE IS FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S) DOCUMENTARY TRANSFER TAX IS$0 CITY TAX IS$0 () Computed on full value of property conveyed,or () Computed on full value less value of liens or encumbrances remaining at time of sale () Unincorporated area: (X) City of San Bernardino FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged who ac wledged uired title as Maricela Maricela Giron Alberto,a married woman as her sole and separate property q Giron,a married woman as her sole and separate property hereby remise,release and forever quitclaim to Maricela Glron Alberto,a married woman as her sole and separate property the following described property,In the County of San Bernardino,State of California. See Exhibit"A"attached hereto and made a part hereof. Dated: March 28,2007 STATE OF CALIFQ�NIA l , a } SS. COUNTY OF JJ�� Q2 j<���'r L/ �. On O? before •a icela Giron Alberto M8 ► a Notary Public,personally appeared �, •i : [ JAMES RENSERLA personally known to me (or proved to me on the basis of 1 Commission•1473544 *, ;.,;Js Notary Public•California yt- San Dlego County satisfactory evidence) to be the person(1) whose name($) :1113, omm.ExplrsaJun9,Z010 Fare subscribed to the within Instrument and acknowledged mn ` to me that hetehey executed the same in hisO/their authorized capacity()and that by his( their sIgnature(y) on the Instrument the person .),or the entity upon behalf of (This Area for Notary Seal Only) which the person),acted,e/ecuted the instrument. WITNESS my hand ens o lel seal. Signature laii :+r'a re of Notary / MAIL.TAX STATEMENTS AS DIRECTED ABOVE "• }r ORDER NO. 37352321 EXHIBIT"A" That of California,pa of 1_pers) 8 r clack 62,Bo k�Piage(s)1, of Maps` inl t e office of the Bernardino. Re ordeer of San of said County. Described as follows Commencing at a point 25 feet East of a point 50a d formerly owned by Mrs Northwest corner f said Lot 8; Com East 124 feet to the West line o point of beginning thence running South 50 feet; thence West 124 feet; thence North 50 feet tot the p • • 3 P\.\-VeAdi Exhibit"C" San Be mu Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 0 u-l--s,,c . t s 0 0, CIO Year 2 Po,..vo 4-- it s /cSo o. O Year 3 i -VcLeoJ c‘- ‘)-e:1-S 8000,O 0 Year 4 1.00r /0000. 00 Year S o 124_0' 7 o0O. O Year6 7e cry, pie. Leee. rS god.0 0 Year 7 rJ S cti t 0L-4 c} ( C_) /0040,0 O Year 8 }} 6u,,) e-rr--S 6v. 0 0 Year 9 . . •4 IN) • s-Qru .060. O Year 10 Pd're `n P.,eA0 k-ef i f 1 *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. , t,,ofi,4,evi,„3-,-.1is ,- '''' ..,vvie,,,,,.,,-.0.1C A t '::`,'• 1/4:<?,:1;9,-;..'-‘,,,,t," ' , 0- . -,..1. , ,4r,sq4,K, is ,,::: 2 875car"....0 .:....„.4: fIt' I Ki\ ,,sI '.`:- .', $.- v.- 3 . , -.k‘ t 1':'.?.■V,),''t!t.'''')1M,,, ,,,, :11•1%.* ,4,..• -':• 1,.."'i:C1 ' ::'',., .6°'6 •. .. 1 • '• j:' . '''.1%'% '4'f;%...'',:.,,, 4 ,' ''''j?:;:,..ii ' :''. i ' ( County of San Bernardino 'VZIWirP:17 Larry Walker . Auditor Contioller/freasurer/lax Collector 1. c.,:■ / 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)387-8308_ Mailed to ALBERTO,MARICJELA GIRON W W W.MyTaxCollecto r.corn 835 N MAYFIELD AVE SAN BERNARDINO CA 92401 PROPERTY ASSESSMENT CNTL-0061301 1 il:Vk '..;-2% '-fl.';1-. j-'KlAYW4,t ;:.'"' ,, ,,-: , ,:, y+ , 1:1 Land 30000 Improvement Fixtures 70000 Improvement Penalty Personal Property ()Parcel Number 013111 Number OTax Rate Area 0 Total Tax Rate Personal Property Penalty Homeowners Exemption 7000 MailiarrA 130026708 0007012 1.339400 aothcai .0., 93000 0 OCidillii4).ZO*0:r,tW::.41 O :f;';'1.4 ()First Installment Due TAX DISTRIBUTION AS OF JAN 01.2018 D Service Agency For Information Call Amount ALBERTO,MARICELA GIRON 11-01-2013 $625.83 GENERALTAX LEVY 00.00 .,Second Installment Due 'SAN BERN vEo-ron CONTROL 500442-2283 0.046#:61,01:0412A 4(.,`; 4 02-01-2014 $62562 SAN BONO COMM COLLEGE BOND SCHOOL BONDS 909452-4022 909481-1184 38.98 835 N MAYFIELD AVE SAB SCHOOL STATE REPAYMENT .00 125.55 0 Total ...,r,q,,,e),7‘. :0404-e-: S9 VALLEY MUM WTR DI37 SVC 909.387-9200 Taxes Duo i!iVIPO.:4-f .-,..:.,.-,';.-N 151.12 Make checks payable to SBC Tax Collector OLOB49,4441100W:I:::..i.'?'..';'',.:,:' ..''''':,':;::-,:'' ' [- .:.:-`•.f.i.;);,'.',, CITY N Kinn tOOFTW ti2Lore BLK02EXST I®1 fikilii;04.4004-kAil:14, i...i;,,';4:;.;,•.,e'i:i;,'...,,,:441; ::,,:i.t;:,...p4ir;;;-,:;4i:',1 . . . , , . . . Para informaclan de su facture de impuestos de propledad en espanol, por favor visite www.aolecclondelmpuestos.com o llama al(909)387-8308. 01 KEEP THIS PORTION OF YOUR TAX BILL _ 1 0 Check here for a change of mailing address or phone number. You can pay online via e-check or credit card at , 2013 Please provide all corrections on the reverse side. www.MyTaxCollector.com 2nd ANNUAL TAX BILL III L-m..3armi MEI VISA D.it FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 140630 0 PAY THIS AMOUNT BY 0 Parcel Number 013111 Number 1 , :',',',;L:11. , .:'■..f.- $695(52,' ,.i4.vi9vr‘i 41.livitvr .:4., 130026708 4' 4,." ',- `:.14 "•': .' 1,':',::,, . 4 ,--... Payments Postmarked by 04-10-2014 SEND THIS STUB WITH YOUR SECOND INSTALLMENT PAYMENT ere considered timely PARTIAL PAYMENTS WILL BE RETURNED Make checks 0 payable to: SBC Tax Collector I AFTER 04-10-2014 1 $698.19 I 172 W.Third Street,Rat Floor San Bernardino,CA92415-0360 IINO INSTALLMENT PLUS PPA PENALTY,PLUS$10.00 COST. 102 1 130026708 3 2 140410 00000062562 4 00000069819 1 vyit 1 San Bert inn City of San Bernardino Mills Act Application Property Information Property Address '3 S Al , en.cx,j flog APN: Q LI — f 3 — / ? - — b 0 0 Owner 101 a r ►' a C- t r n vV 41 62,r Owner Address ?3 S I' • c to P-►€1 d Owner Telephone Number:Daytime �/.4I '�.venin8 E-Mail Address: Use of Property(Residential or Commercial...please describe) Sign Rena I mu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 835 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto Giron In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: !v Was the homeowner contacted? 00 Commission Recommendation for Program: 4111M / NO Commission Notes: 4 .•• . _. , V �•--,—� �;- •/ Commissioner Name: e . 5� r AP/Kit_p ate: I//1?k mL3 As a representative •f the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: i id.ty .. 4J. _' 4 • ofnuiie Ann Rarego Commissioner Contact Information: tixa vv snag San Bernardino,CA 92407 ?49--8. -Y40117 • A. Yeti) • San Run 'no City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 835 N. Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto.Giron In Reconnaissance Report: CM / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: w" l * / 4 - • Commissioner Name: S Sr.,. (J-L45, .._ l i v c.S Date: .1 W15 -/3 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program; and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: `,� ,R.A.oL. t/OHO Commissioner Contact Information: '0, -9405 -6 `i t 7 It, ` . 34'47 Nubian um City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 835 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto Giron In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: ,2 ! / 0,�/.....? Was the homeowner contacted? ('/ goCommission Recommendation for Program: NO Commission Notes: Y r y 171 � ''' Cc' �� ").-- , Al 4°in 4---d j G/L'/ -'' '4__e___S G.... hei.ne_ Commissioner Name: 2)))deG ga? Date: //,'-.1 g\---13 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act pro' 'm and certify that this property does qualify for consideration of a Mills A ' ,, ct. i 1 , Commissioner Signature: �� t`� �� Commissioner Contact Information: r.Ci�I t �� 70,-32 `02 /I'll ; ,'"7- -77J67 • Lisa Sherrick From: James Smith<pgp_jsmith©hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me. Thanks. James Smith From:Sherrick_Li @sbcity.org To:pgp jsmith @hotmail.com CC: Stewart To @sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE:Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions,please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbclty.ors www.facebook.com/sbcitvgov From: James Smith(mailto:pgpJsmith@hotmail.com] Sent: Saturday,November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations HI Lisa,. I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org smith@hotmail.com;joe @joearnett.com; To:aeadesign @verizon.net;vcorbel @hotmail.com;pgp- 1 1 Lisa Sherrick From: suzearp@gmail.com on behalf of Suzie harp<earps©csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves. The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Liaa,sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. • Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N.D St. San Bernardino,CA 92418 Office (909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitygov 1 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of December, by and between the City of San Bernardino, a municipal corporation("City"), and Sandra and David 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 Avenue, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Sandra and David Olivas 845 North Mayfield Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("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: ATTESTED TO: By: Dated: Owner Owner Approved as to form: GARY D. SAENZ City Attorney By: di& 9 2013-347 !RECORDING REQUESTED BY �i� ������— Recorded in Official Records. Gounty of San Bernardino 12i30I201 [� ` DENNIS DRAEGER 2:13 PM BN AND HEN RECORDED MAILDOCUMENTTO• ''uouN ASSESSOR — RECORDER — CLERK 1 �. (!phivAmA'li Qciu ,\[? " Zve'� P Counter STREET ��/�]�}/,�` (3106,2,4- Titles: 1 Pages: 22 STREET .351)I"•�• Doc#: 2013-05552$9 l cA v ail 0 CA 00-11% =eee 0.00 CITY,STATE& Taxes 0.00 ZIP CODE EY EmP`1' T VEt,VA:4 el ' 0 t ner 6.00 SEES (get). CODE; L1383 II PAID $0.�J0 SPACE ABOVE FOR RECORDER'S USE ONLY 5'cpri c Rft5eA xion vcf.mtvli-- Y Titl of Document THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of Decemberby and between the City of San Bernardino, a municipal corporation("City"),and Arturo Maldonado Casas("Owner"). RECITALS I. California Government Code Section 50280,et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 801 N. Arrowhead Avenue, 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. 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 I-Iistoric 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Arturo Maldonado Casas 801 North Arrowhead Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: t ICI I�j CITY OF SAN ? , RNARDINO j By: P\1le�nAr ATTESTED TO: By: Dated: )Q load 13 Owner \{kuixo Mal dal C(.0), Owner (,,aSC(,S Approved as to form: GARY D. SAENZ City Attorney By: 416 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California 9 County o -5 I1 .1)pr► vilZ .tn I On J;� 1 C/ B� 1 3 before m- v -) (�`- { �� #/C 1� ri .14,70, ti Date �y Here Insert Na,-- d Title.1 the Officer personally appeared I(�1) I (-I` / t\C I q Name(s)of Signer(s) qqJ 'J r who proved to me on the basis of satisfactory z t evidence to be the person( -whose name-is/are- ; subscribed to the within instrument and acknowledged ?S to me that he/shc/thcy executed the same in ?I his/lher/their authorized capacity(ies) and that by 1 t BRENDA GRACE LEGGITT his/her/their signature(-s on the instrument the 9 .10111lr_ Commission•1905138 person( or the entity upon behalf of which the 1``l►a•' 'l Notary Public-California g person$acted, executed the instrument. i t'< V.- ,. 'r+% San Bernardino County 11,2016 I certify under PENALTY OF PERJURY under the '' • laws of the State of California that the foregoing • paragraph is true and correct. i • t WITNESS my hand and official seal. `�ACC Signature: ' -,'''L. ? > ��.4i ! D ,-/�k� rPlace Notary Seal Above Signature of Notary Public (�(� t OPTIONAL g Though the information below is not required by law, it may prove valuable to persons relying on the document 9 and could prevent fraudulent removal and reattachment of this form to another document. y•1 Description of Attached Document Os: / �y /� $i Title or Type of Document: ;VP i Pat-:' C LL - a • Document Date: Number of Pages: Signer(s) Other Than Named Above: t Capacity(ies) Claimed by Signer(s) l Signer's Name: Signer's Name: h ( . ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): s ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT , • OF SIGNER OF SIGNER i ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here '5 ❑ Attorney in Fact ❑Attorney in Fact h� 9 ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: ? Signer Is Representing: Signer Is Representing: h h h . • �.\:•`?..`..._.ti.�.• 4r. \.�-' `.• 0,—.\_...\—•.• A_.. A_• !__• .'-.• '\_• • ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT saYoit,4... .t..- ,. .a 7ng,m. ,:.•,Y?a :,,..vsR........a,...>',s ,,,a .',.,-,,3:7s ai.f'a?Y.sC J i Q 41...,sav �. 9a3..w.A,.%. aJ ss�J State of California County of &n c6 1-'001/4\(,&\\O On-O2c4embet a. , 013 before me, OY \ni 1pS-`31\UQ /00-6x6, P . , Date 8,00 Here Insert Namland Title of the 0 er personally appeared 0 r A U r o V G ‘ c4(\U ( Ul Sal S Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names') is/subscribed to the within instrument and acknowledged to me that he/pelf-AI executed the same in his/l,f/theirauthorized capacity0961, and that by his/hRetpefr signature(,$)'on the instrument the person(,54!or the entity upon behalf of 0. FLORELI TORRES-SILVA which the person(kracted, executed the instrument. ;,,t--14 ,-, Commission # 1961010 z I; Notary Public -California D I certify under PENALTY OF PERJURY under the laws z `�.'' San Bernardino County My Comm.Expires Dec 15,2015 J of the State of California that the foregoing paragraph is - ----- ---- true and correct. f WITNESS my hand and offi. ' seal. Signature .:--- •�� Place Notary Seal Above ign tu'ot rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: r11406 c, ?r c y c k„k`'?r (_'t?Sf 11101\c o ,1rn ypc U Document Date: I a_ \ 14 ))Rite Number of Pages: el- i Signer(s) Other Than Named Above: 1�Lf Y Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: y .,,.�✓. Ay'..'✓ ti,,, ,i-L:,,,S` d:a',: i s-fw -..r G cv 6 .-'✓ 6`e,4-w4`ewz4N '.cts.:_'y4 4w4 ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402.www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 6 \k\C16)twax* RECORDING REQUESTED BY: Ticor Title Company of California AND WHEN RECORDED MAIL TO: ARTURO MALDONADO CASAS 801 N. ARROWHEAD AVE- SAN BERNARDINO, CA 92411 THIS SPACE FOR RECORDER'S USE ONLY: Title Order No.: 9817762 Escrow No.: 015576-JU GRANT DEED THE UNDERSIGNED GRANTO DOCUMENTARY)TRANSFER TAX Is$123.20 [X]computed on full value of property conveyed,or ]computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [X] City of San Bernardino AND FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Di Yu,a Single Woman hereby GRANT(s)to: ARto MALDONADO CASAS, A SINGLE MAN the real property in the City of San Bernardino,County of San Bernardino,State of California,described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF Also Known as: 801 N.Arrowhead Ave.,San Bernardino,CA 92411 AP#:0140-221-28 DATED Juno 27,2011 STATE OF CALIFORNIA, COUNTY OF C o S /'`S .S QI.YU........._...._. On +f�/ off-, 700 before me, (f 7.I.s' )4 A Notary Public in�nd f/said State personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Is/are subscribed to the within -•. JINNY HO Instrument and acknowledged to me that he/shelthey CoMtf.t�1930780 executed the same in his/her/their authorized capacity(ies), C ` NOTAR DES cnualr u and that by his/her/their signature(s) on the Instrument the 'f tar Cae a.Ewo.dunk tY,2015"' person(s), or the entity upon behalf of which the person(s) 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 official seal. (Seal) MAIL Signature TA MAIL TAX STA MENT, TO PA"TY SHOWN BELOW;IF NO PARTY SHOWN,MAIL AS DIRECTED ABOVE: LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: THE SOUTH 48 FEET OF LOT 4, BLOCK 63 ACCORDING TO THE MAP OF CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY. Assessor's Parcel Number: 0140-221-28 / , \f--\\Noaveasa4 Exhibit"C" San Imo Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year I ecc- r Lea� � � Por�(n, /5OO.46 Year 2 /0 d SLci Sc°xfH. r-aS 600, oc) Year 3 rtii4- LJc,y /�-(' a r i e c/ /5.00 00 Year 4 k o �� .;cu-1-5,-d 1_ /5'00, 0 0 Year 5 ff Pe, 0,0 hb t.t_ SR i w S c( 4 /5 oO. O C) Year 6 Sear'm ee_pccif 600.00 Year 7 Oeu3 LU�r a 6)'do. on Year 8 c Jl9tu. i 3 reS 800.00 Year 9 `v 6 r k- It 404 t r- `�00, 0 Year 10 ciod. 0d *See attached list of potentialprojects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. 4'j " CI1 t' Ill San Bern. lino City of San Bernardino Mills Act Application Property Information Property Address SO f !O A-r ro w h-ect_cI J . APN: I +L1 — a of I — 02 1( —0 - 00 0 Owner A r r C.' f o..k c o YV o.c( QctS Q 5' Owner Address ?O I ) . U' (ow `�- Owner Telephone Number:Daytime 56 - q 7 f o'3 tjE4ening E-Mail Address: Use of Property(Residential or Commercial...please describe) +4a k' F 3#-`2''..:.,*,,...kg:'. 'ikt: .. , ' ,;,-' ' •t':-,„,--it...,:i-?,-v1. , , 0 .+ _ ,-, W • A �+5$ANBE,RIARD N County of San Bernardino . f v . u"k% ;i , .. 1., -:,[4:-.',i; Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)337-8308 Mailed to CASAS,ARTURO MALDONADO www•MyTaxC'ollector.co;>n 801 N ARROWHEAD AVE PROPERTY ASSESSMENT CNTL-0029828 SAN BERNARDINO CA 92411 012 Description I ASSESSED VALUES Land 22440 Improvement Fixtures 59160 Improvement Penalty Personal Property Personal Property Penalty , rCel`Number; ©Bill Number ©TaX Rate Area O-T tal Thxftat Homeowners Exemption Other Exemptions 0140-224 130026734 0007012 1.339400 ' Net Value _ 81600 s)Owner(s)of Record TAX DISTRIBUTION ,, ()First Installment Due ,. � � r� AS OF JAN 01,2013 ,Serv"ice Agency Forinfornta�tion - A kie-,1� CASAS,ARTURO MALDONADO 11-01-2013 $549.29 GENERAL TAX LEVY 816.00 0 Second Installment Due 'SAN BERN VECTOR CONTROL 800-442-2283 5.62 SAN BDNO COMM COLLEGE BOND 909-382-4022 34.19 6 Property Address 02-01-2014 $549.28 SCHOOL BONDS 909-381-1164 110.16 SCHOOL STATE REPAYMENT .00 801 N ARROWHEAD AVE SAB It Total , r 1, SB VALLEY MUNI WTR DBT SVC 909-387-9200 132.60 Taxes Due 1 . Make checks payable to SBC Tax Collector ;)Legal Description CITY S 48 FT LOT 4 BLK 63 a)Important Messages Para informacion de su factura de impuestos de propiedad en espariol, por favor visite www.colecciondeimpuestos.com o Ilame at(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL 4111111111l11■ First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPAtslY YOU CAN PAY ONLINE VIA E—CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM Sang I i no City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 801 N.Arrowhead Ave. San Bernardino,CA 92401 Owner: Arturo Casas In Reconnaissance Report: ) / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey: ,Jc7 0, 1 J a.o 13 Was the homeowner contacted? na O Commission Recommendation for Program: CIO/ NO Commission Notes: "Tk e- PO r-Gk Commissioner.Name: 0 L ©1,"v Date: ( I -i 5 1 3 As a representative of the. Historical Preservation. Commission,. I have reviewed understand the criteria of the Mills Act program, and certifr that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: , a,.,� (9 L,9-e.,.`. - 4Ca.6119 0_,0 Commissioner Contact Information: d zit 7 m4 k San mo City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 801 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Arturo Casas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey: ��-�i�h1.0�i✓ n r o2-Q)13 Was the homeowner contacted? i■)C) Commission Recommendation for Program: 16210 / NO Commission Notes: r,.,1 Ci""11 A, .., . /ice ,Ii ,IA IiA +i. ._i 1 Aa£ :i vli,. ' ay LL/i _ • _ ILL - i ./ / i.• / �i > �'t . 41!L .� . ./. 41 ice. Ls ii . i �� ,t �L 4 w�Gy _ Grch C. 6 Commissioner Name: / r41ia �� _ : ��`� ,. !�. Date: ///1" /eilo j.3 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. Commissioner Signature: i+.:A,e 4,4 _ ��i Johnnie Ann Ralph Commissioner Contact Info' ation: 825 W.Sherjdon Road San Bernardino, CA 92407 ,tdAnrt ret 1pl, e Ythoo , Gorr' . Sal hero ,mu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 801 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Arturo Casas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-471-2369 Evening: Date of Inspection/Windshield Survey: j/ / —73 Was the homeowner contacted? )) d' Commission Recommendation for Program: YES / NO Commission Notes: V5 qfrPeir3 )0 r° Wr/7 Irr2 a/n iw/n A , -- � — .. ,,� . , / // J - J , i 2-4'ty Cyr >S Vet WO/7 nem/i ►7 in 4/ ate: '~ Commissioner Name: 1 G�l// // / i))) As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act p o:/m, and certify that this property does qualify for consideration of a Mills = = c'.tra/ . . /01 rte+i Commissioner Signature: i;.AG/..--" A , a - 4 �-�/A. 90,'--.741--3 7 7, Commissioner Contact Information: oz hil/7116‘ '7,7- gir2___a-5--ec__> Lisa Sherrick From: James Smith<pgpjsmith @hotmail.com> Sent: Tuesday, November 19, 201310:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Li @sbcity.org To: pgpJsmith @hotmail.com CC:Stewart_To@sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject:RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino, CA 92418 Office (909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcityoov From:James Smith(mallto:pgpjsmith @hotmali.coml Sent: Saturday, November 16, 201.3 8:46 AM • To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving) My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member, City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To: aeadesign @verizon.net;vcorbel @hotmail.com; pgpJsmith @hotmall.com;Joe @joearnett.com; Lisa Sherrick From: suzearp @gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li Qsbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov • 1 2013-347 R$CORDIN EQUESTED BY Recorded in Official Records, County of San Bernardino 12/26/2013 L i 7 DENNIS DRAEGER 3:23 PM cove �..a SG D WHEN RECORDED MAIL DOCUMENT TO: E]� .awn9agnARat ASSESSOR - RECORDER - CLERK CA1 IN _ ?JYd r1 P Counter �mc t � '1't Doc#: 2013-0551127 Titles: 1 Pages: 22 STREET ,e G1 �•b t`V� C_ V 1.$ Fees 0.00 {I��� Taxes 0.00 CIPETE. Other 0.00 eyon ;on e �\ PAID $0.ee ?MS E Cade d 16(bi SPACE ABOVE FOR RECORDER'S USE ONLY 1143\Z:eitC:WCV0ilai ' 44('`eSONC.C‘ZOn Pvalftevettmk • Title of Document us ; t f THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, day of Decembe; by and between the City of San Bernardino, a municipal corporation("City"),and Jo E. Thomas("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 2788 N. Mountain View Avenue, 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 • 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Jo E. Thomas 2788 North Mountain View 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 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: ICI CITY OF SA k,,R ARDINO By: dr;, ' QYl 0,(y-e-{ ATTESTED TO: By: Dated: 4020// 3 VL-dA Owner _i0_1; Thomas Owner Approved as to form: GARY D. SAENZ City Attorney By: !_L• 1 - • 9 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 (0 State of California 9 i County of �U0 er00-hctI1C' � On 1` .. 6 t Cl I t3 before men ��11C Q al-00C, l �'C : �(tar'�J' �(.0 )l1c. Date Here Insert Naaad Titleiof the Officer J k personally appeared B t CI � \ ct\__, 4� y� ( Name(s)of Signer(s) A } f A twho proved to me on the basis of satisfactory /;� evidence to be the person(s)-whose names) is/afe- subscribed to the within instrument and acknowledged 9 to me that he/sbeey-.executed the same in his/iaerftheir authorized capacity(ias),. and that by v t his/her ei signature(s)- on the instrument the s• ( + person(s); or the entity upon behalf of which the A BRENDA GRACE LEGGETT person(s)-acted, executed the instrument. < � Commission�1985138 z _' Notary Public-California z .,, San Bernardino County ' I certify under PENALTY OF PERJURY under the t Comm.Expires Au 11,2016+ laws of the State of California that the foregoing paragraph is true and correct. C WITNESS my hand and official seal. Signature: '-11C�. 6. �r 06 &,/,'C`t. S Place Notary Seal Above Signature of Notary Public f/ ( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 9i Description of Attached Docur t -- �t Title or Type of Document: ) e) fl o / roll rnri - I h orb . Document Date: Number of Pages: p Signer(s) Other Than Named Above: 1 ( Capacity(ies) Claimed by Signer(s) 9) (. 9� ( Signer's Name: Signer's Name: ) ( ❑ Corporate Officer — Title(s): El Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT ( OF SIGNER OF SIGNER ❑ Partner — ❑Limited Li General Top of thumb here ❑ Partner — ❑ Limited Cl General Top of thumb here Ai L] Attorney in Fact ❑Attorney in Fact y • Li Trustee L]Trustee A A ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: ( Signer Is Representing: Signer Is Representing: 9 AJ • •\..,—...._.• �.• • .... A— .,—...—..\.....`.�.• A—"_,...2;. �.♦ \_..\Z, INZ,N.-.• • "\-.ti.\. _ A.—"L`..`._.\_.• — A ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT State of California County of San Bernardino ) On December 20, 2013 before me, James M. Baca, Notary Public (insert name and title of the officer) personally appeared Jo E. Thomas who proved to me on the basis of satisfactory evidence to be the person.(.s j'whose named 6 subscribed to the within instrument and acknowledged to me that q€6, 'executed the same in er their authorized capacity. e ), and that by her hteif signature,(sron the instrument the persons 'or the entity upon behalf of which the person(a cted, 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. • JAMES M.BACA = t: COMM.#1902654 0 Z `" S�` NOTARY WOUC•CAUFORNIAV) WITNESS my hand and official seal. SANBERNAROINOExpiCOUNTY Z My Commission res Sapt.mber 3,2014 Signatu ;r i'.777./ (Seal) // L .Pv0dvixtva4- FIRST AMFC4 TITLE RECORDING REQUESTED BY: • ANDrVWH IJ s;�)os):i''MAIL TO: ^�. • JoE.TI. 2788 N.Mountain View Avenue San Bernardino,CA 92405 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED ASSESSOR'S PARCEL NO.:0150-122-16 The undersigned Grantor(s)declare that the DOCUMENT TRANSFER TAX IS: � � TITLE ORDER NO.:43505 ESCROW NO.:1101-SL computed on the Bill value of the interest of property conveyed,or computed on the Ml 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:gift FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,Larry F.Eberly,a single man hereby GRANT(S)to Jo E.Thomas,an unmarried woman aU that real property situated in the city of San Bernardino,County of San Bernardino, State of CA,described as: Lot 29, Block 6, of OTract No. Arrowhead Park Unit No. 1, in the City of San Bernardino, County of'San Bernardino, State of California,as per map recorded in Book 24,page 41,of Maps,in the office of the County Recorder of said County. Dated October 11,2006 State of Ca n'a } Q ut nly of__�t y � i Qi[Ein fora mo t th94xtf01 146:414k.NOM 944. l? sonally spewed / 1 Per Ui Larry .Eberly peraettally.Ya awe-tome or proved to the on the baste of satisfbctory evidence)to be the perso whose nn re subscribed o the within instrument and acknowledged to me that dthey executed the carne in heir authorized capecitytiaal and that by LEASUNG MEDINA «hhcir signaturepron the instrumem the person(4f or the entity upon behalf of which 'AO%1,k Commission rp 1464316 the perso aotcd,executedrhoiasItu cnt. ?F% jr Notary Public•Calltornia K2 1'' San Bernardino County • EU m y hand, s e a l n ° My Comm.Expire=Jon20,2008 itak,11P7411, !(_.4F:11 (This are for official notary seal) MAIL Iv MENTS TO: Jo E.Thomas 2788 N.Mtn,View Avenue ' tin Bernardino,CA 92405 I 1' FIRST AM ERIC Lis�L locironically Recorded in Official Records,County of San Bernardino FIRST t ON PM CORDINti REQU •r;` LARRY WALKER LI U C '. AuditorlControiler•Recorder FIRST AMERICAN TITLE 107 First American Title Company • WHEN RECORDED MAIL TO: Doc#: 2006.0790001 Titles: 1 pages: 2 Foos 9.00 Telma 00 Jo E. Thomas other .00 2788 N. Mountain View Ave Pero e.00 • San Bernardino, CA 92405 PT-43505 1 Escrow No. 1101-SL APN 01507122-16 GRANT DEED _ ('title of Document) • TITLE ORDER NO PT. 43505 { MAIL TAX STATEMENTS TO ADDRESS ABOVE • • /3\ladonmar- Exhibit"C" San 110 Mills Act Program Ten-Year Rehabilitation Plan • City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 /1 04-41 Yiktio Year 2 Udd ,r).VIA imYt. 7/0 WA � • s'C E, ilk 0i Year 3 � � A • Year 4 R �/ f %� h ve �/ Year 5 ke . /dz) d4 >. . �v Year 6 �� s Rer rte, d6t./.. s p Year 7 ,�d� R.L6 zz, Sic ' • Cr c�SP Yom✓• o� Year 8/ � *►. o-a ,, ... lam. - ,��� Y ear 9 .. v13��� a,v k /4 j � ' ea PI u$ Year 10 ktes46.14. ita421 i...)aaaQ oog4 40,19 •9-.Zi pit)s *See attached list of potential projects. Use additional sheets if necsary Projects may be interior or exterior, but must utilize all of your tax savines. Retain copies of all receipts and permits for submittal with the required annual reports. .... .I r f .v ti: t a k t ION BEyjIAA[HN • . + County of San Bernardino 14 y, = Larry Walker • Auditor-Controller/Treasurer/Tax Collector �' 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 THOMAS,JOE d p 2788 N MTN VIEW AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92405 f ;:, Land 29000 Improvement Fixtures 69000 Improvement Penalty Personal Property 0 Parcel Number 0 Bill Number 0 Tax Rate Area 0 Total Tax Rate Personal Property Penalty Homeowners Exemption Other Exemptions Bi-a w_L ,-•,,,i 130044143 0007001 1.339400 Net Virtue! ,.,, 98000 's;Owner(s)of Record ()First Installment Due TAX DISTRIBUTION AS OF THOMAS, O E GENERAL TA JAN 12013 11-01-2013- � ® X LEVY For Information Call Amoun 80.00 O Second Installment Due 'SAN BERN VECTOR CONTROL 800-442-2283 5.82 SAN BDNO COMM COLLEGE BOND 909-382-4022 41.06 C6 Property Address 02-01-2014 $659.11 SCHOOL BONDS 909-381-1184 132.30 2788 N MTN VIEW AVE SAB SCHOOL STATE REPAYMENT .00 11' Total SB VALLEY MUNI WTR DBT SVC 909-387-9200 159.25 Taxes Due Make checks payable to SBC Tax Collector 'i Legal Description TRACT ARROWHEAD LOT 29 BLOCK 6 ARROWHEAD PARK UNIT NO 1 ®Important Messages Para informacion de su facture de impuestos de propiedad en espanol, por favor visite www.colecciondeimpuestos.com o(lame al(909)387-8308. KEEP THIS PORTION OF'YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM S�1 IAA City of San Bernardino Mills Act Application Property Information Property Address • 7 re /0' `O Itm "tall V 1 e'- 04,1_ G�ZeL • • 'OS APN: O 1.5 0 —no Owner Zo '. /7 o h?e24 Owner Address .)Q.N✓r. ., Owner Telephone Number:Daytime t5? 5'.x.3 -a'/('Evening. SLi r E-Mail Address:j m p ` PT' / e . - . '.- II , l:■ 1 1.4,1 Suffern. }lnu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 2788 N.Mountain View Ave. San Bernardino, CA 92405 Owner: Jo E. Thomas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of Inspection/Windshield Survey: // / ' /, Was the homeowner contacted? )\•)‘? a%Commission Recommendation for Program: NO Commission Notes: Commissioner Name: A , CI! _ 'J Date:/A/ES As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act con► .ct. ` .d Commissioner Signature: �i // /- . /�/ II ` __ Commissioner Contact Information: s, IIIPP/ 7/ '`°-- -- e'9 - 7 as`‘' It San Rena to City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 2788 N. Mountain View Ave. San Bernardino,CA 92405 Owner: Jo E. Thomas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of Inspection/Windshield Survey: It)res P_ J/_ Was the homeowner contacted? PO Commission Recommendation for Program: P / NO ? Commission Notes: f.e A I ' r► q . Ili '�- : !� . , . r .41%." A_• . �. � a Commissioner Name: ,,..l1 ,w.,, , i _ .,l4t4.. : "„/,A, Date: /3 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: i[i4 /;tA Jofinnfe Ann h. Commissioner Contact In ormationep 825 W.Sherfitarlin Rani San Bernardino, CA 92447 e O l/ la. . 114 e Va.h ao-, C &I • Sall bin i no City of San Bernardino Mills Act. Historical Preservation Commission Recommendation Property Address: 2788 N. Mountain View Ave. San Bernardino, CA 92405 Owner: Jo E.Thomas In Reconnaissance Report:Ott / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME Date of InspectionlWindshield Survey: 1 3 Was the homeowner contacted? yV O Commission Recommendation for Program: 10 / NO Commission Notes: C rte _ �4- •(-o cSfSC.i }i t 4.4 a-re... os,le v+. a-‘4,3 Ckr4-i 5 -. 1-1(4-5 On) r Z p t a.c r) Commissioner Name: Ssz.„i Art,. u — a I co 0.c,S Date: l/-/(o- / 3 As a. representative of the Historical Preservation. Commission, I have reviewed understand the criteria of the Mills Act program, and cent fy that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: Commissioner Contact Information: 90 --a vs -00(1 / 7 Lisa Sherrick prom: suzearp@gmail.com on behalf of Suzie Earn<earps©csusb.edu> Sent: Wednesday,November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW:Mills Act Commissioner Recommendations Hi Lisa, • I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, If you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II, Community Development City of San Bernardino • 300 N.D St.. San Bernardino, CA 92418 Office(909) 384-7276 Fax(909)384-5080 • www.sbcity.org www.facebook.comisbcitygov 1 a • Lisa Sherrick From: James Smith <pgpjsmith @hotmail.com> $ent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. • James Smith From: Sherrick_Li@sbcity.org To:pgp._,jsmith @hotmail.com CC:Stewart_To @sbclty.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus: Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.orR www.facebook.com/sbcitvgov • From:James Smith [malito:pgpJsmith@hotmail.comj Sent: Saturday, November 16, 2013 8:46 AM • To: Usa Sherrick Subject: RE: Mills Act Commissioner Recommendations HI Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving) My wife and I will be out of the country until November 23rd. Tnx,, Jim Smith Member, City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To: aeadesign @verizon.net;vcorbel@hotmail.com; pgp_jsmith @hotmail.com;joe @joearnett.cam; 1 II 2013-347 RECORDING REQUESTED BY Recorded in Official Records, County of San Bernardino 12/30/2013 LI5Ct `ivexria -'' DENNIS DRAEGER 82:13 PM AND WHEN RECORDED MAIL DOCU ENT TO: a+KensNMN ASSESSOR — RECORDER — CLERK 4,( P Counter /����_ ux\ d r. tOKY�{il�� 1 T,� Doc#: 2013—0555290 Titles: 1 Pages: 24 ,u�onESS u �Z��� z), c- Fees e_00 an �rh0oc (�� Taxes 0.00 CITY,taATE E. LPOE ( R-A 1 '"" r "C� Vnr Other °AIC 0.02 0.00 is €ovk Coac g SPACE ABOVE FOR RECORDERS USE ONLY f ,(r, 1 G 7V b0e) - 1?∎t?. eX I CA,,kirt(1 • 1 Title.of Document THIS AREA FOR _ , ,,. , , r THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) r 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of D e c emb e,r by and between the City of San Bernardino,a municipal corporation("City"),and Esmeralda and Miguel Osorio("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 728 N. Arrowhead Avenue, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Esmeralda and Miguel Osorio 728 North Arrowhead Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: in\C CITY OF SAN BE t ARDINO By: A11in ATTESTED TO: TO: By: Dated: /e2 „,7� Owner Owner Approved as to form: j2, 23 )2013 MlkrcD GARY D. SAENZ City Attorney O'Vlli'ltK a By: 8,, teal�� tr"2 ®WINe-%/ L L i 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,:v'• .�• _„-•,-- .1 State of California y CK (,{f 4 ,( County of-- 11 Ili-��at t jJ( C 3 ( On C7 /13 before me,-17141(40 'O 1C11r i �( �� �(,/��rQ.'9 Date - Here Insert Nam:0'a Title of he Officer ,,, J 10/ P°1grpersonally appeared t Name(s)of Signer(s) who proved to me on the basis of satisfactory ; • evidence to be the person4s)- whose name(s) is/are- subscribed to the within instrument and acknowledged s to me that he/she/they executed the same in this/her- eir- authorized capacity(ies) and that by his/", e'' -signature{e on the instrument the .l ( , BRENDA GRACE LEGGITT person(s);or the entity upon behalf of which the ; 1i'r- Commission# 1985138 Z person(s)'acted, executed the instrument. g 1 r >Notary Public-California y '' San Bernardino COUn I certify under PENALTY OF PERJURY under the (F Comm.Expires Au 11,2016 9 laws of the State of California that the foregoing ; paragraph is true and correct. ( 9 ( WITNESS my hand and official seal. r1 ,r 9 Signature�(/n./� )(L C z, 4-tact /1-(7"iii-/9 Place Notary Seal Above / Signature of Notary Public , OPTIONAL V Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. '91 Description of Attached Docu�j�,ent /� 1 J t / t 9' • Title or Type of Document: ( j i tt I/�7 r/L'1 Cel 1.L I. 0 C'J�r I 1 ( 9 R Document Date: Number of Pages: ;l r Signer(s) Other Than Named Above: ,1 Capacity(ies) Claimed by Signer(s) ( Signer's Name: Signer's Name: ( ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee CI Guardian or Conservator (. ❑Guardian or Conservator LI Other: ❑Other: (Y Signer Is Representing: Signer Is Representing: C/' P. '.-,._..v.._.. v.. .-....,..-..._.. . ..:...._..... .■—• . +._.+._.. .._......•..• r.S....• .\-2..._,A_.• .A.:.._. '.S•_."—•_..-.• • •N 2;•_1 ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE { CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On December 23, 2013 before me Khandi R. Greer, Certified Notary Public (Here insert name and title of the officer) personally appeared MIGUEL ANGEL OSORIO and ESMERALDA GONZALEZ OSORIO who proved to me on the basis of satisfactory evidence to be the person (° whose names® ' subscribed to the within instrument and acknowledged to me that he/she/Ce executed the same in his/hcr4eiiauthorized capacit 0 , and that by his/-- signature®on the instrument the persona the entity upon behalf of which the persoe 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. KHANDI R. c- ER WI S my la , offic` seal. :�-. COMM.11900516 / RY NOTA MOM a•CAUWOIRNIA -n SAN BERNARDINO COUN?Y "'Li : AM)∎ Comm.Exp.AUG.20,2014 (Notary Seal) Signatu -of Notary•.•lic ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a HISTORIC PROPERTY PRESEVATION document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in AGREEMENT("MILLS ACT CONTRACT") California(i.e.certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. NINE 12/22/13 • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. *ATTACHMENTS A& B • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear(s) at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • The notary seal impression must be clear and photographically reproducible. Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of (Title) the county clerk. ❑ Partner(s) • Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. F ❑ Trustee(s) Indicate title or type of attached document,number of pages and date. ❑ Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document using a staple. 2013 Version CAPA v06.10.13 800-873-9865 www.NotaryClasses.com Electronically Recorded in Official Records,County of San Bernardino 112512012 RECORDING REQUESTED BY: DENNIS DRAEGER 8G Orange Coast Title Company•Builder Servks ASSESSOR-RECORDER-CLERK ., 866 Orange Coast Title Co. WHEN RECORDED,MAIL TO: Doc#: 2012-0029886 Title: is Pages: 2. Esmeralda Osorio Pees 28.00 728 North Arrowhead Avenue Taxes 209.00 San Bernardino,CA 92401 Other .00 PAID 287.Oo e e 191,` (} 1r .,1 s 1?'trE 'J(i l:.rJi R }C1 . M DE .OR - ,•.:1239707- • .Rsl ►e . ,6... t TRA 007006 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s)declare that the DOCUMENTARY TRANSFER TAX IS: ' $209.WCounty XX 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,Canterbury Lots 68,LLC HEREBY GRANT(S)to Esmeralda °serio, a Single Woman and Miguel A. Osorio, a Single . Man as Joint Tenants. All that real property situated in the City of San Bernardino,County of San Bernardino,State of California,described as: The legal description Is attached hereto as Exhibit"A" Dated:December 29,2011 . STATE OF et• •' • } COUNTY O ,,.0 l 6t' A I I., , } Canterbury Lots 68,LLC O f ,before me, 7 l►` ,ti� ri ►�� .t1 a Notary Public, •'-•,aly:..:area t ■ k .► mrogreas . .1 R/ 5�. 8y. Richard B.M.unkvoli, CFO who �''•'a•7. a-on-1 e 1:1:":-: o satisfactory evidence to be the person(s) whose name( ; are subacri ed to the within Instrument and a owl=••=d to me thathshefthey HEATHER L.CORONADO executed the me I hi er/their authorized capacity(des), s�;.& , and that b hi other r signatures)on the instrument the _ , °(: Commission No. 1629393 person(s),o e entity upon behalf of which the person(s) 'Da s; NOTARY PUBLIC CALIFORNIA acted,executed the Instrument. ` SAN eEnt�ARas+o COUNTY �{_ � comete raMARCN Mr � 20.2016 I certify • •er ALTY OF PERJURY under the laws of . the S : e of C: ...1 i is that the foregoing paragraph is true and co « till, WITNESS .'cial seal. 4.,in Signature i WA (SEAL) ''OKI. all Tax Statements to: SAME AS ABOVE or Address Noted Below Exhibit"A" That portion of Lots 1,2.and 3,Block 51 of the City of San Bernardino,in the City of San Bernardino,as per plat recorded in book 7 of Maps,page 1,Records of said County,described as follows: Beginning at a point 50 feet South of the Northeast corner of said Lot 1; thence running West 187.5 feet to the East line of the Property conveyed to Caroline and Mabel Warren by deed recorded in book 203 page 48 of Deeds; thence South 2825 feet to the Northeast corner of the property conveyed to Nora Parker Coy by deed recorded September 6, 1967 in book 6884 page 835,Official Records;thence West along the North line of said land 167.5 feet to the East line of the land conveyed to the City of San Bernardino by deed recorded July 22, 1930 in book 643 page 16,Official Records;thence South 28.25 feet to a point 191 feet North of the South line of said Lot 3;thence East along a line running 191 feet North of the South line of said Block 51,a distance of 355.00 feet to the East line of said Lot 1;thence North 56.5 feet more or less,to the point of beginning. Together with 1/2 interest in alley described as follows: Commencing at the Southeast corner of the above described tract,running thence West along the Southerly line of said Tract 146 feet thence South 11 feet;thence East to"C"Street thence North to the point of beginning. vi Exhibit"C" Salk me. Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 P1h h4 �..1 3000. d v Year 2 /apr%"j f / 41 A/ 0, v 400. 00 Year 3 s `�!►, ykA.7 o1' A ems't. X000, dU Year 4 A. Lk-h rc hi c / 60 00. o 0 Year 5 row �.n 1N 1e�� 9/6 oo. o 0_ Year 6 j mri c( /L. Aan n.c. 49.000. O v Year 7 for,Lt - As,: /a, r,- 44p4,t._ 2060. d C) Year 8 P.- /11 t)01+7 11.4/a.'rs Year 9 'c14rr �Al r ») _ao00. 0 () Year 10 V J *See attached list of p tential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. . b1/ Sank lino City of San Bernardino Mills Act Application Property Information Property Address 7 ,i , 4rrowk.e�d AV 2.. APN: • - , -• .- o v t . • Owner F5 n,4r*a.A s o r,' v Owner Address -7128 ,o r r o u, t, ,,.d e Owner Telephone Number: Daytime Evening 9'09-P?7 -3c' (o 7 E-Mail Address: e S m r-64.1 c(c . 0 So r,'o gal Q q 114,2„; I . n o vvt, Use of Property(Residential or Commercial...please describe) �,�srA.e.40. a1 J \ Y ... -'.7. ' county of San Bernard '. '` '.3-- M . Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 OSORIO,ESMERALDA www•MyTaxCollector.corn 728 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92401 CNTL-0029810 s Y : T 11 „G Land 58140 Improvement Fixtures 135660 Improvement Penalty Personal Property O Parcel Number 0 Bill Number OTax Rate Area Personal Property Penalty Q Total Tax Rate Homeowners E ners Exemption ''7* " T Other Exemptions i ; 130026926 0007006 1.339400 Nit ` 17; 4 ',-t 193800 L Owners)of Record 0 First Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 ®Service Agency For Information Call Amount OSORIO,ESMERALDA 11-01-2013 $1,300.69 GENERAL TAX LEVY 1938.00 CO OSORIO,MIGUEL A °Second Installment Due 'SAN BERN VECTOR CONTROL 800-442-2283 5.82 SAN BONO COMM COLLEGE BOND 909-382-4022 81.20 Property Address 02-01-2014 $1,300.68 SCHOOL BONDS 909-381-1184 281.63 728 N ARROWHEAD SAB "' SCHOOL STATE REPAYMENT 00 Total %,,.,,,,;.,---,, " SB VALLEY MUNI WTR DBT SVC 909-387-9200 314.92 Taxes Due ' Make checks payable to SBC Tax Collector ®Legal Description CITY COM50FTSOFNE COB LOT IBL K51THW187.5FTTHS56.5FTTHE187.5 FT TH N TO POB ©Important Messages Para informacion de su facture de impuestos de propiedad en espanol, por favor visite www.colecciondeimpuestos.com o(lame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM 1 *".` County of San t - . y Bernardino a �� '}1 3 Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 OSORIO,ESMERALDA www.MyTaxCollector.corn 728 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92401 CNTL 0029809 Land 4162 Improvement Fixtures Improvement Penalty Personal Property Q Parcel Number 0 Bill Number QTax Rate Area Personal Property Penalty Total Tax Rate Homeowners Exemption rA� t=: ;�}" Other Exemptions '_ ,,;, 130026936 0007006 1.339400 [or ,:x ,c«f 4162 L Owners)of Record ()First Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 Q Service Agency For Information Call Amount OSORIO,ESMERALDA 11-01-2013 $28.52 GENERAL TAX LEVY CO OSORIO,MIGUEL A ()Second Installment Due 'SAN BERN VECTOR CONTROL 800-442-2283 41 1.30 SAN BDNO COMM COLLEGE BOND 909-382-4022 1.74 ©Property Address 02-01-2014 $28.51 SCHOOL BONDS 909-381-1164 5.81 4.1 4. x. SCHOOL STATE REPAYMENT .00 11 Total lip �. F _ SB VALLEY MUNI WTR OBT SVC 909-387.9200 8.78 Taxes Due Zx.. . ir_ .: Make checks payable to SBC Tax Collector CD Legal Description CITY PTN LOTS 2 AND 3 BEG 78.5 FT S AND 187.5 FT W OF NE COR LOT 1 BLK 51 W 142.5 FT S 2&25 FT E 1425 FT N TO P08 ©Important Messages Para informacidn de su factura de impuestos de propiedad en espariol, por favor visite www.colecciondeimpuestos.com o(lame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL i First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM - ' r ) ,----- :' a' .'\\ ,, f. ;,,..1 ,;r , • , .i ll t 1,1p, Ji • i'' , . County of San Bernardino* !3 ,* ' 'ti; . . �, . litliWN-Dil 1 Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 OSORIO,ESMERALDA www.MyTaxCollector.corn 728 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92401 CNTL-0029808 Land 859 Improvement Fixtures Improvement Penalty Personal Property 0 Parcel Number 0 Bill Number 0 Tax Rate Area Personal Property Penalty Total Tax Rate Homeowners Exemption Other Exemptions ,=„ • 130026945 0007006 1.339400 '=Par'1 . 859 0 Owner(s)of Record ()First Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 ®Service Agency For Information Call Amount OSORIO,ESMERALDA 11-01-2013 $6.41 GENERAL TAX LEVY 8.59 CO OSORIO,MIGUEL A mSecond Installment Due *SAN BERN VECTOR CONTROL 800-442-2283 1.30 SAN BDNO COMM COLLEGE BOND 909-382-4022 .35 Property Address 02-01-2014 $6.37 SCHOOL BONDS 909-381-1184 1.15 SCHOOL STATE REPAYMENT .00 '71 Total }A�h ' SB VALLEY MUNI WTR DBT SVC 909-387-9200 1.39 Taxes Due ,,42:0e Make checks payable to SBC Tax Collector Legal Description CITY S11FTN117.5FT Eta FT LOT 1BLK51UNO1/21NT Important Messages Para informacidn de su factura de impuestos de propiedad en espariol, por favor visite www.colecciondeimpuestos.com o Ilame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM 8 � oa q, LI It 01 Sall Beni !mu City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: //---J 7*-- I? Was the homeowner contacted? Atr Commission Recommendation for Program: LLD NO Commission Notes: 11 f G � / V ' A A ffJ7L-bl p, J/4rsC 417 Commissioner Name: )'Yl C e ht s v 1 'a4 ate: I .—. r.� � L? As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act ' •�am, and certify that this property does qualify for consideration of a Mills c• tr .., / / Commissioner Signature: /�`/� , Y Arr./.1 1 Commissioner Contact Information: h"e; °S.-6� :2. I I I AA City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino,CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: / NO Owner Telephone Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: /ice v 15, g o 13 Was the homeowner contacted? h)C) Commission Recommendation for Program: a I NO Commission Notes: , ro 4k.e — b e L (/‘`c-4-or,' (le Uri u,e-L1 ry' c.i Commissioner Name: „642.") •-o[ u c Date: /1-I E.-1,3 As a representative of the Historical Preservation. Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ja,,,, .". ®,,w.-e,,,,_ - JL•'ot, Commissioner Contact Information: / (' - Q.40 S'i, 9 7 E .. "' 4, x'41 City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino,CA 92401 Owner: Esmeralda Osorio In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime Evening: 909-827-3067 Date of Inspection/Windshield Survey: j_edtE nr ` 4 r2, .i 1-3 Was the homeowner contacted? 10 0 Commission Recommendation for Program: 49 / NO , Commission Notes: . . ; to . ' f...... . Commissioner Name: /vy, ,e , i� j 7?, Date: 1/ !' ` !/3 As a representative f the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: ,9.i�L ., % /c-c�� / �C\ Johnnie Ann xa , Commissioner Contact Info ation: 825 W.Sheridan goad San Bernardino,CA 92407 / — eyD9_ fay ? -.1dAnni-e , r-ita,A e `ttAero ,cam. Lisa Sherrick • From: James Smith<pgpjsmith @hotmail.com> Sent: Tuesday, November 19, 2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From: Sherrick_Li @sbcity.org To:pgpjsmith @hotmail.com CC:Stewart To @sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject:RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax,(909)384-5080 www.sbcitv.org www.facebook.com/sbcitvaov From: James Smith [maiito:pgpJsmith@hotmaiLcom) Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_LI @sbcity.org To:aeadesign @verizon.net;vcorbel @hotmail.com; pgpjsmith @hotmail.com;joe @joearnett.com; 1 , • Lisa Sherrick From: suzearp©gmail.com on behalf of Suzie Earp<earps©csusb.edu> $ent: Wednesday, November 20,2013'10:51 AM To: Lisa Sherrick Subject: Re:FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves. The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings, Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li @sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov t 2013-347 ECORDIN EQUESTED BY Recorded in Official Records,County of San Bernardino 1212612013 (., � �1 ‘ 4 DENNIS DRAEGER 3:23 PM SG AND WHEN RECORDED MAIL DOCUMENT TO: �`6O°" R ASSESSOR - RECORDER - CLERK N86RNARW !4 Gvi a-loan ba\lam E ,,. P Counter Cormrnttni iOCO•Plap�,IJAV " ' STREET -�,�^�I �1 '.bra Nor Doc#: 2013—0551125 Titles: 1 Pages: 22 nooREas�/v`� 1'`� t-�1 Fees 0.00 1 111111111111111 III Taxes 0.00 CITY,STA M �,�O� � � Other 0.00 mcooEi. • r e to PAID $0.00 SPACE ABOVE FOR RECORDERS USE ONLY VV5k-DriC-WCTer\I vry a 'o�n A Yeeww4- itle of cument S THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) . 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 16th day of December by and between the City of San Bernardino,a municipal corporation("City"),and Maricela Alberto("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 835 N. Mayfield Avenue, 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 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 16, 2013 ("Effective Date") and shall remain in effect fora 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 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 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 County Assessor, the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Maricela Alberto 835 North Mayfield Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: )-11"lt t CITY OF SAN B NARDINO By: ��� . -- v' Pt 1lexgar e4' ATTESTED TO: By: ►� a31i3 Dated. Owner Mar \q N` 'o Owner Approved as to form: GARY D. SAENZ City Attorney By: 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r,v v v r w r . v•s •%c,'✓ ,r-r,' p'Irv-•• rrrr. r Iry . ��,�.�y r b State of California County of N.)CI 1^l IT j'"1 rya`-(r i l L 1 s Pi 1 On t. 1��'l �� before me, a'hCC �(�cIo�' t,t II k) ; 7Y1.L� #-� �;[l yy Date _ Here Insert nd Titl'of the Officer 1 zz l M11 t, personally appeared II [ I R 1 I t`r t.r Name(s)of Signer(s) L' '1 twho proved to me on the basis of satisfactory t evidence to be the personK whose names) is/ate ; subscribed to the within instrument and acknowledged to me that he/sbe&they executed the same in i thisXberttheir authorized capacity(ies), and that by t his/lam their signature($ on the instrument the 9 GRACE LEGGIT? personO, or the entity upon behalf of which the p) t i Commission•116513$ person(*-acted, executed the instrument. y" 4 • Notary hoe-CaNfaMa h t `1 v,J Soo SonlardiIIoCounty — I certify under PENALTY OF PERJURY under the Comm. Au 11.2016 laws of the State of California that the foregoing A ( paragraph is true and correct. • WITNESS my hand and official seal. 5 Signature.p It/) . " - i Lt yyc`�fr 14— ; Place Notary Seal Above Signature of Notary Pu Ibis t/ � OPTIONAL yS Though the information below is not required by law, it may prove valuable to persons relying on the document t and could prevent fraudulent removal and reattachment of this form to another document. ‘ Description of Attached Docum nt Title or Type of Document: ) h CC (� LJ�!r�--f ��u l;- — U r 40 Document Date: Number of Pages: Signer(s) Other Than Named Above: ?' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): CI Individual RIGHT THUMBPRINT II Individual RIGHT THUMBPRINT 91 OF SIGNER OF SIGNER ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ; 5 ❑ Trustee ❑Trustee a ❑ Guardian or Conservator H Guardian or Conservator 1 ❑ Other: ❑Other: 9 ( Signer Is Representing: Signer Is Representing: i • ti. '••.2."ti. > • • • �.�..ti.ti.•■_.•\_.• '...r " _ 4._. .•..• • ,� ._•.: . ti- _ — • .. • • • `t2' ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 Ceram.—v,v-w^v,a,.v:• v"v;ry:ry-v-�w:v,rv;rv-r• •✓--+�-v-•av:vav:• .c�2c'�.� • +^' -"^;, 9) State of California County of , 1 ley >>>>>` On 1ZI 23 before me, r i eo r ne\c 1 O-T-�kr uI pub) I C• P D to Here rt Name and Title of the()Dear �ir�n P� —�fl t t personally appeared MC�Y 1 C�'� � �Jc r 9 Name(s)of Signer(s) n who proved to me on the basis of satisfactory y evidence to be the personf a'j whose namefra''ism A subscribed to the within insfrument and acknowledged to me that +e/sho,Lthcy executed the same in i his/her/their authorized capacity>er and that by t DORIS S ORNEJO .his/her/Jheii� signaturefrar on the instrument the 1 C � ` Commission*1927229 persorOf,, or the entity upon behalf of which the a ■ Notary Public-California person>racted, executed the instrument. , San Diego County ; Comm.E his Mu 3 2015 I certify under PENALTY OF PERJURY under the i laws of the State of California that the foregoing g g paragraph is true and correct. �S 9S WITNESS my hand and official seal. Sig re: .� /. � V, rPlace Notary Seal Above • •- .lure o Notary Public y1 OPTIONAL- 3 Though the information below is not required by law, it may prove valuable to persons relying on the document t and could prevent fraudulent removal and reattachment of this form to another document. 9� Description of Attached D c nt ( Title or Type of Document: i Iis Clef Ctlifra c tDocument Date: Number of Pages: t Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) t Signer's Name: Signer's Name: 9 • t ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): aS ❑ Individual RIGHTF STHIGNER UMBPRINT ❑ Individual RIGHT THI MBPRINT OF O ❑ Partner—Ili Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here j t ❑ Attorney in Fact ❑Attorney in Fact t ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator I' ❑ Other: ❑Other: h, Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 T _ _ - gym C .,� , Recorded In Oiliclat Records,County of San Bernardino 4110/2007 K.:4i. LARRY WALKER 8:00 AM cm. ., EM RECORDING REQUESTED BY: Auditor/Controller — Recorder SOUTHLAND TITLE COMPANY r, 602 Southland Tithe of San Diego AND WHEN RECORDED MAIL TO: .`z?1 Dock 2007-0216005 Titles: 1 Pages: 2 Marlcela Giron Alberto 835 N Mayfield Ave Faee 9.00 San Bernardino,CA 92401 Taxes 0.00 Other 0.00 A.P.N.: 0140-213-18.0400 Othe x0.00 Order No.: 37352321 Escrow No.: SCV756147-CA SPACE ABOVE THIS LINE IS FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S) DOCUMENTARY TRANSFER TAX IS$0 CITY TAX IS$0 () Computed on full value of property conveyed,or Computed on full value less value of liens or encumbrances remaining at time of t3ale OUnincorporated area: (X) City of San Bernardino FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged Maricela Giron Alberto,a married woman as her sole and separate property who acquired title as Marlcela Giron,a married woman as her sole and separate property hereby remise,release and forever quitclaim to Maricela Giron Alberto,a married woman as her sole and separate property the following described property,in the County of San Bernardino,State of California. See Exhibit"A"attached hereto and made a part hereof. Dated: March 28,2007 STATE OF CALIF4g N1A _ } SS. COUNTY OF JJ � �%�N On 4.-01 before me Mar= •� ' ' a icela Giron Alberto a Notary Public,personally appeared 1 JAMES R NIERIA Commission•1673844 personally known to me (or proved to me on the basis of ., ,_,.)i Notary PugU •Callfomfo t;,z^^ San DI County satisfactory evidence) to be the person ) whose name(Jf) Comm.f5cpl es Jun V,2010 cI 'are subscribed to the within Instrument and acknowledged to me that he hey executed the same in hIseritheir authorized capacity()and that by his T(I their signature(y) on the instrument the person .),or the entity upon behalf of (thin Area for Notaiyr Seal Only) which the person),acted,e 1ecuted the instrument. WITNESS my hand an, o ial seal. Signature .1.1i/ :±r%%'a re of Notary / MAIL_TAX STATEMENTS AS DIRECTED ABOVE 44 . f: ORDER NO. 37352321 EXHIBIT"A" e County Recorder That portion of Lot(s) 8 In Block 62,90 the�City San of Maps, in/t a office of tF>'I Bernardino, State of California, as per plat recorded i of said County. Described as follows: Commencing g a point feet et to East of estp line of and formerly owned by Mrs. M.L. Richa Richardson; thence thence running East 124 feet to th point of begi 9 South 50 feet; thence West 124 feet; thence North 50 feet to the p 3 MVCACVM+ Exhibit"C" rep` Sae Be I mu. Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 Q Year 2 PO.,,,)4- it S /.So0. 0 © _ Year 3 K vcLe,J (c,6 5 , -UOO.D U Year 4 4C00( ry 5 j0,000, CO Year 5 S 760a OO Year 6 r, tic Lee ra r 3 gU&U o Year 7 N S Lk.( a-4- C,4- 1'c i t ooa,o 0 Year 8 Kt-c,L.eiz 490. © 0 Year 9 ; ry q 5'.p r u Q I ,.s R.. 3�d. 0 Year 10 J Po rc.ln tot C 12�P�t _ _Odo.4 O *See attached Iist of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. I a' y X'S.':3 k' .E afif;�'1 Q'1�i ♦ t K ltiar rq Y d f,c f � Ur4i �b.e 7 t :1.,;;;'''' f :♦ a' i t. J.0:i. it s r.V i.� 4' �. b , r, ¢�ti.'a .„. . d �ti i i � v rid :>X�'y�.t�'t� '� �..,_ rl�ia�• a�:�� :� (4'''1'...� ,� , al �� 4 , y R, J i d s : lye', n' a, ,•r � �/ ! r 'S+7 1' I ov a,+.• tipt,° °.. `:, A County of San Bernardino •• 1.; ` : ,.t , ' Larry Walker • Auditor-Controller/Treasurer/lax Collector s 'S"a 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL.YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to ALBERTO,MARICELA GIRON 172 west Thkd Street,San Bernardino,CA 92415,.{909).387-8308_ www.MyTaxCollector.con 835 N MAYFIELD AVE SAN BERNARDINO CA 92401 • PROPERTY ASSESSMENT • CNTL-0061301 ® ttn:3-`.,lf.d`.Ji'. `'9 t r{tgas',.A,Iik1 4' , ., , . .1'>' ' Land 30000 Improvement Fixtures . 70000 Improvement Penalty Personal Properly o Parcel Number 08111 Number OTax Rate Area OTotal Tax Rate Personal Property Penalty Homeowners Exemption . 7000 KtE 130026708 0007012 1.339400 Other Exemptions . ...i. ,,!<. 93000 . Q,iif.04.#,).;4, @ 1;61.,.,. t 11' 0F1rst Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 11-01-2013 $825.83 Q Service Agency For Information Call Amount ALBERTO,MARICELA GIRON OENERALLTAX LEVY • 980.00 .LSecon(t Installment Due 'SAN BERN VECTOR CONTROL 600-442-2283 " 5.82 SAN BDNO COMM COLLEGE BOND 909.392-4022 36.99 ©pplytlYty., tfrl'e � ;t,41 c;rtti d 02.01-2014 $625.62 SCHOOL BONDS 000-351-1164 129.99 835 N MAYFIELD AVE SAB y ' 'Qt 11` SCHOOL STATE REPAYMENT .00 11 TOE +1,, yT 7, , SS VALLEY MUNI WTR DBT SVC 908.387-9200 151.12 Taxes Due ti 04:9;,.. . ,,c Make checks payable to SBC Tax Collector ®4.enn8' !!l p CTTYN50PTS too PTW1 12 LOT 8 But 62EXST (/144i iAtAiii$Atit' Ali,ai a,.t± ti S r:!i#r aakli 4'yi.l.i -4--ki Para lnformacidn de au lecture de Impuestos de propledad en espanol, . par favor visite www.00lecciondeImpuestos.com o llama al(909)387-8308. ri • KEEP THIS PORTION OF YOUR TAX BILL A. El Check here for a change of mailing address or phone number. You can pay online via e-check or credit card at 2013 Please provide all corrections on the reverse side. toww.MyTaxCollector.com 2nd ANNUAL TAX BILL �„„'al VISA i 140630 {1 FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 U PAY THIS AMOUNT BY BIN Number -,Pd T,.'Number © .. 04-10-2014 ,, `t7 '� , X 625.62, ' ;A . 4. "3=, "00 ; 130026708 Payments Postmarked by 04-10-2014 SEND THIS STUB WITH YOUR SECOND INSTALLMENT PAYMENT are considered timely PARTIAL PAYMENTS WILL BE RETURNED Make checks payable to: SBC Tax Collector Ss gg.19 172 W.Third Street,First Floor• AFTER-04-10-201.4 San Bernardino,CA92415-0360 ENO WSTALLMENT PLUS 10%PENALTY.PLUS$10.00 COST. 10E 1 130026708 3 2 140410 00000062562 4 00000069811 1 fr l "1 .-:WR l-,1 1 01 Sall Bern. i Intl City of San Bernardino Mills Act Application Property Information Property Address 3 5 tic , io,ji APN: d LI p -- ;Z 13 / ? - o — d 0 0 Owner a c fw ( G �r �' r iro 4 ) 6,2r t 0 Owner Address ?3 1� • cc �'el d Owner Telephone Number:Daytime 7.0i -'���v ngc a en `Q.-- E-Mail Address: Use of Property(Residential or Commercial...please describe) 2es 'c °Lk Nan Dina Ina City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 835 N. Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto Giron In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: IL<LLL u.41 1 �/ ' Was the homeowner contacted? NO Commission Recommendation for Program: Alp / NO Commission Notes: �J�. Lit./._. r • ,a_ ., • 4-.0 (44‘45, / 2-L4-41-64-17 Commissioner Name: � �'�� ,,� ��i�,i _0 ,�, Date: / As a representative 'sf the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: 44/ •• ....� .2-d 1 Commissioner Contact Information: ,Johnnie Ann Rafth /42S W.s a, -ROaa San Bernardino,CA 92407 W9-61-6 -Y,07 ..,IrahhMtc , rte/g. . }tLAi4d:coon, T73 Y A,• San Stan 10 City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 835 N. Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto Giron In Reconnaissance Report: OM / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: I w t ll I e b V 0 1,3 CD . Commissioner Name: .3 e,,•v.eQr-w, c.cs-ema v cS Date: //15 -13 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: s_.7ca - Q�� _ 61. ;04-o Commissioner Contact Information: ,0, ---e90 5 -6 (It 7 Il San kepnar 'no City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 835 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Alberto Giron In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-648-2865 Evening: SAME Date of Inspection/Windshield Survey: ,"— / ' /3- Was the homeowner contacted? y/ Commission Recommendation for Program: / NO Commission Notes: (i 1/. ry Irn r6= eGr 2/X ca- ? '4/ l: G e_ Commissioner Name: Ali dhg(7:294. . id Date: //,----/ - As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act prod ,m and certify that this property does qualify for consideration of a Mills A e s• ct. /r Commissioner Signature: LL Z % � /%�_�-■ g / v• Commissioner Contact Information: C., /l ' . a7-- 79,-32 72 74/0112 ; 7F-7 ,,o-g-‘7 Lisa Sherrick From: James Smith<pgp_jsmith @hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE: Mills Act Commissioner Recommendations Please count eight yes votes for me. Thanks. James Smith From:Sherrick_Li @sbcity.org To:pgp_jsmith @hotmail.com CC: Stewart_To@sbcity.org Date: Mon,18 Nov 2013 15:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St, San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcitv.org www.facebook.com/sbcitvgov From:James Smith [maiito:pgpJsmith@hotmall.com] Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From: Sherrick_Li@sbcity.org To:aeadesign @verizon.net;vcorbel @hotmail.com;pgpJsmith @hotmail.com;joe @joearnett.com; 1 Lisa Sherrick From: suzearp@gmail.com on behalf of Suzie Earp<earps©csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves. The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li @sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office (909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov 1 II 2013-347 Recorded in Official Records, County of San Bernardino 12130/2013 ECORDING REQUESTED BY LASU SherlrlC — 4v� y DENNIS DRAEGER 2:13 PM AND WHEN RECORDED MAIL DOCUMENT TO: BAN ""1fDF °A` ASSESSOR - RECORDER - CLERK S G Q f San bes rb P Counter tAw•y∎Alky Z Devtic olti ii ?iya Doc#: 2013-0555291 Titles: 1 Pages: 23 2 AGGRESS c. D. ill I III =ees 0.00 r�����. yN�l/^�) �I Taxes 0.00 eLovto-LPCODE�a ` � Y��(�J_�,���.�i./, III I i I PAID r 80.00 SPACE ABOVE FOR RECORDERS USE ONLY \\‘‘5\ttr IC' 4 t- 're at,)QAnAre,vYtm+ Title 4f Document ONLY THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2013-347 • HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,16 th day of D e c emb e by and between the City of San Bernardino,a municipal corporation("City"),and Maria and Jose Covarrubias("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 829 N. Mayfield Avenue, 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. 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 16, 2013 ("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 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 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 County Assessor,the State Department of Pinks and Recreation, the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 Owner: Maria and Jose Covarrubias 829 North Mayfield Avenue 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. 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: (n ` i3 CITY OF SAN B 'NARDINO By: _ .» ATTESTED TO: By: Dated: / - 1 9'-/3 - .4a° Owner g-da-g-“,--4a-e,' Owner Approved as to form: GARY D. SAENZ City Attorney By: r la 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C t State of California i County of 5(7 In 41-4-\a y TInC 1 ?: t On I 'L-I ( 9 I.i 3 before me,k3 t t"1 t G 1"o cC LE'GC/"{I I J h:C ('L. I Date Yet �J �'.j Here Insert Name d le of thle Officer Ig personally appeared I, lLI n `�' 0 i- �. 'f S t, Name(s)of Signer(s) ( i •1 Z who proved to me on the basis of satisfactory 1 S evidence to be the person{8j-whose name(s)- is/are- subscribed to the within instrument and acknowledged ;I to me that he/she/they executed the same in 1 his/her/their authorized capacity(ies)-,- and that by Os his/her/their signature(sj on the instrument the y� , , _ , BRENDA GRACE LEGGITT ? '?`.t Commission 0 1985138 person(s);._or the entity upon behalf of which the t, i' -,7,.-2i Notary Public-California z person(s)"acted, executed the instrument. t 6 'i',1 San Bernardino County 3 M Comm.Expires Au 11,2016 I certify under PENALTY OF PERJURY under the s tlaws of the State of California that the foregoing q t paragraph is true and correct. WITNESS my hand and official seal. Signature 'f'- "(i-PC 4i(iY ' j/ d• / Place Notary Seal Above Signature of Notary Public �;/ OPTIONAL V t Though the information below is not required by law, it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document Title or Type of Document: IA) tte� 0 1-:t l.(I}- i Ct — e Lei n M 1-tAk Ct i i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: i Pi ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): I. Ill Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT '. ;. OF SIGNER OF SIGNER ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ti ❑ Attorney in Fact Y ❑Attorney in Fact ( ❑ Trustee ❑Trustee ❑ Guardian or Conservator Li Guardian or Conservator 9 Cl Other: ❑Other: ( t t Signer Is Representing: Signer Is Representing: ti _ l ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7ss.Lae ' � e -.c)..3s:'e e .. ..Qa..°_'-‘ W Wa,7,...4. ,..s..A. 3;^e.a s AW 9J. •- S1.,• Qe'. 44:,. •,47. -<`'oi State of California County of :An. beimoc N On ,Z—\Q\-ZO \3 before me;�U3c )`4'` Ck.6 Gk i' rc... O U--;(-- , Date r--- Here Insert Name and Title of he Officer personally appearedL OS� ►1 nV\lQ cr\d rte io Name()of Signers) C3V ICXY N\ jck . , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)//are subscribed to the wi hin instrument and acknowledged to me that /stye/they executed the same in Vs/h1r/their authorized capacitv(ies), and that by7(s/h/r/their signature(s) on the instrun.uunt the person(s), or the entity upon behalf of r .. a . s� d v which the person(s) acted, executed the instrument. JUDITH YADitA SERRA Commission # aIdotni Z I certify under PENALTY OF PERJURY under the laws a =. � ' S�';!' Notary Pub::-ic -Calitoima z Z :P z ,'? ✓ San ,icrnardino County ' of the State of California that the foregoing paragraph is My Comm Expires Dec 13,2014 true and correct. WITNESS my hand and official val. Signature Place Notary Seal Above re of otary Public OPTIONAL Though the information below is not required by law it may rove valuable to persons relying on the document and could prevent fraudulent removal and react. liment of this form to another document. Description of Attached Document Title or Type of Document: c ,�V)L�‘(- ?\ce5'U\AVOIN-OtrerfNi2A Document Date: V) —`Pk.—e-L-t\--3 Number of Pages: -1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's NamA f'--- c)c COPAi k Signer's Name % V- �tc C cr Individual Individual Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General II] Partner—Eli Limited O General RIGHTTHUMBPQIW,T, RIGHTTHUt BPRI: ❑ Attorney in Fact ,a,,■Ftl ER; ❑Attorney in Fact QF,SIGNER :a'�� Top of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: sr.•ard'ar--ai,.e ca..,_er-miry•er !V'JP'-6-ddid".ty w,a•d'a,'o'TAW•al.•er •✓'qd-army Tar,,,°a qs sr w w.-swg%✓v-✓erd'✓-ex-40,- a -',v ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 C�cln tinr .v�.- ` Recorded In Official Records,County of San Bernardino 8/01/2008 • LARRY WALKER 3:57 PM tr Auditor/Controller — Recorder 60.1 Z_Return to: P Counter TransCantinental Title Co. Dolt: 2006-0523792 Titles: 1 Pages: 4 4033 Tampa Rd Suite 101 Fees Oldsmar, (1.34677 • Taxes I0.ee 0.00 800-225-7897 Other 0.06 dllitiarkalil PR1D Bt .� mail tax statements to: JOSE P.COVARRUBIAS 829 N MAYFIELD AVE SAN BERNARDINO, CA 92401 Property Tax ID#:0140-213-17-0-000 DOCUMENTARY TRANSFER TAX$ Computed on Hill value of property conveyed,or computed of full value less liens&encumbrances remaining at time of sale O6 Si gnature of Dtcla r gent determining tax - �Q� *14i4.*14i4. i a horiaac r ► 1- aid +1,Q rAG ' -1(j11,,1- L-'-T- Quit Claim cSra' or 'ceeei' ec5 return, tzd•T 11g11 Made this Id T4/ day of V t f . , a©C� ,by and between JOSE P. COVARRUBIAS, Married To, MARIA COVARRUKAS, Grantor, and 430SE P. COVARRUBIAS, a married person,'~MARIA. COVARRUBIAS, a married persoirEDUARDO COVARRUBIAS, a single person, Joint Tenants w/ rights of survivorship whose post office address is 829 N MAYFIELD AVE, SAN BERNARDINO, CA 92401,Grantee; u5Brkv.ta aisci u:,le JeAr Son Witnesseth,that said Grantor,for in consideration of the sum of TEN($10.00)DOLLARS,and other good and valuable • considerations in hand paid by Grantee,the receipt whereof is hereby acknowledged,does hereby remise,release and quitclaim unto the said Grantee forever,all the right,title,interest,claim and demand which the said Grantor has in and to the following described lot,piece or parcel of land,situate,lying and being in SAN BERNARDINO County,California, to-wit: "SEE COMPLETE LEGAL ATTACHED AS • • EXHIBIT"A"INCLUDED HEREWITH AND MADE A PART HEREOF" To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of the said Grantor,either in law or in equity,to the only proper use,benefit and behalf of the said Grantee forever. • • • 11"* " I •,foodertrAx c.noltayrs.. opEssmoswiF. . . I Order No. : 508523-2 EXHIBIT "A" The land referred to is situated in the State of California, County of San Bernardino, City of San Bernardino, and is described as follows: Portion of Lot 8, Block 62, in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Beginning 100 feet south of a point 25 feet east of the northwest corner of Lot 8, thence east 124.25 feet to the property conveyed to Mrs. M.L. Richardson; thence south 50 feet more or less, to the south line of said lot, thence west 124.25 feet to a point 25 feet east of the west line of said lot, thence north 50 feet more or less to the point of beginning. 6A\QA6AvytkA-1-- Exhibit"C" SanIE I mu. Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year I Year 2 PP et.4 r fao-® c /66,o, 0 d Year 3 gc I, V Year 4 Year 5 'ix-1'LA. r -e lee��a � (,00. 0 O Year 6 1 r i c cL1 le•e Lk.)i" __3000.0 U Year 7 cz prior° :500.6 C) Year 8 Year 9 me o r efp77 cti rS' 50 64 Year IO c$°i%J c 1( g.e ct i'r 1000. D d *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. '` `(4 Sun in ion City of San Bernardino Mills Act Application Property Information Property Address Sig ti? n/te-1 3 Cr e[ APN: 0 ( LIO - 911 3 _ i 7 ^' O - ooc Owner V�1 �1 r `sue I1 cx P r te^ 5 Owner Address 2%9 5 A.9 , a, , j .Q.,t GI q63 Owner Telephone Number:Daytime `/'d 2•-o95a?- - Evening 9v?-a Y y-9,30 7 E-Mail Address: Use of Property(Residential or Commercial...please describe) 2 �S; a ah7--r 1 t c �, ^T„ ail, '< r`55 ' ' ' .i,90.4:'.„•.-'';'.4:"''1"4.1tt,,n1 ,'3.1:;:tb,-;:-l. ' - * i ' . P''' ilk 11,,w,utoiNu .:County of San Bernardino . ' ';, " •Ye Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 92415,(909)337-8308 COVARRUBIAS,JOSE P www.vly7"axCollector.coin 829 N MAYFIELD AVE SAN BERNARDINO CA 92401 PROPERTY ASSESSMENT CNTL-0029823 i Description I` 'ASSESSED VALVES J Land 31000 Improvement Fixtures 71000 Improvement Penalty Personal Property Ytce}1 Number. Q$rll Number Tax Rate Area Personal Property Penalty © O Total Tax Rate- Homeowners Exemption 7000 Other Exemptions 01404044440,.. 130026707 0007012 1.339400 Net Value 95000 (s)Owner(s)of Record ()First Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 0 Service Agency_ For Inform tt n COVARRUBIAS,JOSE P 11-01-2013 $639.03 Gd1 =" 9 0 CO COVARRUBIAS,MARIA(SP-JOSE) *SAN BERN TAX VECTOR 955.62 m Second'Installment Due SAN BERN VECTOR CONTROL 800 442-2283 5.62 SAN BDNO COMM COLLEGE BOND 909-382-4022 39.80 o)Property Address 02-01-2014 $639.01 SCHOOL BONDS 909-381-1164 728.25 829 N MAYFIELD AVE SAB y SCHOOL STATE REPAYMENT .00 ,n Total ,,�c SB VALLEY MUNI WTR DBT SVC Taxes Due 909-387-9200 Is4.37 Make checks payable to SBC Tax Collector 7 Legal Description CITY S50FTW 1/2 LOT 8 BLK 62 EX ST 8:_Important Messages Para informacion de su factura de impuestos de propiedad en espariol, por favor visite www.colecciondeimpuestos.com o(lame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL rnemil■ ' irst Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COIVI • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT f � State of County of' trio binei/d/l10 ) r i 4 /4 b before me, 1I/'/c £ /2 44,7 fI l ehe- On ✓ , ,71 , fG(here insert name and title of the off r) personally appeared (_./e& - 7 LSD l/onv6/o S'. /1/7a7/0 6/Ja, d6/e7 5 per-senatly,-knowa tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)•is/are subscribed to the within instrument and acknowledged to me that lief-she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. • WITNESS my hand and official seal. THE 811.I.A :' 4. COMM. 111559039 `_ (•" Notary Public•California `' „;;;;,/ San Bernardino County Comm.E res Mar,13 2004 S gnature of Notary Public (Seal) 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mast be j! 1 e p�/�� properly completed and attached to that document The only exception Is if e q,,1/24 document to to be recorded outside of California.In such instances,any alternative• le or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not requite the notary so do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer),Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form(/required. - • State and County information must be the State and County where the document Number of Pages ct Document Date S7 ZZ2JZG, signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed, (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ 'Partner(s) the county clerk. ❑ Attorney-in-Fact Additional information Is not required but could help to ensure this it ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ✓e Indicate title or type of attached document,number of pages and date. ❑ Other * Indicate the capacity claimed by the signer. If the claimed capacity is a • corporate officer,Indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CA PA v12.10,0 OW Au«is ionofProRui•nal NoisieS&CSA1100.T)At6S www.nonrycluwcan II kf. , Sin QQi11 I me City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 829 N.Mayfield Ave. San Bernardino, CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: )1`1 F'' / 7 Was the homeowner contacted? ))/� Commission Recommendation for Program: NO c Commission Notes: / i 1 'L / ''' ......esi ma/4 71e 4. i-e D )frvse . v,, / ) r t Commissioner Name: /Vi f:,',/61,46""G,� g- t ate: As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act progr,«; a , certify that this property does qualify for consideration of a Mills Act •" '•,. �/ / Commissioner Signature: ,,/C�.l/Iir .i/ /_r �� _�!�_ . . Commissioner Contact Information: CC //I- /,0- 9- 7-,-3 7'� Horne 9a7,-- ? ? 267 San lea 10 City of San Bernardino Mills.Act Historical Preservation Commission Recommendation Property Address: 829 N. Mayfield Ave. San Bernardino, CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: Was the homeowner contacted? Commission Recommendation for Program: YES / NO Commission Notes: � W ;I( o 4-,w o © 7.‘.) Commissioner Name: .stv . ® — 61,-o .c Date: If-1 S -13 As a representative of the. Historical Preservation. Commission,. I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: — Commissioner Contact Information: 0 9- O,5'—6'/17 Non Bel I no • City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 829 N.Mayfield Ave. San Bernardino,CA 92401 Owner: Jose Covarrubias In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 Date of Inspection/Windshield Survey: IV G 1f.4n,Ge r 1 7 t az 13 Was the homeowner contacted? f Uli Commission Recommendation for Program: ES / NO Commission Notes: Y . l.t/z.P.P C?.Q4iLy;;t gif o Commissioner Name: 011.., )7,.,yi JCS . Date: / /3 As a representative f the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: / *AA, „ . .4i.e, !!/re Aft iJofnaeie Ann Rg( li Commissioner Contact Inf,rmation agl w.shert i.Road IL\\ Mn Bernardi ino,a 92407 b./— fa-v— 8'86—gery 2 , _4444.4 iYt!pi, € Y44gro, corn • Lisa Sherrick From: James Smith<pgpJsmith©hotmail.com> Sent: Tuesday, November 19,2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From:Sherrick_Li@sbcity.org To: pgpjsmith @hotmail.com CC:Stewart To @sbclty.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject: RE:Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted Individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N.D St. San Bernardino,CA 92418 Office(909)384-7276 Fax,(909)384-5080 www.sbcitv.org www.facebook.com/sbcitveov From James Smith[mailto:pgpJsm[th @hotmail.com] ,. Sent: Saturday,..November 16, 2013:8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house.Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, • Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick Li @sbcity.org To: aeadesign @verizon.net;vcorbel@hotmall.com; pgpjsmith @hotmail.com;joe @joearnett.com; 1 Ursa Sherrick ANNUM From: suzearp©gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: Wednesday,November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I.have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian.,.both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him ' about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission? Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li(a,sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick • Administrative Analyst II,Community Development City of San Bernardino . 300N. DSt. San Bernardino, CA 92418 Office(909)384-7276 Fax(909) 384-5080 www.sbcity.org wwvv.facebook.com/sbcitygov • 1 II 2013-347 Recorded in Official Records, County of San Bernardino 12126/2013 RECORDING�REQUESTED BY aw DENNIS DRAEGER 3:23 PM Lisavl eryl f'' ANWiN ) ASSESSOR — RECORDER — CLERK SG ANDSAN 8&WNARd �t WHEN RECORDED MAIL TO: aktl (k J`nL c no 1 P Counter COMNEVA14 •Vt t).J 4*%tL d Doc#: 2013-0551126 Titles: 1 Pages: 24 8, 300 . 1) skretA �j��� Fees 0.00 SCAnnTE�i�) eh Other 0.00 ,p ZIP CODE ,p .e L.,�,,,,, ?tico„a, PAID $0.00 SPACE ABOVE FOR RECORDERS USE ONLY \C\ 5\rOIC•RYCS?t1741\)11("e-S0(k)CAW ity,i ,e1ieft,lid--. Title of Document t- 1 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2013-347 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this,16th day of December by and between the City of San Bernardino,a municipal corporation ("City"),and Jesse and Regina Hernandez("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 3098 North Arrowhead Avenue, 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 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 16, 2013 ("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 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 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 County Assessor,the State Department of Parks and Recreation,the State Board of Equalization and/or 3 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 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 instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall 5 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 City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Jessie and Regina Hernandez 3098 North Arrowhead 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 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, 6 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 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. 7 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 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated:\- -1 ki 1 CITY OF SAN r RDINO By: ATTESTED TO: By: Dated:Le_Ligt_42-0/. j 0 ner M► .� kb, Own:rer Approved as to form: rl 4-OrilandeZ, GARY D. SAENZ City Attorney By: 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Sir) ttriViVi i i,-)0 On j)-/ q- before me, C,�l( f I Yl Il-Ciy,l( n otcyt Date Here Insert Name and Tina of the Officer personally appeared J eSSC. ke.4(nC00 L Gl 1-2){1 lyC' �{'✓{ , �° z Name(s) of igner(s) who proved to me on the basis of satisfactory evidence to be the persor(�s whose nam i are) subscribed to the within instrument and acknowledged to me that he/she/V) executed the same in his/her/ e, authorize ies]} and that by ALICE MITCHELL his/her/ e signatur on the instrument the Commission# 1936811 perso or the entity upon behalf of which the z ."'! Notary Public-California z perso acted, executed the instrument. San Bernardino County D I certify under PENALTY OF PERJURY under the laws My Comm.Expires May 16,2015 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: { 2 %/4 Q l� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ri s c r ?r rky Pre c1-icv Title or Type of Document: £( rn04- Document Date: - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited General ❑ Partner— ❑ Limite -E General ❑ Individual ❑Attorney in Fact ❑ Individual ,--❑TAttorney in Fact ❑Trustee ,,a-Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other;- Signerks Representing: Signer Is Representing: ©2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 (0 , State of California t t County o L 5 C 1 0 T.)er p a t G j I0 6 ;;) On I,..9--- ) I c1 113 before ma,a 7 ' CO 6 l C. C_'C L` t'�'C '1 (1 Date � }} Here Insert Name a,• -of the +ffic-r personally appeared (�? t C1 To J i4, ` p Name(s)of Signer(s) a 9 who proved to me on the basis of satisfactory t evidence to be the person,(.ej whose name*"is/are- subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in •1 t his/hleeir' authorized capacity¢ies), and that by t -•... BRENDA GRACE LEGGITT his/her/their signature(s)--on the instrument the ^i .- .:�`.�- Commission 0 1985138 9 t Notary Public-California person(;or the entity upon behalf of which the 9 y '� erso acted, executed the instrument. 1 `,; !/ San Bernardino County p : tComm. res 11,2016 g• I certify under PENALTY OF PERJURY under the , tlaws of the State of California that the foregoing 9l t4 paragraph is true and correct. 9] WITNESS my hand and official seal. it i ; �� I x :91 Signature. S�-'i,,.. ...-.1 ✓, , 7/� ,p f" Place Notary Seal Above Signature of Notary Public V 1 i" OPTIONAL ,. t Though the information below is not required by law,it may prove valuable to persons relying on the document t ( and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Doc me7n t • Title or Type of Document: N 1/6 /-I l„ � (I �'l��i 0 ( ( e z S • Document Date: Number of Pages: ) Signer(s) Other Than Named Above: P. • Capacity(ies) Claimed by Signer(s) tSigner's Name: Signer's Name: 9. t ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): II Individual RIGHT THUMBPRINT ill Individual RIGHT THUMBPRINT ti a OF SIGNER OF SIGNER ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here A. El Attorney in Fact El Attorney in Fact �1 ❑ Trustee ❑Trustee al • ❑ Guardian or Conservator ❑Guardian or Conservator �l • ❑ Other: ❑Other: 9 Signer Is Representing: Signer Is Representing: 2. .— • ..... — - -• ......_..._..._„n_,.._.._. _.-..•_,. • \_.ti..\_'•_.. ._..,... • .._, ..•_ • \_'._.,,\'._.`\_.. ._ t ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Y-Iseitchimsto RECORDING REQUESTED BY: Lois Lauer Realty-Escrow Division Order No.127517 Escrow No.21381 parcel No.0152-203-02 AND WHEN RECORDED MAIL TO: JESSE HERNANDEZ REGINA HERNANDEZ SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S)THAT DOCUMENTARY TRANSFER TAX IS$253.00 and CITY$ ® computed on Rill value of property conveyed,or ❑ computed on full value less liens or encumbrances remaining at the time of sale. ❑ unincorporated area: ® San Bernardino,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Stephanie Louise Grijalva,a Married Woman as her sole and separate property hereby GRANT(S)to: Jesse Hernandez and Regina Hernandez,husband and wife as Community Property with the Rights of Survivorship the following described real property in the County of San Bernardino,State of California: The East 127 feet of the North 60 feet of Block 2,Tract No. 1792,Homestead Tract,in the City of San Bernardino, I County of San Bernardino,State of California,as per Plat recorded in Book 28 of Maps,Page 29,in the Office of the County Recorder of San Bernardino County. Date February 8,2013 viOf t9 -1.4,1f/e._ Steph ie Louise Grijalva to be a and certified rtifiied $true,rlgtrial cprr- "trPiii,or STATE OF CALIFORNIA }S.S. By Lo. .uer inc.Escrow Div- COUNTY OF ()Gt- )Qi YltW� tb } On Z.I%(t 3 ,before me, '-�lJ .. Co b c a - . Notary POUR, Notary Public,personally appeared t_ :� ?, �: . '*hay • . ?.' r OA who proved to me on the basis of satisfactory evidence o be the person(s)whose name(s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under theiaws of the State of California that the foregoing paragraph is • true and correct. 4,„�;�„ JODi CASTENADA „ WITNESS y hand and official s> • N ” CoMM 0 1866321 �►'";:E; NOTARYPIMUC•OAUFORNu (Seal) ` 'a;r f s ei taltrio cirri " Signature Mk. 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(t4YOD . ?•P:._ 7l3 kjirictiota___ IA paktt(6_ -do .-lairDorn___remit)e..), ____repac'z' IADIAL cio_uliec SinA__Iwirror, • # � fi; 4 0,1t o � w. _vim y County of San Bernardino , F �, .. �r Larry Walker • Auditor-Controller/Treasurer/Tax Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 Mailed to HERNANDEZ,JESSE www.MyTaxCollelctor.c orn 3098 N ARROWHEAD AVE PROPERTY ASSESSMENT CNTL-0023378 SAN BERNARDINO CA 92405 „„rrte b f x* r.= , t - 023 x Land 52288 Improvement Fixtures 104574 Improvement Penalty Personal Property Personal Property Penalty 0 Parcel N umber 0 Bill Number 0 Tax Rate Area 0 Total Tax Rate Homeowners Exemption m r,' , ,_:.1_,,,,,,,„ 130047937 0007001 1.339400 Other Exemptions x ,,7� .? - .4,-, ; 156862 QQwne1(4 kf ReCCrd , is O First Installment Due TAX DISTRIBUTION AS OF JAN 01,2013 ID Service Agency For Information Call Amount GRIJALVA,STEPHANIE LOUISE 11-01-201 $1 053.31 GENERAL TAX LEVY 1568.82 Second Installment Due 'SAN BERN VECTOR CONTROL 800-442-2283 5.62 SAN BDNO COMM COLLEGE BOND 909-382-4022 65.72 G Fropert4Odress T . 02-01-2014 $1,053.31 SCHOOL BONDS 909-381-1184 211.76 �;, SCHOOL STATE REPAYMENT .00 3098 N ARROWHEAD AVE SAB '- ; n Total W-1":,-,',...1'-',,-,-,:-:,-;.t , SB VALLEY MUNI WTR DBT SVC 909-387-9200 254.90 Taxes Due 't,l ag Make checks payable to SBC Tax Collector ®(egal Des.ii one ..,. .: , ; .. ... ..'.1% .. TR NO 1792 HOLMSTEAD TR E 127 FT N 60 FT BLK 2 R)Important Messages Para informacidn de su factura de impuestos de propiedad en espanol, por favor visite www.colecciondeimpuestos.com o flame al(909)387-8308. KEEP THIS PORTION OF YOUR TAX BILL First Installment is delinquent if not paid by 12-10-2013 Second Installment is delinquent if not paid by 04-10-2014 MEMO COPY ONLY PAY ONLY IF THE TAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN PAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.MYTAXCOLLECTOR.COM I SO ri n0 City of San Bernardino Mills Act Application Property Information / -, Property Address 91'f A 1 7. AL,/, L I '1 l APN: 1S2 •- 203- Q2 Owner Te jdL Owner Address 2)(9qi ArraD4eadi9v e Owner Telephone Number:DaytimeJl 5Z5-lqn Evening `6- 7 E-Mail Address: p.55I 1✓,e rae IL i )i Us f Property(Residential or Commercial...please describe) riff" E6ta.e/6P San , 'ro Mills Act Application Checklist To apply for participation in the Mills Act Program, please submit the following: Completed Application Form Completed Ten-Year Plan for Property Improvement: The cost of each years projects should equal or exceed 50%of your last property tax bill. For example,if your property tax bill was$3000.00, each project should be estimated to cost$1500.00. ,A Copy of Grant Deed with legal description of property /Copy of most recent property tax bill: Sample tax bill included in information pack. o $200.00 Non-Refundable Application Fee. If your property is not selected for the Mills Act your check will be returned to you. The documents listed above must be received by the Community Development office no later than: 5:30 P.M. Thursday, October 31, 2013 If you have any questions please call Community Development at 909-384-7276. n .._.--... San ' r `YD City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation Property Address: 3098 N.Arrowhead Ave San Bernardino,CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: l NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: I Me Was the homeowner contacted? Commission Recommendation for Program: C '% / NO Commission Notes: 11,, ,S o t,,,.,e_ ;5 v e■rAi u)4241 nn o ,� 1,.,.eci . LA- LA)a((. c in cx a SS.e,-Ef- AL.1 yn i \6S Ac 4--, cJ Commissioner Name: S�,U�, E,� ��,,�,,�— Q`, ue�S Date: /1-/(p - 13 As a representative of the Historical Preservation Commission,. I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature:_ r_Lo, (LAN, Commissioner Contact Information: ,0 9— O s —(,`//7 , 41 Mena RO • City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 3098 N.Arrowhead Ave San Bernardino,CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: /lJ I ? j/.3 Was the homeowner contacted? /)p Commission Recommendation for Program: V / NO Commission Notes: : �`/ . _., 'Ai 0.4 f Commissioner Name:si_d 4,f at_ ��AI►,„ _ / �� Date: // /!) /e€i 13 As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature: y hns:Ann.Rauh Commissioner Contact I 'ormation: Jo w,sharfdan toad San Bernardino,CA 92407 e(dhnn tc , rQ /p� e YQ.liov ,co rh San Bern, mn City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 3098 N. Arrowhead Ave San Bernardino, CA 92405 Owner: Jesse Hernandez In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-505-1978 Evening: SAME Date of Inspection/Windshield Survey: jjJ Was the homeowner contacted? Commission Recommendation for Program: YES NO Commission Notes: 54 " c7 rre- J r / ra q1111 AI < e/4:7 P/my, / k " ua' s- 6 — d rJ /774/ ' /ehr74,occ=. Commissioner Name:JY'CAD/ac R.. a Date: /1 1� As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act pro:"am and certify that this property does._ qualify for consideration of a Mills Act c snit. ct.// �►/# Commissioner Signature: Commissioner Contact Informat en: l'e// — -, 1-4'17e ° �a ac_Sse> Lisa Sherrick From: James Smith<pgp„jsmith @hotmaii.com> Sent: Tuesday, November 19, 2013 10:07 PM To: Lisa Sherrick Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From: Sherrick_Li@sbcity.org To: pgpjsmith@hotmall.com CC:Stewart_To@sbcity.org Date: Mon, 18 Nov 2013 15:52:20-0800 Subject:RE:Mills Act Commissioner Recommendations Hi Jim, Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick Administrative Analyst II,Community Development City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Office (909)384-7276 Fax(909)384-5080 www.sbcity.org www.face book.com/sbcitvsov From:James Smith [malit:o:pgpjsmith@hotmall.com] Sent: Saturday, November 16, 2013 8:46 AM To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgiving! My wife and I will be out of the country until November 23rd. Tnx, Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick_Li @sbcity.org To: aeadesign @verizon.net;vcorbel @hotmail.com;pgpjsmith @hotmail.com;joe @joearnett.com; 1 • Lisa Sherrick From: suzearp(d3gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: • Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: FW: Mills Act Commissioner Recommendations Hi Lisa, I have checked them all out and I approve all of them. Most especially the houses at 700-800 blocks of Arrowhead-those two I am very happy about-the one with the rock poach and the other Victorian...both good saves.The house on Serrano is very nice-and I'm glad someone in that neighborhood is taking advantage of the Mill's Act-hopefully that home owner will help us spread the good news. I ran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and.told him about all the applicants and that made him pretty happy too. He is also willing to attend our planned workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Thanks for making us get these back to you....making us finish anything is always a bonus with this Commission! Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li @sbcity.org>wrote: Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino 300N. DSt. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbcitygov 1