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HomeMy WebLinkAbout05.I- Community Development 5.1 RESOLUTION (ID #2791) DOC ID: 2791 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Tony Stewart M/CC Meeting Date: 12/16/2013 Prepared by: Lisa Sherrick, (909) 384-5057 Dept: Community Development Ward(s): 1,5, 7 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Mills Act Preservation Agreements with Arturo Maldonado Casas, Genaro Contreras, Jesse and Regina Hernandez, Esmeralda and Miguel Osorio, Maria and Jose Covarrubias, Raymond and Lori Cain, Jo E. Thomas, Maricela Alberto, and Sandra and David Olivas. (#2791) Current Business Registration Certificate: Not Applicable Financial Impact: Some nominal loss of property tax revenue annually, depending on property tax reductions. Motion: Adopt the Resolution. Synopsis of Previous Council Action: November 7, 2005 -Mayor and Common Council adopted Resolution 2005-363 establishing the application process, review procedures, and required contract provisions for the implementation of the Mills Act Program. December 18, 2006 - Mayor and Common Council amended Resolution 2005-363, changing the application period from November to October, and authorize two Mills Act Agreements. December 3, 2007 -Mayor and Common Council amended Resolution 2005-363 to include the use of a City Register of Historical and Architecturally Significant Properties for the purpose of Mills Act eligibility, and authorize one Mills Act Agreement. December 18, 2008 -Mayor and Common Council adopted Resolutions authorizing the execution of five Mills Act Agreements. December 7, 2009 - Mayor and Common Council adopted Resolutions authorizing the execution of two Mills Act Agreements. February 19, 2013 -Mayor and Common Council adopted a Resolution authorizing the execution of one Mills Act Agreement. October 7, 2013 - Mayor and Common Council adopted a Resolution allowing the waiver of the $200.00 application fee for property owners wishing to apply for the Mills Act Preservation Agreement. 0 Background: Updated: 12/11/2013 by Henry Empeno Jr.C Packet Pg.90 2791 The Mills Act is a state law designed to provide financial incentives for property owners that restore and maintain historic residential and commercial properties. The Mills Act involves property being assessed using a different methodology, the result is a reduction in property taxes paid by the property owner. The owner agrees to invest the savings into the property with the purpose of protecting and preserving the characteristics of historical significance of their historic property. Applications for 2013 Mills Act Agreements were accepted from October 1 through October 31. Prior to the deadline, eight property owners submitted complete applications. The Historic Preservation Commission (HPC) conducted a Mills Act Workshop at the Historical Society and also wrote an editorial to the Sun Newspaper explaining what the Mills Act is and how it can help homeowners. There was one application submitted in the prior year. Analysis: Upon the adoption of this Resolution, the property owner will enter into a 10-year preservation agreement, beginning December 16, 2013, and remaining in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section(s) 8 or 9 of the agreement. During this time the property owner(s) will be required to reinvest all property tax savings into rehabilitation or maintenance of the historic property. The agreement requires the property owner to preserve and maintain the historic significance of the property, and to carry out the rehabilitation and maintenance projects specified in their application materials. In accordance with Government Code Section 50286, if the City cancels an agreement due to breach by the property owner, or for the owner's failure to restore or rehabilitate the property in accordance with the agreement, the property owner shall be required to pay a penalty to the County Auditor. Upon the adoption of this Resolution, the City will have 22 residential Mills Act contracts with San Bernardino residents. Recommendation Adopt the Resolution. City Attorney Review: Supporting Documents: Mills Act Resolution (DOC) reso 2791 (PDF) Casas Agrmt (PDF) Casas Contract (PDF) Contreras Agrmt(2) (PDF) Contreras Contract (PDF) Hernandez Agrmt (PDF) Hernandez Contract (PDF) Osorio Agrmt (PDF) Osorio Contract (PDF) Covarrubias Agrmt (PDF) Packet Pg Updated: 12/11/2013 by Henry Empeno Jr. C 5.1 2791 Covarrubias Contract (PDF) Cain Agrmt (PDF) Cain Contract (DOC) Thomas Agrmt (PDF) Thomas Contract (PDF) Alberto Agrmt(PDF) Alberto Contract (PDF) Olivas 845 Mayfield Contract(DOC) Olivas Agrmt (PDF) Updated: 12/11/2013 by Henry Empeno Jr.C i P 1 RESOLUTION NO. 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 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute nine 9 y Mills Act Preservation Agreements, attached and incorporated herein as Exhibits A through I, o 10 with the following persons and for the following locations: Q 11 a a 12 A. Arturo Maldonado Casas 801 N. Arrowhead Avenue a 13 B. Genaro Contreras 358 W. 8 Street N 14 C. Jesse and Regina Hernandez 3098 N. Arrowhead Avenue 15 16 D. Esmeralda and Miguel Osorio 728 N. Arrowhead Avenue N 0 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 a H. Maricela Alberto 835 Mayfield Avenue 21 22 I. Sandra and David Olivas 845 Mayfield Avenue 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 2$ Packet;Pg.93' I 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 meeting 8 thereof,held on the day of , 2013,by the following vote,to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 00 11 MARQUEZ °- a a 12 JENKINS a 13 VALDIVIA 14 SHORETT 15 VACANT 16 N 0 17 JOHNSON L 18 MULVIHILL E 19 s 20 a 21 Georgeann Hanna, City Clerk 22 The foregoing resolution is hereby approved this day of ,2013. 23 24 PATRICK J.MORRIS, Mayor 25 City of San Bernardino 26 Approved as to form: GARY D. SAENZ, 27 City Attorney 28 By. - Packet Pg,94 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, by 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 o r Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of Q CL such historic property so as to retain its characteristics as property of historic significance. a a 2. Owner holds fee title in and to that certain real property, together with associated structures N 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 N E attached hereto as Attachment"A"and incorporated herein by this reference. a 3. By authorizing this Agreement, the Common Council hereby designates the Historic y U Property as a Qualified Historic Property as defined by Resolution 2005 —363,Section 5. m 4. City and Owner desire to enter into this Agreement for the purpose of protecting and ca preserving the characteristics of historical significance of the Historic Property that help provide the a community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 1 P ackef_.Pg.95 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 0 (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is .Q CL delivered as provided in Section 3 of this Agreement. a 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 E by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon a Owner,the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty(60) days U prior to the Renewal Date, ff either City or Owner serves a Notice of Nonrenewal in any year, this m Agreement shall remain in effect for the balance of the term then remaining. �a 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the a 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 ratter 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 deerns 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 Packet Pg.96 5. Standards for Historical Property. During the term of this Agreement, the Historic Property p Y 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 c 0 Property to conform to the rules and regulations of the Office of Historic Preservation of the California 0 Q CL 0. Department of Parks and Recreation, the United States Secretary of the Interior Standards for a Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic N 9 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 E in the same or better condition as documented in said photographs. Q C. Owner shall carry out specific restoration, repair,maintenance, and/or rehabilitation projects on the N �a U Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this d 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, a 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. b. 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 Packet Pg.97 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 c Y yearly administrative fee of seventy-five dollars ($75.00). CL Q. 8• Breach of Agreement: Remedies. Q A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City N 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 E notice of violation, or within such a reasonable time as may be required to cure the violation (provided a, a the acts to cure the violation are commenced within thirty(30)days and thereafter diligently pursued to N m U completion as determined by the City in the exercise of its sole discretion), the City may, without d fin-ther 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 a 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 '1 Bernardino as required by Government Code section 50286. �rry 4 Packet Pg.98 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-listoric 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. 0 B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by Q any entity authorized to exercise the power of eminent domain, and the acquisition is determined by a the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be N cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. N 10, Waiver. City does not waive any claim of default by Owner if City does not enforce or E rn a cancel this Agreement, All other remedies at law or in equity which are not otherwise provided for in N U this Agreement or in City's regulations governing historic properties are available to the City to pursue a� in the event that there is a breach of this Agreement. No waiver by City of any breach or default under v 0 this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default a 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 S Packet Pg.99 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 o concern the land by enhancing and maintaining the cultural and historical characteristics and Q Q. significance of the Historic Property for the benefit of the public and the Owner. a Q 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided y at the address of the respective parties as specified below or at any other address as may be later " N specified by the parties hereto: E City: City of San Bernardino rn City Manager's Office N 300 North D Street t° San Bernardino,CA 92418-0001 v aD Owner: Arturo Maldonado Casas 801 North Arrowhead Avenue w San Bernardino,CA 92401 Q 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 1 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, G Packet Pg. 100 liability, toss, 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 o incurred by each of them. The costs, salaries and expenses of the City Attorney and members of Q a his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a Y a for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, N 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. N Y E 16, Binding__,Upon Successors. All of the agreements, rights, obligations, covenants, a N reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the N �a U benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons a� acquiring any part or portion of the Historic Property, whether by operation of law or in any manner Y Y whatsoever. a 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. Packet Pg,101 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 c M notification. .Q Q. 20. Amendments. This Agreement may be amended, in whole or in part, only by written a a recorded instrument executed by the parties hereto. N 21. Governing Law and Venue. This Agreement shall be construed and governed in ti accordance with the laws of the State of California. Any action at law or in equity brought by either of E the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be a tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the N m U United States District Court for the Central District of California, Riverside Division, and the parties d hereby waive all provisions of law providing for a change of venue in such proceedings. Q 8 Packet Po.-162' HISTORIC PROPERTY PRESERVATION AGREEMIENT ("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: 0 ATTESTED TO: a a By: a N Dated.: Owner ti N E Owner a N Approved as to form: N �a U _ GARY D. SAENZ E City Attorney � R By: a 9 Packet Pg. 103 5.Lb RECORDING REQUESTED BY: Ticor Title Company of California ANO WHEN RECORDED MAIL TO: ART111W X&LWN&W CAW 801 N. ARSOWBZAD AVF. SAN BERPdAItU-INO, CA 92411 THIS SPACE FOR RECORDER'S USE ONLY: Escrow No.: 015576-JH Title Order NO.: ga17762 GRANT DEED THE UNDERSIGNE=D GRANTOR(S)DECLARE(S)TRANS FIER TAX is$123.20 [XI computed on full value of property conveyed, or I j computed on full value less value of liens or encumbrances remaining at time of sale. N City of San Bernardino AND C [ ; Unincorporated area [X� ty o FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, o .Q a Di Yu,a Single Woman Q .r hereby GRANT(s)to: ARTURG MALDONADO C.ASAS, A SINGLE MAN Q N 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 ad Ave.,San Bernardino,CA 92411 Also Known as: 801 N.Arrowhe AP#:0140-221-28 E L Q N tC N ttt V DATED June 27,2011 •' ��" -'~� a=i STATE OF CALIFORNIA,( E r---;Y_T�� COUNTY OF o / 4 _ v On 1 fl r M before me, "� Q A Notary Public i nd said State personally appeared who proved to me on the basis of satisfactory evidence „ Y HO person(s)whose names) islare subscribed to the within instrument and acknowledged to me that helshelthey Comm,#1936780 ROTARY MUC•CUORNIA U1 executed the some in his/her/their authorized eapat itnt th, � LOS ANOaES COUNTY and that by hislherltheir signature(s) on the instrument the rr,t,% (AY C�Ma.Exp.JUNE t2,2015 t” person(s), or the entity upon behalf of which the person(s) rrr+.i•u r rrroa-s wv..r.w............•S acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws 01"1110,State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature MAIL TT A MENT. TO PA TY SHOWN HELO ;IF NO PARTY SHOWN,MAIL AS DIRECTED A8 E; Packet Pg. 104 5.I.b Exhibit"C" Y S - SSA BP lair ' Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year i c �ea�.e,,Dq f p ge ore /v`O0.dC o Year 2 ,eu7 6 t s Od, Ov Q Year 3 °- a 500 Up Year 4 J N Year S f Vlb S i Ct .. 15 6(). 0C N Year 6 _ 00.0 o E L Year 7 a Year 8 U k = Year 9 E E Year 10 w gao, oo a *See attached list of potential rojects. 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. packet Pi.-Io &il Bern ino City of San Bernardino Mills Act Application property Information. Property Address c 0 A c ro w h•ec d A J-e, N C O APN: v Q CL Q Owner A is r o ` `�yy aAj o ro o-d o Q ctS Q S a • / N owner Address 9,01 &5 , A v- rooks L 'd cy N Owner Telephone Number:Daytime �!� -'t-71 " 93 6&ning�_ E L a F,Mail Address: N M U Use of Property(Residential or Commercial...please describe) v to • Q Packet Pg. 106 5.Lb i . c Or y• y stn Larry Walker'� 1`d' 1 t a • 0 4r a a Co 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 wwwa ItvlyTaxCo11ector.c®,m S01 N ARROWHEAD AVE PROPERTY ASSESSMENT CNTL 0029828 SAN BERNARDINO CA 92411 � t_tiCINAR Land 22440 Improvement Fixtures 59160 Improvement Penalty Personal Property Personal Property Penalty 1 a 3 4 Homeowners Exemption Other Exemptions 1="f} rJ 13002673Q 0D070i2 1.3394DD j� x ,1 C ��1��`4t3t$�Zar•_ �1 r.yx 81600 O i TAX DISTRIBUTION v (s�Owner(s)o(-Record v T ' - _ AS OF JAN 01,2013 11-01-2013 l 9549.29 Q GENt:RAL TAX LEVY 8 i 8.80 CASAS,ARTURO MALDONADO SAN SEAN VECTOR CONTROL BOO 42-22a3 5.62 to a SAN BDNO COMM COLLEGE BOND 909-382-4022 3 4.19 Q 02-01-2014 $549.28 SCHOOL BONDS 809-381-1184 110.18 U C6�PY6{}2rtyAddY85s SCHOOLSTATEREPAYMENT .00 Q f 801 N ARROWHEAD AVE SAS 7otat ' SBVALLEYMUMWTRDBTSVC 909.387-9200 132.80 N 'n — Taxes Due Make chocks payable to SSC Tax Collector ')7Legai Description r` CITY 5 48 FT LOT 4 BILK 63 (�{mp,rtant Message, �� — E Q y 113 to f0 U Pare infarmeeion de su factura de impuestos de propledad en espanol, per favor Visite www-colecciondeimpue$t*S.COM D Ilame at(909)387-8308. _ KEEP THIS PORT-ION OF YOU RTAX BILL d WON Mi. v First Installment is delinquent If net Prtld by 12-10-2013 Q Second Installment is delinquent if not paid by 04.10-2014 BMW Mw E 'M C 0"" waft"'ff N I V PAY ONLY W THE `SAX IS NOT PAID BY YOUR MORTGAGE COMPANY YOU CAN pAY ONLINE VIA E-CHECK OR CREDIT CARD AT WWW.NIYTAXCOLLECTOR.CC)M Packet Pg. 107 5.Lb $dti�P�[I 1llA City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation- property Address: 801 N.Arrowhead Ave. Sari Bernardino,CA 92401 Owner: Arturo Casas In Reconnaissance Report: / NO owner Telephone Number: Daytime 909471-2369 EVening: o M U CL Date of Inspection/Windshield Survey: t ,moo ! 3 Q Y V a Was.the homeowner contacted? A) Commission Recommendation for Program: ES / NO ti N Commission Notes: U r c d E v tv r r • a a Commissioner Name: Aate:_�1-!5 _/ 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: ° U`7- a —Co q 17 Packet Pg. 108 5.Lb ►�Il�Gl'll Ii10 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-0 Date of Inspection/Windshield Survey: )lriiA,Ay /'� ea/;�✓ Q a Was the homeowner contacted? _N Commission Recommendation for Program: YES / NO N E Commission Notes: fin. Q J-5 R J fC � U t AY4.�4 Of ----a 0� a=i 6y& a Commissioner Name: :5 Dater/ /. 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: IoFcnrsie Ann Rar ph Commissioner Contact Info ation: 825 W.Sfierldan goad. � San Bcrnartflno,CA 92407 Packet Pg. 109 5.Lb ail�CCII� IitO 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: o w Date of Inspection/Windshield Survey: a r Q Was the homeowner contacted?--bl Commission Recommendation for program: YES:)/ NO N E L Commission Notes: Q N N fC E 6l/ /�l a Commissioner Name: 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 Commissioner Signature: Commissioner Contact Information: Packet Pg. 110 S.Lb Lisa Sherrick From: James Smith<pgp,,jsmith @hotmall.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, .lames Smith From: Sherrick_Li @sbcity.org To:pgp.jsmith @hotmall.com CC:Stewart To@sbcity.org N Date: Mon,18 Nov 2013 15:52:20-0800 0 Subject: RE:Mills Act Commissioner Recommendations Q Hi Jim, Q Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not Q as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick c, Administrative Analyst 11,Community Development City of San Bernardino 300 N. D St. E San Bernardino, CA 92418 rn Q office(909)3847276 cya Fax(909)384-5080 www.sbcity.or& v www facebook.com/sbcity8av _ d E From:James Smith [mailto:pgp-jsmith @hotmall.com] _w U U Sent: Saturday, November 16,2013 8:46 AM To Lisa Sherrfck a 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 Packet Pg. 111 Lisa Sherrick From. suzearp @gmail.com on behalf of Suzie Earp<earps@csusb.edu> _ Sent: Wednesday, November 20, 201310:51 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 Pm 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. o M Thanks for making us get these back to you....making us finish anything is always a bonus with this a Commission! °' Q Suzie Q N On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@,sbcity.or >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. E rn Q N t0 N Lisa A. Sherrick v Administrative Analyst II,Community Development City of San Bernardino ;a Q 300 N. D St. San Bernardino,CA 92418 Office t909)384-7276 Fax(909)384- www sbcity.org www.facebook.com/sbeilygo v 1 Packet Pg. 112 5.Lc HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , by 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 v, c 0 contracts with the owners of qualified historic properties,as that term is defined in Government Code Q Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of a a v such historic property so as to retain its characteristics as property of historic significance. Q N 2. Owner holds fee title in and to that certain real property,together with associated strictures and improvements thereon, generally located at the street address 358 W. 8"' Street, San Bernardino, N California "Historic Property").A grant deed description of the Historic Property is attached hereto as N ( P r E L Attachment"A"and incorporated herein by this reference. a fn 3. By authorizing this Agreement, the Common Council hereby designates the Historic d Property as a Qualified Historic Property as defined by Resolution 2005—363,Section 5. v 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 r Q 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 Packet Pg. '113 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. N _ 0 2, Renewal. Upon each anniversary date of this contract ("Renewal Date") an additional one CL (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is a delivered as provided in Section 3 of this Agreement. a N 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 E L by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon a Owner,the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty(60)days a 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 r Q 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 Packet Pg.114 5. Standards for Historical Pr oper . During t he tern 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. 0 B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Q Property to conform to the nrles and regulations of the Office of Historic Preservation of the California Q r Department of Parks and Recreation, the United States Secretary of the Interior Standards for a N Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic r Property on the effective date of this Agreement is documented in photographs on file and available in N The Owner shall continual( maintain the exterior of the Historic Property the City Manager's Office. y ope ty E L in the same or better condition as documented in said photographs. Q C. Owner shall carry out specific restoration, repair,maintenance,and/or rehabilitation projects on the L w c Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this Y 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. a 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 shalt 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 Packet Pg. 115 City, as may be necessary to determine Owners compliance with the terns 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 0 expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a .Q yearly administrative fee of seventy-five dollars($75.00). a a w 8. Breach of Agreement: Remedies. a 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 corrected o the reasonable satisfaction of City within thirty 3 `✓ violation is not cted t ac tY t ty ( 0) days after the date of E L notice of violation, or within such a reasonable time as may be required to cure the violation(provided a V) the acts to cure the violation are commenced within thirty(30)days and thereafter diligently pursued to L c completion as determined by the City in the exercise of its sole discretion), the City may, without U 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 w a 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 Packet Pg. 116 11 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 0 will have been destroyed. B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by C any entity authorized to exercise the power of eminent domain, and the acquisition is determined by a N 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 N Agreement is cancelled pursuant to this Section. r E 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or Q N cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in d this Agreement or in City's regulations governing historic properties are available to the City to pursue 0 U 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 o t. a 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 Packet Pg. 117 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 concem the land in that they restrict development of the Historic Property. City and Owner hereby further declare their c 0 understanding and intent that the benefit of such covenants, reservations and restrictions touch and .Q concern the land by enhancing and maintaining the cultural and historical characteristics and °- Q r significance of the Historic Property for the benefit of the public and the Owner, a I3. 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 N specified by the parties hereto: iz E L City: City of San Bernardino Q City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 0 U Owner: Genaro Contreras d 358 W. 811' Street San Bernardino,CA 92401 a 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 Packet Pg.118 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 0 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 a Y his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a 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 N received by City,its e lected officials employees,or agents. Y E 16, Binding Upon Successors. All of the agreements, rights, obligations, covenants, a reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the as benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons c U acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. �a Y Y Q 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 Packet Pg.119 In h event that an of the provisions of this Agreement are held to be 18. Seyerabrltty. the Y P � 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 0 six (6) months of entering into the contract and shall provide the City with evidence of such Q notification. Q w 20. Amendments, This Agreement may be amended, in whole or in part, only by written a N recorded instrument executed by the parties hereto. 21. Governi -Law and Venue. This Agreement shall be construed and governed in N accordance with the laws of the State of California. Any action at law or in equity brought by either of E the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be Q tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the L United States District Court for the Central District of California, Riverside Division, and the parties 0 U hereby waive all provisions of law providing for a change of venue in such proceedings. E a 8 Packet P4.120 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 N By; o w a a d ATTESTED TO: a By: Dated: N Owner N_ E L Owner d Approved as to form: d 0 U GARY D. SAENZ City Attorney = m E By: d 9 Packet Pg. 121 ' S.i.c ' Y Y Recorded in Ofl}clal RacoMc,Coanly o18aa Bdrhdrafnd'''�h�R/LUft s a Iwo= DENNIS DRAEGER EM AM /RFChORDING REQUESTED BY ( „ ASSESSOR�- RECORDER — CLERK £� AND W�IIMN R D MAIL TO: 7 P Counter Genaro Contreras 19437 Lurelane Street Doc#: 2011—0469724 Titles: 1 Pages: 2 Rialto, CA 92376 F as 28.00 6II Other 0.00 Space Above This Line for Recorder's Use Only ._. A.P.N.:0140-212-30-0-000 Order No.: Escrow No.: 4'RANT ®DIED THE UNDEMONED GRANTOR(s)DECLARE(s)THAT DOCUMENTARY TRANSFER TAX IS:COUNTY [ ] computed on full value of pm rty conveyed,ox (( l) computed on full value less value of liens or en 1 mbranccs rtmaining at time of sale, unincorporated area; [X j City of San Bernardino ,and o FOR A VALUABLE CONSIDERATION,Receipt of which is hereby acknowledged, _v Maria Contreras,an Unmarried Woman a CL a hereby GRANT(S) to Genaro Contreras,a Single man Q the following described property in the City of San Bernardino,County of San Bernardino State of California; N 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: N 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; a� Q Thence North 0°6'West, 150 feet to a point; N L Thence East 65 feet to a point on the west line of Mayfield Avenue,which point bears North 0 061 West,150 feet from the point of beginning; O U Thence South 0°6`West along the West line of Mayfield Avenue 150 feet to the point of beginning. m E U f6 � Q GRANT DEED CONTINUBD ON NEXT PAGE ' Mail'fax Statemams to: SAME AS ABOVE or Address Noted Below Packet Pg. 122 S.Lc 0140-212-30-0.000 CONTINUATION OF GRANT DEED /L c � .� aria IItreras Document Date: N2vembU 10,2011 STATE OP CA ORN )SS CoTiaY OP.-M'i f mamd{h ) m ' J1 be gy big-me, 'U'I �Q �.`�` '^s�'�~ S a notary public in and for said state,personally appeared I V t Q I/t0. i'l Y'emng.5 who proved to me an the basis of satisfactory evidence to be the persons)whose utsmeo)isfare subscribed to the within instrument and acknowledged to me that h Shc/ ey executed tlu same in his er heir authorized oapacity(ice),and that by h (her eir signatures)on the instrumcnt the person(s),or the entity upon be elf of rn which the persons)acted,executed the instrument, G O T certify under PENALTY OP pMUURY under the laws or the State of Catifomia that the foregoing paragraph is true and correct. M U ,Q WIT FSS my ban and aPficisl set'`" O 0-d Q v Signature Q �r01MM111�s' A{ (Seal) $11110PIM*10 051.84 2015 ti N N a-. E L i71 Q to N L d L O U m t tts Q Packet Pg. 123 Exhibit"C" SiIA�P lA0 Mills Act Program Ten-Year Rehabilitation Plan City of San Bemardino Year Proposed Project(s)* Estimated Cost Year 1 N Year 2 2 ir b00, cad a Year 3 y i r Year 4 N Year 5 �6U, 0 0 Year 6 Ck �k �-- rho 60, o D E Year 7 Year 8 00 5 .0 0 L Year 9 ' 1 00,0 Year 10 E )d0 0,0 w *See attached list of potential projects. Use a ditional sheets it-necessary a Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. Packet Pg. 124 5.1. w� r i . S . . ; 2013 ANiN�IA� `:S4GURt"Q PROPERTY TAX Btt_L . FI CALYt=A#•i JULY 01',2013'70 Jl1NE 30;2014. . 1721�!e•Lfhlr .Stta�t:S��Ber�d:�sitltu,.GA.9241.5,(slp0)..367 83Q$_, ".. 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You can p9y online yEa.a-check or credit card 8t � P g �Il cciyr6ctlbns�4h 4 *ea -:0 �j E nd ANNUAL TAX.6p,L � FISCAL YERR JULY Ot,2013 70 JUNE 9.9,2014 140630 Q ,+ PAY`THIS AtVl4W�NT 1Q02fi95 04-1.0-2014 Fay+rienis.Postmarketi by 04-10-2014 SEND THIS STUB WITH YOUN SCC.OND INSTALLMENT PAYMENT are emsldered thely PARTIAL PAYMENTS WILL RF RETURNED Matte checks 1s Payable to: SBC Tax Callbator yiz �ti 172 W.Third Stfk—F rat Floor San Bernardino CA 92415-0360 2ND e39TAUMENY PLUS 10%PENALTY,PW$010,00 C09r. 102 1 130026645 2 .2 14.914.JaD000044774 8 00000050251 8 .r r,'f�:l; yri.• ✓y.�."�'r.`,: �. :•cs ,°i�••'i ''i'3 y4'�:;r4.l.�i k'tni� '4fa� YKi.i y,.'�'`�"'j+i�'::i _ Ste' l a1e!'s1-•'•' ` t:,,'::.'.:.:. �•�„�, .. �. t �.: ' a �.. 4, 1 �. ictiartga'of talilt%g' : as3r.`. ltptie iitiitbei. 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' pltsgsg? ►bvldp a( ct�CrecltOns ryn tha Y21( >sr1 sides You can gay online via a-check ar credit card�t � ' o d?z u r,v.M y Ta x C#j,0 e t.n ist CL ANNUAL TAX eil 1. :.•::'4� , a FISCaLYEaR JULY 01,2013 TO JUNE10;'2014 aPAY THIS-AMOUNT BY t 1 N 10002669s 12-10-2013 t SEND.T HISS`fU9WOR YOUR FIRST MSTALI.MlENT:'pAyMfiNT PA onsdor dtfinekedby 12.10.2018 PARTIAL PAYMENTS WILL K aeTURNEI) Make cbecks s payable to: SRC Tax Collector r.` Imo` �* $ '' 172 W.Third Street,First Floor r tier crsuuex�stn r�us tos varu�rr. San Bemardlno,GA 92415-0360 E t� Q N 102 1 130026695 2 1 1312.10 00000044776. 3 00000049254 6 0 d o U c m E v ca Q Packet Pg. 126 r• City of San Bernardino Mills Act Application Property Information Property Address_ 3 $' t�) �� �.�,Q o w V APN: (} 1 �d �- �� a -3 o - o U CL CL Q Owner Cr ,e- Ncl.r U w ,e r G, S Owner Address 3 Lo g S�r e--,C+ N ry�/ Owner Telephone Number:Daytime f 0 6�'� �Evening E rn Q E-Mail Address: m L L O Use of Property(Residential or Commercial—please describe) tr w L � v ca .r _ _ Q ■ Satl� sna City of San Bernardino Mills.Act. Historical Preservation Commission Recommendation property Address: 358 W. 8��'Street San Bernardino,CA Owner: Genaro_Contreras In-Reconnaissance Report: YES /. NO N C O Owner Telephone Number: Daytime 949-963-4274 Evening: Q Q. . a Date of Inspection/W-indshield Survey: a Was the homeowner contacted? o� ti N Commission Recommendation for Program: YES / NO N r+ �-�~ E Commission Notes: :+- vim; 11s.sol b-e 3 E a Commissioner-Name: W e -- °y aS Date: A's a .representative of the Historical. Preservation Commission,. 1 have reviewed understand the criteria of the Mills Act program, and certify that this property does qualify far consideration of a Mills Act contract. . Commissioner Signature: PA .L-; 0� Commissioner Contact Information: Packet Pg. 128 `an�P411a oil 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 N C O Owner Telephone Number: Daytime 909-963-4274 Evening: a a Q Date of Inspection/Windshield Survey: Q N Was the homeowner contacted?--_--- ye) ti Commission Recommendation for Program: ES / NO `f E Commission Notes: .� Q L l L M. r ` 0 L4 ( A )T�z CAA U F = d E L V O rr Q Commissioner Name: Date: /j /l`)1"/,3 As a representative f the Historical Preservation Commission, r have reviewed understand the criteria of the Mills Act program, and certify that this property does quay for consideration of a Mills Act contract. . Commissioner Signature: �1 Johnnie.AmRafph Commissioner Contact Info ation, �.- � $2I 12,sue, 1800d San 13M ar4W,CA 92407 �dhah�c , rer. /v4 C Y"ao , Carr, Packet Pg. 129 Isa City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 358 W. e'Street San Bernardino, CA Owner: Genaro Contreras In Reconnaissance Report: YES / NO 0 Owner Telephone Number: Daytime 909-963-4274 Evening: .Q l a Date of Inspection/Windshield Survey: a N Was the homeowner contacted? (� o� Commission Recommendation for Program: YES NO N_ E i Commission Notes: AO 0 Lo er4oC 1!1 h 7S7 rite+; 0 .,-- in tti�f wlrt 1 ;, Fozp G'' iOrrGyj� _ w E r L .r+ Commissioner Name: Dater As •a(representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act pr gr . , and certify that this property does qualify for consideration of a Mills Commissioner Signature. Commissioner Contact Information: 9111-me� Packet Pg. 130 S.I.c Lisa Sherrick suzearp@gmaii.com on behalf of Suzle Ea rp<ear s csusb.edu> 1 Sent: Wednesday, November 20,2013 10:51 AM ; To: Lisa Sherritk Subject: Re: PW: 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 hire in about all the applicants and that made him pretty happy too. He is also willing to attend our planned 0 workshops..,so that is more good news.Also-Jinn M.will help with the designation for Arrowhead Hotsprings. .Q Thanks for making us get these back to you....making us finish anything is always a bonus with this a Commission! Q Suzie — T On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@sbcity,org>wrote: I need to have our Mills Act recommendations ASAP if you have an questions or Just a reminder that y y y q concerns please let me know. E L Q L Lisa A. Sherrick P _ 0 Administrative Analyst 11,Community Development v u a� City of San Bernardino E U 300 N. D St. a San Bernardino,CA 92418 Office(909) 384-7276 Fax(909)384-5080 www.sbcity.gg www,facebook.com/sbcitygov i Packet Pg. 131 5.I.c Lisa Sherrick From: James Smith<pgp_Jsmith@hotmaii.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 N c CC:Stewart_,To @sbcity.org ° Date:Mon, 18 Nov 201315:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations o. Q .r Hi Jim, 4 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. 5; Should you have any questions, please let me know, rn ti Lisa A.Sherrick Administrative Analyst ll,Community Development N City of San Bernardino. 300 N.D St. E San Bernardino,CA 92418 Q Office(909)384-7276 L Fax(909)384-5080 P www.sbcity.org c www.facebook.com/sbcitygov U From:James Smith[mailto:pgp_jsmith @hotmai(.com] Sent: Saturday,November 16, 2013 8:46 AM E t To:Lisa Sherrick s Subject: RE: Mills Act Commissioner Recommendations a 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; pgp_jsmith @hotmail.corh;Joe @joearnett.com; i Packet Pg. 132 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIIS AGREEMENT is made on this, 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 U Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of a o. Q such historic property so as to retain its characteristics as property of historic significance, Q N 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 N Bernardino, California ("Historic Property"). A grant deed description of the Historic Property is E L attached hereto as Attachment"A"and incorporated herein by this reference. N d 3. By authorizing this Agreement, the Common Council hereby designates the Historic L 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 s preserving the characteristics of historical significance of the Historic Property that help provide the Q 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. t Packet Pg,133 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 C delivered as provided in Section 3 of this Agreement. Q 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 N Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served E by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon d ss Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty(60) days = a� prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in an y year, this = _ Agreement shall remain in effect for the balance of the term then remaining. E 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the a 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 Packet Pg. 134 5. Standards for Historical Property During the term of this A eernezrt h gl , 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 sous to maintain its historical and cultural significance. N C B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic r Property to conform to the rules and regulations of the Office of Historic Preservation of the California C Department of Parks and Recreation, the United States Secretary of the Interior Standards for a N 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 ti v the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property E in the same or better condition as documented in said photographs. N C. Owner shall carry out specific restoration, repair,maintenance, and/or rehabilitation projects on the d Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this = c reference. All such projects shall be undertaken and completed in keeping with the historic nature of E t U the property. Projects may be interior or exterior, but must utilize all property tax savings. a 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 Packet Pg. 135 City, as may be necessary to determine Owner's compliance with the terns 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 c 0 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). 0. a 8. Breach of Agreement: Remedies. Q N 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 N violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of E L notice of violation, or within such a reasonable time as may be required to cure the violation (provided N the acts to cure the violation are commenced within thirty(30)days and thereafter diligently pursued to L d completion as determined by the City in the exercise of its sole discretion), the City may, without = r c further notice, declare Owner to be in breach of this Agreement, Upon City's declaration of Owner's E U breach, City may pursue any remedy available under local, state, or federal law, including those a 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 Packet Pg. 136 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 N C will have been destroyed. °- r �a B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by a a any entity authorized to exercise the power of eminent domain, and the acquisition is determined by Q M 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 N Agreement is cancelled pursuant to this Section, L 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or N a� 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 = c in the event that there is a breach of this Agreement. No waiver by City of any breach or default under E s U this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default Q 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 deeiued 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 Packet Pg 137 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 N C understanding and intent that the benefit of such covenants, reservations and restrictions touch and °— s U concern the land by enhancing and maintaining the cultural and historical characteristics and a a significance of the Historic Property for the benefit of the public and the Owner. a N I3. 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 N v specified by the parties hereto: E E City: City of San Bernardino a City Manager's Office 300 North D Street San Bernardino,CA 92418-0001 d c Owner: Jessie and Regina Hernandez E 3098 North Arrowhead Avenue San Bernardino,CA 92405 r a 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 su9h terns,provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of CitX. 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 Packet Pg.138 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 N C 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 a a his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a 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 N received by City,its elected officials,employees,or agents. E L 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, N reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the L d benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons = c acquiring any part or portion of the Historic Property, whether by operation of law or in any manner E R whatsoever. a 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 Packet Pg. 139 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. Q. a 20. Amendments. This Agreement may be amended, in whole or in part, only by written a UJ recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in N accordance with the laws of the State of California. Any action at law or in equity brought by either of E L the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be N a� v tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the L d 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. E t w a s Packet Pg. 14p - HISTORIC PROPERTY PRESERVATION AGREEMENT (G°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: c 0 r ca .Q ATTESTED TO: a By: N Dated: ti Owner w E L Owner Q N d Approved as to form: c M as x GARY D. SAENZ c City Attorney E U By: a 9 Packet Pg. 141 5.Ld J 1 1 RECORDING REQUESTED BY- L. ois Lauer Realty-Escrow Division ! order No,127517 Escrow No.21381 j parcel No.0152-203-02 { AND WHEN RECORDED MAIL TO: f JESSE HERNANDEZ REGINA HERNANDEZ i i 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 S N computed on full value of property conveyed,or c ❑ computed on full value less liens or encumbrances remaining at the time of sale. ❑ unincorporated area; ® San Bernardino,and ; U i Q FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, ! Q Stephanie Louise Grljatva,a Married-Woman as her sole and separate property � Q 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 Nortlt b0 feet of Block?,Tract No. 1792,Homestead Tact,in the City of San Bet ardil,o, ! Y f County of San Bernardino,State of California, as per PIat recorded in Book 28 of Maps,Page 29,in the Office of the County Recorder of San Bernardino County. a Date February 8,2013 ! N Q) c F L 4Steph L true�rtd _ C ,rfifiied to be rlgln A corn ,t 0 or i' d i E STATE OF CALIFORNIA ) i suer Inc.E.e° On+• COUNTYOF On before me, No TyZLbLc Notary Public,personally appeared ti 'j C0 0.- ! who proved to me on the basis of satisfactory evidence lo 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 i 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 I certify under PENALTY OF PERJURY under the-laws of the State of California that the foregoing paragraph is true and correct. 4 9 JODI CASTENADA� 1 WITNESS my hand and officials GOMM.#183832t to -° NOTARYPURUC-CA/V.ORNIA �►! Seal SAN OERNAR0IN0 000ATY Signature.. ( ) >1 MY COU,EM NOV,12,pats mail Tax Statement to.SAME AS ABOVE or Address Noted Below Packet Pg. 142 _��Y-4 )&4_ __f3l_�1-ou-1,&r ro, 7 10- 1 � Q ---•------- 1 � a n1 l a � y (� L -- ._...__._..._._._.._....,...._.._.----------------------_..__..._.._...__._--- 1 ,,�, � E 61�d- �A- wf4- ----------------- -4u) � IJI 61n- ------------ - --- - - --- = Packet Pg.144 i } .....------- ............ Ll-n--- -po 4 Doi/ AOai� CL 70-V--&- .......... -------/.- FR .......... Packet Pg. 145 S.I.d Nfi � K R IS } 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West Third Street,San Bernardino,CA 9241 S,(909)387-830f3 Mallledta . HEANANREX,JESSE www.MyTax Collelctol R Vol M 3098 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN BERNARDINO CA 92405 v CP}TL-002,378 Land 62288 Improvement Fixtures 104674 Irnprovemerrt Ponelty Personal Properly Personal Property Penalty ::`'r•'' ' Homeowners Exemption Other Exsinptfons •�,, •< q., .;• � 130047937 0007001 1.339400 •; ;ta; ::^":'°" O . . .. 158882 r�ti�'• '�r.�S 5 rF•.• R SrsM A' ' s TAX DISTRIBUTION y AS OF JAN 01,.2013 p ' CL G RIJALVA,STEPHANIE LOUISE 11 01.201 St 3.31 GENERA4jAXLEV(, CL l0 - • ISM tlERNVEGTORQONiROL 890+W2.2263 r� 9Ati,6tlNC dOI66LLEQE 13OND 909-982.4022 Y �� 02-01-2014 $1,tl53,31 S6H001 80NbS'" 909 81-1164 R � • 96 N ARROWHEAD AVE SAS �r SCHOOLSTiATE REPAYMENT 30 4{ y N total 98VALLEYMUNIWrRDBTSVO 909-387-9200 2�{. Taxesoue Make checks payable to SBC Tax Cou ecter 'lte N4ts t* r q �� 0— - a) N01792 HOLMSUAO TA E 12Y fT N eO FT Bt.K 2 �IYYll7QT�811 ' i!��� - tf :tr,.•. . E .:«� Para tnformacibn de su facture de impuestes de propleded en espancl, ` 0) por favor visits www,colacciondelmpuestos-corn o llama at(909)387-8308. _ KEEP THIS PORTION Or-YOUR TAX BILL +� _ ar E First Instailment Is delinquent If not paid by 12-10-2013 U td Second Installment is delinquent If not paid by 04-10-2014 a 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 Packet Pg. 146 S.Ld 7 �u �Q City of San Bernardino Mills Act Application Property Information Property Address APN: 12 .- 203- 02 w U Q Q. Owner Q U Q N Owner Address a) �, Owner Telephone Number:DaytimeL�1� Evening -iv t� ► w E L E-Mail Address:...,,� C-Jf !� , N _ _ Us f Property(Residential or Commercial...please describe) x 0 _ m E U t4 r Q Packet Pg. 147 r Y. . t j cif bm to Mills Act Application. Checklist To apply for participation in the Mills Act Program,please submit the following: Completed Application Form N C O /years m pleted Ten-Year Plan for Property Improvement: The cost of each 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 a estimated to cost$1500.00. Copy of of Grant Deed with legal description of property T N Copy of most recent property tax bill: Sample tax bill included in E information pack. a N N C ❑ $200.00 Non-Refundable Application Fee. If your property is not E selected for the Mills Act your check will be returned to you. _ E The documents listed above must be received by the U Community Development office no latex than: a 5:30 P.M. Thursday, October 31, 2013 If you have any questions please call Community Development at 909-384-7276. n Packet Pg. 148 .... San Bin Ana 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:MRS / NO N C Owner Telephone Number: Daytime 951-505-1978 Evening: SAME o CL R V .Q Date of Inspection/Windshield Survey: Ode. a h Was.the homeowner contacted? yJ-6 o� Commission Recommendation for Program: ES / NO E E L Commission Notes: �, .S �, o „ e- 1 a L -�LR--fit: k l s Ac4p .r c a E s M a Commissioner Name: QL-uLS Date: 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: J M�,,r -© acs✓ Commissioner Contact Information: Packet Pg. 149 5.Ld �1l�PxQ� Illfl 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 �a .Q Date of Inspection/Windshield Survey: �rfy� p�„ j a 1 Q Was the homeowner contacted? p �' T Commission Recommendation for Program: / NO N r E as Commission Notes: ` Q ' N f Q� C C L d C d E s .r Q Commissioner Name: Date: 1 As a representative efthe Historical Prgservation Commission, I have reviewed understand the criteria of the Mills Act progrrfm, and cert6 that this property does gual ify for consideration of a Mills Act contract. . Commissioner Signature: Commissioner Contact In ormation: Jnt s!t. annRa*h W..S�iwidan toad —�_ 3dn Rt;QrAno,CA 92407 gohnn ec Packet Pg. 150 5.I.d rho In In 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 N C Owner Telephone Number: Daytime 951-505-1978 Evening: SAME ° u .Q Date of Inspection/Windshield Survey: r a v Q Was the homeowner contacted? N Commission Recommendation for Program: YES NO N E L r Q Commission Notes: -.57!�vC4r-et-'- .� N U t..� d E U f� Q Commissioner Name; G/j GJ Date; As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the MAn: and certify that this property does_ qualify for consideration of a M Commissioner Signature: Commissioner Contact Informat / Packet P . 151 5.Ld Lisa Sherrick From: James Smith<pgpJsmithQhotmail.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 201315:52:20-0800 Subject: RE:Mills Act Commissioner Recommendations CL .Q Hi Jim, a U Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not _N as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick o> Administrative Analyst II,Community Development N, City of San Bernardino 300 N. D St. San Bernardino,CA 92418 Q Office (909)384-7276 Fax(909)384-5080 c www.sbcity.org L www.facebook,com/sbcltysov _ From: James Smith [maiito:pgp_jsmith @hotmail.comj Sent: Saturday, November 16,2013 8:46 AM To: Lisa Sherrick U Subject: RE: Mills Act Commissioner Recommendations a 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_Ll @sbcity.org To: aeadesign @verizon.net;vcorbel@hotmail.com;pgpJsmith @hotmaii.com;joe@joearnett.com; k Packet Pg. 152 5.Ld Lisa Sherrick From: suzearp@gmail.com on behalf of suzle Earp<earps @csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM To: Lisa Sherrick Subject: Re: t=W: 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 Q Commission! Suzie Q N On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li a sbcit .org>wrote: ti Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know, a� Q N d Lisa A. Sherrick c _ L Administrative Analyst II, Community Development _ City of San Bernardino E t U 300 N. D St. a San Bernardino,CA 92418- Office(909)384.7276 Fax j90D 384-5080 www-sbcit .ora www.facebook.com/sbcitygov z Packet Pg. 153 HISTORIC PROPERTY PRESERVATION AGREEMENT {'MILLS ACT CONTRACT) THIS AGREEMENT is made on this, by and between the City of San Bernardino,a municipal corporation("City"),and Fsmeralda 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 Goveniment'Code = 0 Y Section 50280.1, for the purpose of providing for the use, maintenance,protection, and restoration of `2 .Q such historic property so as to retain its characteristics as property of historic significance. Q U Q 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 ti Bernardino, California ("Historic Property"). A grant deed description of the Historic Property is w E attached hereto as Attachment"A"and incorporated herein by this reference. a 2 3, By authorizing this Agreement, the Common Council hereby designates the Historic ° 0 Property as a Qualified Historic Property as defined by Resolution 2005—363, Section 5. c E 4. ,City and Owner desire to .enter into this Agreement for the purpose of protecting and w preserving the characteristics of historical significance of the Historic Property that help provide the a 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. I 1 Packet Pg. 154 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 o (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is .Q a delivered as provided in Section 3 of this Agreement. a a 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, y 10 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 E by Owner upon City at least ninety (90) days prior to the Renewal Date, or• if served by City upon a 0 L. Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty(60) days y O prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this E Agreement shall remain in effect for the balance of the term then remaining. w 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the Q 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 d aw its Notice of Non-renewal. 2 Packet Pg.,155 S. Standards for Historical Property. During the term of this Agreement,nent,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 = 0 Property to conform to the rules and regulations of the Office of Historic Preservation of the California 0 Q 0. Department of Parks and Recreation, the United. States Secretary of the Interior Standards for a Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic N Property on the effective date of this Agreement is documented in photographs on file and available in N the City Manager's Office, The Owner shall continually maintain the exterior of the Historic Property E in the same or better condition as documented in said photographs. Q 0 L. C. Owner shall carry out specific restoration, repair,maintenance,and/or rehabilitation projects on the 0 Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this E reference. All such projects shall be undertaken and completed in keeping with the historic nature of c� r the property. Projects may be interior or exterior, but must utilize all property tax savings. Q 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, s may be necessary to determine Owner's compliance with the terms and provisions Y. Y Y p p ions 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 ilriprovement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a c cc yearly administrative fee of seventy-five dollars($75.00). .Q 8. Breach of Agreement,Remedies. a 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 ti N violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of E L notice of violation, or within such a reasonable time as may be required to cure the violation(provided a 2 L. the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to 0 completion as determined by the City in the exercise of its sole discretion), the City may, without E further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's w a 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, fallowing a duly noticed public hearing in accordance with Government Code section 50285, that it is subject to cancellation pursuant to Government Code Section 502$4. 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 50256. 4 Packet Pg. 157 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, 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. c B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by a CL a any entity authorized to exercise the power of eminent domain, and the acquisition is determined by a the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be y cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the ti N Agreement is cancelled pursuant to this Section. E L 10, Waiver. City does not waive any claim of default by Owner if City does not enforce or Q 2 L. cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in o this Agreement or in City's regulations governing historic properties are available to the City to pursue d E in the event that there is a breach of this Agreement. No waiver by City of any breach or default under w w a 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 ii I 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 o r concern the land by enhancing and maintaining the cultural and historical characteristics and U Q a significance of the Historic Property for the benefit of the public and the Owner, a 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided N at the address of the respective parties as specified below or at any other address as may be later ti specified by the parties hereto: N E L City: City of San Bernardino Q City Manager's Office 2 340 North D Street 0 San Bernardino,CA 92418-0001 0 w c a� E Owner: Esmeralda and Miguel Osorio 728 North Arrowhead.Avenue Q 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 Packet Pg. 159 - ' S.Le 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 o incurred by each of them. The costs, salaries and expenses of the City Attorney and members of `-' .Q a a his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, N cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any ti N received by City,its elected officials,employees, or agents. , E L 16, Binding Upon Successors. All of the agreements, rights, obligations, covenants, Q 0 reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the o benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons d E acquiring any part or portion of the Historic Property, whether by operation of law or in any manner w whatsoever. Q 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 Packet Pg.-6 18. Severability. In the event that any of the provisions of this Agreement are held dtobe 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 0 notification. 1° Q 0. 20, Amendments. This Agreement may be amended, in whole or in part, only by written a recorded instrument executed by the parties hereto. N 21. Governing Law and Venue. This Agreement shalt be construed and governed in N accordance with the laws of the State of California. Any action at law or in equity brought by either of E L the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be Q 0 tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the 0 United States District Court for the Central District of California, Riverside Division, and the parties E hereby waive all provisions of law providing for a change of venue in such proceedings, w w a 8 Packet Pg.1161 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") IN WITNESS WHEREOF, City acid Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: N C O v ATTESTED TO: a By: a N Dated: Owner N 04 E L Owlier a O Approved as to form: N O � c GARY D, SAENZ E City Attorney .r w By: a 9 5.Le Electronically Recorded in Officlal Records,County of San Bernardino 112$12012 DENNIS DRAEGER iz.,igPM RECORDING REQUESTED BY. so Orange Coast Tide Company-Bulkier Services ASSESSOR•RECORDER-CLERK 868 Orange Coast Title Co. WHEN RECORDED,MAIL TO: l=smerafda Osarfo Doc#: 2012-0029886 Titles: 1. Paws: 2 726 North Arrowhead Avenue alias Taxe San Bernardino,CA 92401 other 209.00 PAID 231,09 0*0"JRDE .'0123970713 r gSCROW a-CH TRA 007006 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED o The undersigned Grantor(s)declare that the DOCUMENTARY TRANSFER TAX IS: 2 $209•Wcounty •- XX computed on the full value of the Interest of property conveyed,or a .._...computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale, a —OR transfer is EXEMPT from tax for the following reason Q N FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged,Canterbury Lots 68,LLC . MEREBYGRANT(S)to Esmeralda Oaorio, a Single Woman and Miguel A. Osorio, a Single Man as Joint Tenants, a� Alt that real property situated in the City of San Bemwcllno,County of San Bernardino,State of Califomla,described as: The legal description Is attached hereto as Exhibit W E L Dated:December 29,2011 a 0 STATE OF N COUNTY O s' O Canterbury Lots 66,LLG O ,before me, c !J a Notary Public, E p sa a ly ared By: M who a s--on-lfilb ba s of satisfactory evidence to Wohard B.Munkvold, CFC0 Q be the person(s) whose name( are subsrxi ed to the within Instrument and a knowled ed to me thaZ31hetthey executed lugm e J hi sd thelr authorized capacity(les), 4--ta SAN HEATHER L,COROmADO aXe that ber/the r sfgnature(s) on the Instrument the Commission No, 192"95 person(a), entity upon behalf of which the person(s) NOTARY PUBLIC4WIPORN� acted,executed the Instrument eeaNARa,no000NTY . M y Comm.axpires MARCH 29,20% 1 certify er ALTY OF PERJURY under the laws of the S*Cia e foregoing paragrap h is true and co WITNl seal. Signat (SEAL) all Tax Statements to: SAME AS ABOVE or Address Noted Bolow ---- .......... . _. . Packet Pg. 163 5.I.e 0, ` Exhibit"C" ,San�e ilt�� Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 Year 2 OD v. 0 U ° l0 r%ri �c �d U Year 3 a 000. 40 Year 4 a 4 J N N C fYi �laC (� O.(3 `' M Year 5 Year 6 �r -� e600. O 0 Avoi-e- L- 0 0 Year 7 6 v o Year 8 0 p 0 P � �� tOva-� J.0 cx •rs, o`Zt�bD. D v d Year 9 Year 10 w *See attached list of p tential projects. Use additional sheets if necessary I 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. Packet Pg. 164 Sin�e tpo City of San Bernardino Mills Act Application Propga Information Property Address 0 m v APN: y�,, a CL Q Owner CS tk.arr ELI c 01- N Owner Address 7AS is) A r r o Lo Ltr.,ct A,2,e.. N Owner Telephone Number: Daytime Evening TD 9-S'3 7 -3d E . rn 0 E-Mail Address: C!2 rri r. r-p�I c(a Q,,i j, n a `o O Use of Property(Residential or Commercial—please describe) a Packet Pg. 165 a • • f - • • Larry Walker • • • Collector 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 Woat Third Street,San Sernardlno,CA 92416,(909)387=83b8 Mailedto 0SOR10,ESMFRACDA .._.......................-._.---...__.__-____.._.-.___-.-,---- ,__-_-,_�.—.._ www.My.TaxCoilecto°---.___r.con 728 N ARROWHEAD AVE PROPERTY ASSESSMENT SAN 13ERNARDINO QA 82401 CN�� Land 68140: Improvemant Fixtures 136660 Improvement Penalty ' � �,•':�q Personal Property Personal Property Penalty 1 3 Homoownere Exemption oth@r Exarnptlgnb •,.,:-. ... . W� "` t"���t, 130626926..:-__-,=7006 • y ,. - 3^. . w. :�,w::.- w '•. ;f 3 y� ? c 193800 - ,.. O N�.�° r ffa) Tax DISTRIBUTION �_ V AS 0 F JAN 01,2013 tit OSORIO.ESMERALDA 11.01-2013 S1300.89 pCNEHAf f tEVY ' .< CO OSOR10,MiGUELA Io 3AMHEgNVECTOR0OttfROt 80,442228 T r 8_ Q Sd1N Bt1N0'COMMGOLLEGE80N0'••'`'� .:x"09$B� "� �� ��k� � ;`, 1�> ... 0 S130 SCHOOL OONDS AOU$91=118 ` r far ' V Frd`4; Q 728NAROWHEAD.SAS SCHOOLVATEREPAYWNT _ lid;� � t�1 II Tetai 88 VALLEY MUNI VOR 09T SVC 909 687:0 ,; t�r,(C fi Taxes Due �•..e�YL' �i Y 44iw� Make oheake payable to 87t00 Tax Cotl•otor F t Now . 1 •� 'G:'-iYfrC.it y A 21„•S :S4' r CITY COM50FraOFNECCR LOT IBLK61THW187.5FTTHS6e.8PTTHE%7,61+T .. _. •�. N O Pars Informaoldn do•u facture de Impueotca do propledad an eapanol, par favor V181%WWW40160aiondelmpuestas.com o llama al(909)387.8306. KEEP THIS PORTION OF YOUR TAX BILL v IC .r _.-..,,Pirsrt-fnstailment-isdelinquentIf not'pold by 12,10.204a- " 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.MYTAXCOLLEOTOR.COM Packet Pg. 166 • 5.I.e l �r� 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 172 West 1'nird Street,San Bernardino,CA 92415,(904)set-8309 Mailed to OSOR10,ESMERALDA www.MyTaxCollector.com TaxCollector.com 128 N ARROW14EAD AVE PROPERTY ASSESSMENT SAN SEANARDINO CA 92401 OEM C TL- Land d 182 " Improvement Ffxturae Improvement Penalty n•x Personal Property` a' Personal Property Penalty PA a 1 I Homeowners Exomptton �3t10289.3f3._. 000Zfl0&...� 1.3394p0 C 0 TAX DISTRIBUTION AS OF JAN 01,2013 11.Of•2013 28.52 id - CL 080810,ESMERALDA 0ENERAt TAX lE4Y :. y !,, 1 r L CO OSOf310,MICUEL A �S to BERN VECTOR CONTROL-806448-g2 4 `:� dt ?* ✓e Q r SA�(4 9DNO CbMM COl lEii�BOtJO' X09 )Fg 6 02.01-2014 $28.51 •9OHOOL SOND9 808 9D1=1164`; r x`,,, rtl Q it SCHOOLSTATERERAYMENi: h � f Q N Total SSVALLEY MUNI WTROBTSVC G09.987•p r rr TaxesDus Make checks payable to 880 Tax Collector mom1 r' 'AttVµhr•..,. Yai . .'' .Ml�r a;e.. ? � .. - :•: { -? o to CITY PTN LOTS 2 AND 3 390 78.6 F1'S AND 187.5 FT W OF NE COR LOT 1 BLK b1 W 142.5 OT tc1 NTOPOH . . -••�. ...�,;.t:�r :�',:r�.t Agl 141:11i U) .• `�.:.: :mac :.> Para€nformecidn do su factura de lm uestos de propladad on ae ailot par favor viette www.00lecolondeimpuestos.com o Items at(909)387-8908, KEEP THIS PORTION OF YOUR TAX BILL .` •41_x,-y..ti� fr Insteliment-lo•dellsquertt-11-not paid-by-----12-1.0.2013 ..,_.... .. .._.. ....._.. ._.. _.. .. .._ " Seoond installment Is delinquent If not paid by 04-10-2014 MEMO COPY L 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 Packet Pg. 167 J ray' Larry Walker - • •r-Controll(,r/Trea,�iii�er/lax collectol, 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Mailed to 172 West Third Street,San Bernardino,CA 02415,(=I)387-8308 OeoRlo,ESMHRAt DA www..MyTaxCollector.coan__.__T 728 N ARROWHEAD AVE PROPERTY ASSESSA+a1=NT SAN BERNARDINO GA 92401 ONTL-00298 11 tz Land Improvement Fixtures ImprovementPanaky .,. .r•. ,.:} Personal Property "z Personal Property Panalty 1 z ; 4 1 Homeowners Exemption • T _ 13DO2IxM9S. . 0007Q08.,..._ .__..,1.339400_._. , 'M O 1 ' � '� y TAX DISTRIBUTION G AS OF JAN 01,2019 ti U1-2013 .41 t3 O. OSORlO,ESMBRALOA QENeRALTAxtVY 00 OSORIO,MIGUEL A ip 'SAN BERN VEOTOR CONTROL n - 6CNC COfwiM COLLE:dE BOND"- _•;, •tl71p 98= art`» +`2 gh+�•� 1�'YP_: y 02.01-2014 $8.37 SCHOOL BONDS >30�- 1 118ti X1.:21 v Ls. ....: .SCHOOL;&TATS REPAYMENT' •• ;�,i;;;; 01 Q 11 Total SB VALLEY MUNI WTR 013T 8VC Taxes Due Make checks payable to SOO Tex Collector �. OITYS11ITNt17.91`1`0144ITLOT18LK51 UND119INT r.. Q Para informactdn da au facture do lmpuestas de propledod on espaftoi, r 3 :c O por favor visits www.cotecdondeimpuestos.00rn o llama al(909}387-8308. :eYk;.ti ?r %'= °• _ KEEP THIS PORTION OF YOUR TAX BILL `?^{ 4) v ..__._�lrst•illetalirgant-iedt+linquantll-net{3aid•by---•A2-10-20iS-.__.-_ . __ ....._._..__.._-._._.._.----------._..__._._.__.._..__._._.._...,... Second Installment Is delinquent if not paid by 04.10-2014 MEMO COPY 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 Packet Pg. 168 5.Le ;y �ECff Ifllt City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 728 N. Arrowhead Ave. San Bernardino, CA 92401 Owner: Esmeraida Osorio In Reconnaissance Report: YES f NO N Owner Telephone Number: Daytime Evening: 909-827-3467 0 Date of InspectionAVindshield Survey: �' ZE� a U Q Was the homeowner contacted? Commission Recommendation for Program: YES NO N E Commission Notes: Q J6 kea. es) � o >_ s U Q Commissioner Name: As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act am, and certify that this property doss qualms for consideration of a mill s c ttr Commissioner Signature: Commissioner Contact Informati on: Ci Packet Pg. 169 Sao as 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: 909-827-3057 c cs Date of Inspection/Windshield Survey: /0 0 15 9013 a r a Was.the homeowner contacted? t Commission Recommendation for Program: ! NO N E L Commission Notes: (� ��, (� r -sue ► j (I -4 �►) a —/ o O C d E U R a Commissioner.Name; S'Q_.�� tia)� a -C';�( �S Date: 11 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: ,LAAJAjM, (]j� Commissioner Contact Information: Os 0 Packet Pg. 170 �8�PCi�d IIIA 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 Number: Daytime Evening: 309-8273067 0 U Date of Inspection/Windshield Survey: /A rApe A,6,v,, 7 i 1 Q U a Was the homeowner contacted? /0() Commission Recommendation for Program: YES " / NO v E Commission Notes: a 2 L N O w C E t U R Q Commissioner Name: I �� Date: 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: J0AUmte'Ann Ra h Commissioner Contact In ation. 825 w.Sketi( � �e Bernardino,CA 92407 Packet Pg. '171 Lisa Sherrick James Smith smith@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—Ll @sbclty.org To:pgpjsmith @hotmaii.com CC:Stewart_To@sbcity.org Date: Mon, 18 Nov 201315:52:20-0800 2 Subject: RE: Mills Act Commissioner Recommendations Hi Jim, a Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not a as a consensus. Should you have any questions,please let me know. Lisa A,Sherrick a) Administrative Analyst II,Community Development City of San Bernardino E 300 N. D St. L rn San Bernardino,CA 92418 Q Office(909)384-7276 ° Fax;(909)384-5080 ° N www.sbcitv.org O www.faceLopk.com/sbcitvgov _ _ m E From: James Smith [mailto:pgp_jsmith @hotmail;com] Sent: Saturday, November 16, 2013$:46 AM a To: Lisa Sherrick Subject: RE: Mills Act Commissioner Recommendations Hi Lisa, I agree with all the Commissioner's recommendations for each house. Happy Thanksgivingi 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; f Packet Pg. 172 s S.Le Liss Sherrick From: suzearp@gmali.com on behalf of Suzle Earp<earps @csusb.edu> Sent: Wednesday, November 20,2013,10:51 AM To: Lisa Sherrick Subject: Re: FK 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 wilting to attend our planned workshops—so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings, U Thanks for snaking us get these back to you....making us finish anything is always a bonus with this Q Commission! CL a Suzie a On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@sbcity.org>wrote: o, 1, ti N Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please let me know. L a 0 .L 0 Lisa A. Sherrick o w c Administrative Analyst II, Community Development E U City of San Bernardino a 300 N. D St. San Bernardino, CA 92418 Office(909)384-7276 Fay:(,909)384-5080 wWw.sbcity.org www.facebook.com/sbcilygov f Packet Pg. 173 5.Lf HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 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 y c 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 Q such historic property so as to retain its characteristics as property of historic significance. Q y 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 N Bernardino, California ("Historic Property"). A grant deed descri Lion of the Historic E p Property is attached hereto as Attachment"A"and incorporated herein by this reference. 3. By authorizing this Agreement, the Common Council hereby designates th e 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 E preserving the characteristics of historical significance of the Historic Property that help provide the 2 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 Packet Pg. 174 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. N C O 2. Renewal. Upon each anniversary date of this contract ("Renewal Date") an additional one v (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is a w delivered as provided in Section 3 of this Agreement. a N 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 N ,.� Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served E 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 L c� prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this 0 r 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 f° .r a 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 Packet Pg.175 S. 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. N C O 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 Q Department of Parks and Recreation, the United States Secretary of the Interior Standards for a N Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic g T Property on the effective date of this Agreement is documented in photographs on file and available in N the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property E L in the same or better condition as documented in said photographs. N :a C, Owner shall carry out specific restoration,repair, maintenance, and/or rehabilitation projects on the L Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this v reference. All such projects shall be undertaken and completed in keeping with the historic nature of .c the property. Projects may be interior or exterior, but must utilize all property tax savings. a 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 Packet,Pg. 176 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 c 0 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). a 8. Breach of Agreement: Remedies. a UJ 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 N violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of E 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 cc completion as determined by the City in the exercise of its sole discretion), the City nay, without c0) r 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 a 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 Packet Pg. 177 S.Lf 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, 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 O will have been destroyed, .Q B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by a any entity authorized to exercise the power of eminent domain, and the acquisition is determined by N 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 N Agreement is cancelled pursuant to this Section. E "' 13 L Q 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 U c in the event that there is a breach of this Agreement. No waiver by City of any breach or default under E this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default Q 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 Packet Pg.178 S.Lf 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 c 0 understanding and intent that the benefit of such covenants, reservations and restrictions touch and cc CL concern the land by enhancing and maintaining the cultural and historical characteristics and a significance of the Historic Property for the benefit of the public and the Owner. a 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided r at the address of the respective parties as specified below or at any other address as may be later N specified by the parties hereto: E L City: City of San Bernardino N City Manager's Office Q 300 North D Street San Bernardino,CA 92418-0001 0 U Owner: Maria and Jose Covarrubias 829 North Mayfield Avenue E San Bernardino,CA 92401 a 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;not 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 Packet Pg. 179 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 y c 0 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 C his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a 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 N received by Cit y,its elected officials,employees,or agents. E 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 L 0 benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons L) acquiring any part or portion of the Historic Property, whether by operation of law or in any manner t whatsoever. a 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 Packet,Pg. 180 18. Severabiltty. 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 N r- 0 six (G) months of entering into the contract and shall provide the City with evidence of such notification. a Q 20. Amendments. This Agreement may be amended., in whole or in part, only by written a A recorded instrument executed by the parties hereto. 21. Governing Law and Venue, This Agreement shall be construed and governed in N accordance with the laws of the State of California. Any action at law or in equity brought by either of E 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 L R United States District Court for the Central District of California, Riverside Division, and the parties 0 hereby waive all provisions of law providing for a change of venue in such proceedings. E s Q 8 Packet Pg.181 5.Lf 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: o 2 ca .Q a ATTESTED TO: a Y V a By: _N T Dated: Owner E L Owner a Approved as to form: L 0 U GARY D.SAENZ City Attorney d E t By: " r a A � I Packet Pg. 182 5.I.f Recorded In OttloW Reeords,Count'al San Bernardino 8l�11:�008 LARRY WALKER 3:57 PM ` AuditorlConttoller– Recorder Bee p'. i P,eturn to. P Counter TraiisCantinental Title Co. Dot;#. 2006-0523792 Titles: 1 Passes: 4 4033 Tampa Rd Suite 101 ! Fees Oldsmar,FL 34677 rg«es ISM 800-22Z-78,97 Oth 06 1 tax statements to: I � QR'a----�".�'s�0,re JOSE P.COVARRUBIAS 829 N MAYFIELD AVE SAN BERNARDINO, CA 92401 Property Tax ID#:0140-213-17-0-000 N C DOCUMENTARY TRANSFER TAX$ Computed on Hill value of property conveyed,or computed of full value less liens&encumbrances a remaining at time of sale.............................. a Signature of Decla r Agent deterriuning tax y 4r5rt -F1,E c Quit Claim CSMh1cr receiQe6 nc+�;n i r, r, Made this l�T y day of ""—"' D'Z f7C�� ,by and between JOSE P. COVA��IAS: Married To, MARIA COVARRLT 1 S, Grantor, and aJOSE P. COVARRUBIAS, a married person:41MARIA. E COVARRUBIAS, a married perso , EDUARDO COVARRUBIAS, a single person, Joint Tenants wf rights of Q survivorship whose post office address is 829 N MAYFIELD AVE, SAN BERNARDINO, CA 92401,Grantee; �° NVygek ¢rrk t,c. {6 ejon cy 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; U c "SEE COMPLETE LEGAL ATTACHED AS E EXHIBIT"A"INCLUDED HEREWITH AND MADE A PART HEREOF" cvo a 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. 14i`1riilr�'�EM 7 a.– Packet Pg. 183 5.I.f Exhibit"C" Rep ,11, Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 0 L1 a` a Year 2 @© � Q Year 3 �e 46 a Year 4 = cl v Year S 660, 00 N Year 6 E L Year 7 N Year 8 Year 9 fa 'o ef loci r'rS' 1500,60 E Year 10 *See attached list of ential pr jects, Use additional sheets if necessary a 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. Packet Pg. 184 01' San Bern iQlr City of San Bernardino Mills Act Application Property Information Property Address o J .0 APN Lj E t-f0 { �j ! � - 000 a • a Owner w��sl _� e» C> �„ y Owner Address -163 Owner Telephone Number:Daytime 5'd 9-0�5�" Evenin �a__ Y�_�a p 7 a M E-Mail Address: ° 3 L L O Use of Property(Residential or Commercial—please describe) v c P_ ago I-C^ � G1 V cC a Packet Pg. 185 S.I.f t. f 2013 ANNUAL SECURED PROPERTY TAX BILL FISCAL YEAR JULY 01,2013 TO JUNE 30,2014 Maiied to COVARRUBIAS,JOSE P 172 West Third Street,San Bernardino,CA 92415,(909)387-8308 829 N MAYFIELD AVE 2UZ,✓2t-jV9r1TaxC011eCtor.C®1u SAN BERNARDINO CA 92401 PROPERTY ASSESSMENT ?. Laud 31000 3rr + Improvement Fixtures 71000 Improvement Penalty Personal Property 1 1 s q Personal Property Penalty N Homeowners Exemption 7000 130026707 0007012 1.339400 Other Exemptions O (� _V Ow, 95000 ner(s)of y s TAX DISTRIBUTION CL AS OF JAN 01,2013 13 CL GOV/WRUBIAS,JOSE P to-0 S639.03 GENERAL TAX LEV i i Q CO COVAflRUBWS•MARIA(SP JOSE) 'SAN BERN VECTOR CONTROL 950.00 V (a)PYOpertyAddreSS SAN80NOCOMMCOLLEGEBOND 800.442-2283 5.82$639.01 SCHOOL80ND5 808.382-4022 39.80 OT 809.381-1164 128.25 823 N MAYFIELp AVE SAO SCH�L STATE REPAYMENT S9 VALLEY MUNI WTR DST SVC .00 154.37 Make checks payable to SBC Tax Collector r (I)Legal Description ti :1TY550fTW 1/2L0T80W62Ex8T y 1(ajImportant Messages t� a N R 7 L L Para informacidn de su factura de impuestos de propiedad en espanol, > por favor visite www.colocciondaimpuestos.com o Name al(909)3$7.6308, O KEEP THIS PORTION OF YOUR TAX BILL U C d First Installment is delinquent if not paid by 12-10-2013 -� U Second Installment is delinquent If not paid by 04-10-2014 n RAEMO '0% 0 NNOT 0 N LOY il a PAY ONLY IF 'rHE TAX IS NOT PAID By YOUR MORTGAGE COMPANY' YOU CAN PAY ONLINE VIA E-CHICK OR CREDIT CARD AT WWW-MYTAXCOLLECTOR,COM Packet Pg. 186 5.I.f CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of /C,' ) County of <�n 1?9/110rWW ) On r��i / ,. t�l?� before me, 11"Ar !/4�G1/! J OTriJf? �l/*!�/C'.- / (lure insert name andd title of the o(1 r)�` r personally appeared Jb&-�, all C�h/mss /Ul��:t� (-fJUn��U�/��I S N C O pom aj y-lotcw�e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names)�islare subscribed to the within instrument and acknowledged to me that hetshe/they executed the Q same in Wm tefltheir authorized capacity(ies), and that by hi-lher/their signature(s) on the instrument the Q- person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. a N WITNESS my hand and official seal. CHERESACODtitA``� � COMM. 01559039 a m Notary Public California rn Z San Bernardino County 1` M Comm.Exiollres Mar,13 W SgnatureofNolary Public i. (Seal) E t� _ � a N ADDITIONAL OPTIONAL INFORMATION i INSTRUCTIONS FOR COMPLETING THIS FORM L Any acknowledgment completed in California must contain verbiage exactly as R DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mast be >O properly completed and attached to that document. The only erc if eplfon is a U documant 1s to be recorded outside of Calfornia.In such instances,any alternative - aclarowledgment verbiage as may be printed on such a document so long as the (Title or description nfattached document) verbiage does not requIPe the notary to do something that is Illegal for a notary in d Collfornfa(i.e. certifying the authorized capacity of the signer),Please check the E document carefully far proper notartal wording and attach this form))required. s (Title or description of attached document continued) V 1 • State and County information must be the State and County where the document w Number of Pages z Document Date signer(s)personally appeared before the notary public for acknowledgment. Q • Date of notarization must be the data that the signet(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 tide(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 iaeorrect forms(i,e. itnlsheltheyr is lets*)or oireiing tha correct forms.Failure to correctly indicate this • Individual(s) information may lead to rejection of document recording. • Corporate Officer * The notary seal impression must he dear and photographically reproducible. impression must not cover text or lines,If seal impression smudges,reseal 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($) the county clerk. • Attorney-in-Fact ti° Additional information Is not required but could help to ensure this • Trustee(S) acknowledgment is not misused or attached to a different document. Indicate title of type of attached document,number efpages and date. • Other S Indicate the capacity claimed by the signor.If the claimed capacity is a corporate officer,indicate the title(Lt CEO,CFO,Secretary). • Securely attach this document to the signed document eAPAv11.10V Obr Atfoairuoa ofRuftniartat No,ericf4CSA 80617)-9rbS ,r vw.ntndryc(ufa coif Packet Pg. 187 Son Beni 100 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 c 0 Owner Telephone Number: Daytime 909-252-0463 Evening: 909-244-2207 ? Q Date of Inspection/Windshield Survey: Q Was the homeowner contacted? N T ti Commission Recommendation for Program: YES NO E L Commission Notes: � ��// /4z 2 till... i3 E Commissioner Name: 4ate: As a representative of the Historical Preservation Commission, l have reviewed understand the criteria of the Mills Act progra a certify that this property does qualify for consideration of a Mills Act Commissioner Signature: r Commissioner Contact Information: Packet Pg. 188 y. _. XYiTXiIiWiXiX City. of San Bernardino Mills Act Historical Preservation Commission Recommendation, Property Address: 929N.Mayfield Ave. San Bernardino,CA 92441 Owner: Jose Covarrubias In Reconnaissance Report: IW / NO O Owner Telephone Number: Daytime 909-252-0463 Evening:909-244-2207 Q Date of Inspection/Windshield Survey: a a Was the homeowner contacted? T N Commission Recommendation for Program; YES t NO E L 1 Commission Notes: ^' a N _ a> E t v r r a Commissioner Name: As a. representative of the Historical. Preservation. Commission,. Ihave .reviewed understand the criteria of the Mills Act program, and certo that this property does qualify for consideration of a Mills Act contract. . Commissioner Signature- Commissioner Contact Information: 9 O 6—2.oS--(o x L7 Packet Pg. 189 wan se nn na 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 0 Owner Telephone Number: Daytime 909-252-0463 Evening:909-244-2207 Q CL Date of Inspection/Windsbield Survey: 1'7. L3 a a qJ Was the homeowner contacted? AA Commission Recommendation for Program: ES / NO E L n - a Commission Notes: t' - Lq • o L y L �0♦ V _ d E V a 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. . i Commissioner Signature: Commissioner Contact Inf ratio J°� `e Ann Rdpr, m APYA SanBwwr4Go,eA 924i 7 -4� (� r Packet Pg. 190 5.Lf Lipp Sherrick From: James Smith<pgpJsmith@hotmall.com> sent: Tuesday, November 19,201310:07 PM To: a Lisa Sherrick . Cc: Tony Stewart Subject: RE:Mills Act Commissioner Recommendations Please count eight yes votes for me.Thanks. James Smith From: Sherrick Li @sbc€ty.org To: pgp_jsmith @hotmaii.com CC:Stewart._To @sbclty.org o Y Date: Mon, 18 Nov 20131.5:52:20-0800 Subject:RE: Mills Act Commissioner Recommendations a a HI Jim, � a Thank you for your email however we need for you to be more specific in your vote;The votes are counted Individually not T as a consensus. Should you have any questions,please let me know. T Lisa A.Sherrick Administrative Analyst 11,Community Development Y City of San Bernardino E a� 300 N.D St. Q San Bernardino,CA 92418 LO office(909)384-7276 Fax,(909)3845080 L c,s www.sbcit" > www.faceboo :om/sbcitvgg o U From:James Smith[maiito:pgpjsmii{h @hotmall.com] Sent: Saturday, November 16, 2013.'$:46 AM To: Lisa Sherrick @ Subject: RE: M€lls'Act Commissioner Recommendations Q Hi Lisa, 1 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; t .. Packet Pg. 191 5.Lf Lies Sherrick From: suzearp @gmail.com on behalf of Suzie Earp<earps @csusb.edu> Sent: Wednesday, November 20,2013 10:51 AM to: Lisa Sherrick $ubject; Re: FW:Mills Act Commissioner Recommendations Hi Lisa, I have checked thew 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-arid told him y about all the applicants and that made trim pretty happy too. He is also willing to attend our planned o workshops...so that is more good news.Also-Jim M.will help with the designation for Arrowhead Hotsprings. Q Thanks for making us get these back to you....making us finish anything is always a bonus with this a Commission) v q Suzie T On Tue,Nov 19,2013 at 5:001'M,Lisa Sherrick<Sherrick L4sbcily.orZ>wrote: N Just a reminder that I need to have your Mills Act recommendations ASAP, if you have any questions or concerns please E let .me know. a� a N to 7 L Lisa A. Sherrick R > 0 Administrative Analyst II, Community Development v r d City of San Bernardino E 300 N.D St. a San Bernardino,CA 92418 office(909)3844276 Fax(909)384-5080 www.sbcity.org www.facebook.com/sbei!y,go f Packet Pg. 192 5.I.g HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, 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 N 0 Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of U .Q such historic property so as to retain its characteristics as property of historic significance. a r 2. Owner holds fee title in and to that certain real property, together with associated structures a N 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 r E Attachment"A" and incorporated herein by this reference. a _ 3. By authorizing this Agreement, the Common Council hereby designates the Historic M 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 w a 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. i Packet Pg.193 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 N c 0 (1) year shall automatically be added to the terra of the Agreement unless a notice of nonrenewal is .Q delivered as provided in Section 3 of this Agreement. Q r V 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, N Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the o) ti Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served r E by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon a c 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. Q 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 Packet Pg.194� 5.Lg 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 c 0 Property to conform to the rules and regulations of the Office of Historic Preservation of the California 0. Department of Parks and Recreation., the United States Secretary of the Interior Standards for a Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic N Property on the effective date of this Agreement is documented in photographs on file and available in T the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property E in the same or better condition as documented in said photographs. a S C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the U w 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 a 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 Packet Pg.195 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 a 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 3 _ 0 yearly administrative fee of seventy-five dollars ($75.00). U 8. Breach of Agreement: Remedies. a a r A. Notice of Breach;i Opportunity to Cure. If Owner breaches any provision of this Agreement, City y 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 r E notice of violation, or within such a reasonable time as may be required to cure the violation(provided a the acts to cure the violation are commenced within thirty(30) days and thereafter diligently pursued to v r 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 a 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 PacketPg.106 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. 0 B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by .Q any entity authorized to exercise the power of eminent domain, and the acquisition is determined by a the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be N cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. =' E 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or a _ cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in c 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 2 a 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 Packet Pg.197 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 c 0 enhancing maintaining the cultural and historical characteristics and concern the land by enh g g 2 Q significance of the Historic Property for the benefit of the public and the Owner. C r 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided y at the address of the respective parties as specified below or at any other address as may be later N specified by the parties hereto: r E City: City of San Bernardino City Manager's Office c 300 North D Street v San Bernardino, CA 92418-0001 c d E U Owner: Raymond and Lori Cain 3058 Serrano Road a 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. Indemnityof 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 Packet Pg. 198 S.Lg 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 N c 0 incurred by each of them. The costs, salaries and expenses of the City Attorney and members of .Q his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" a r for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, y cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any ti received by City, its elected officials, employees, or agents. v E lb. Binding Upon Successors. All of the agreements, rights, obligations, covenants, a E reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the v u benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons U acquiring any part or portion of the Historic Property, whether by operation of law or in any manner r Q 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 Packet Pg.199 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 y c 0 r notification. t° U Q 20. Amendments. This Agreement may be amended, in whole or in part, only by written Q r recorded instrument executed by the parties hereto. y 21. Governing Law and Venue. This Agreement shall be construed and governed in ti accordance with the laws of the State of California. Any action at law or in equity brought by either of r E the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be a tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the v United States District Court for the Central District of California, Riverside Division, and the parties z hereby waive all provisions of law providing for a change of venue in such proceedings. r a 0 8 Packet Pg.200 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: c 0 �a ATTESTED TO: Q CL a By: a N Dated: Owner E L Owner Q C Approved as to form: U r c d E GARY D. SAENZ City Attorney r Q By: 9 Packet Pg.201 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , 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 c Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of .Q CL such historic property so as to retain its characteristics as property of historic significance. Q a 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, Cn San Bernardino, California ("Historic Property"), A grant deed description of the Historic Property is E L attached hereto as Attachment"A" and incorporated herein by this reference. a N l6 3. By authorizing this Agreement, the Common Council hereby designates the Historic o Property as a Qualified Historic Property as defined by Resolution 2005—363, Section 5. d 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 Q 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. Packet Pg.203 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 o w (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is .Q c. delivered as provided in Section 3 of this Agreement. a a 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 E L by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon a Owner,the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty(60) days o prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this d Agreement shall remain in effect for the balance of the terns then remaining. 4. Owner Protest of City Non-renewal. Within fifteen (1 S) calendar days of service of the a 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 Packet Pg.103 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 c Property to conform to the rules and regulations of the Office of Historic Preservation of the California .Q CL Department of Parks and Recreation, the United States Secretary of the interior Standards for a a 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 4 E L in the same or better condition as documented in said photographs. a N1 C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the c Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this a� 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. a 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 Packet,,ft.204 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 o Y yearly administrative fee of seventy-five dollars ($75.00). Q a 8. Breach of Agreement:Remedies. a a 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 E notice of violation, or within such a reasonable time as may be required to cure the violation(provided a N cts the acts to cure the violation are commenced within thirty(30) days and thereafter diligently pursued to E completion as determined by the City in the exercise of its sole discretion), the City may, without d further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's �a breach, City may pursue any remedy available under local, state, or federal law, including those Q 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 Packet Pg.205 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 ProMe Eminent I)omaiw 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 N will have been destroyed. c B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by .Q ally entity authorized to exercise the power of eminent domain, and the acquisition is determined by a a 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 N NOW, Agreement is cancelled pursuant to this Section. E L 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or Q N t6 cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in o this Agreement or in City's regulations governing historic properties are available to the City to pursue d in the event that there is a breach of this Agreement. No waiver by City of any breach or default under r this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default Q hereunder. 11, Bindin 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 Packet;Pg.206 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 c M concern the land by enhancing and maintaining the cultural and historical characteristics and a a significance of the Historic Property for the benefit of the public and the Owner. a a 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 ti specified by the parties hereto: E E L City: City of San Bernardino Q City Manager's Office 300 North D Street E 0 San Bernardino, CA 92418-0001 c E Owner: Jo E.Thomas 2788 North Mountain View Avenue w San Bernardino,CA 92405 a 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 terns,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, G Packet Pg.207 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 o incurred by each of them, The costs, salaries and expenses of the City Attorney and members of Q Q. his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' tees" a a 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. �. E L 0 16, Binding Upon Successors. All of the agreements, rights, obligations, covenants, a M reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the o benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons as acquiring any part or portion of the Historic Property, whether by operation of law or in any manner a 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 Paicket Pg.208 t 8. 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• Recorda 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 c U notification. Q Q. 20. Amendments. This Agreement may be amended, in whole or in part, only by written Q Q recorded instrument executed by the parties hereto, 21. Goveming Law and Venue. This Agreement shall be construed and governed in ti accordance with the laws of the State of California. Any action at law or in equity brought by either of r E L 0) the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be a N t6 tried in a court of competent jurisdiction in the County of San Bernardino, State of California, or the c 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. Q s Packet Pg. 209 5.Lh 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: N 0 w 0 ATTESTED TO: a r By: Q Dated: Owner ti N E L Owner Q N f� Approved as to form: 0 0 s _ GARY D. SAENZ E City Attorney 0 Q By: Gw� 9 Packet Pg.210 5.Lh FIRS' A' Mir.,.. ,~ �',� �1 .� .. .1 � 4 RECORDING REQUESTI313 BY: AND WHEN RE ;MAIL TO: JOE. I'inomals 2788 N.Mountain View Avenue San Bernardino,CA 92405 I I THIS SPACE FOR RECORDER'S USE ONLY GT DEED ASSESSOR'S PARCF.L NO.:0150-122.16 l lxt undcrsigncci Qrantar(s)declare that the DOCUMENT TRANSFER 1`AX TS: � g TITLE ORDER NO.:43505 m `—' ESCROW NO.:l 101-SL property computed on the full value of the interest of ro conveyed,or Q a _computed on the full value less the value of lions or encumbrances remaining thereon Q at the time of sale. Q „ OR transfer is EXEMPT(rota tax for the folta N wing reasons gift FOR A VALUABLE CONSIDERATION,receipt of which is hereby aclmow)Mged,Lang E.Eberly,a single man ti hereby GRAN AS)to Jo E.Thomas,an unmarried woman `V i•+ all tllat real property situated In the city of San Bt rntirdiuo,County of San 13etnardino, State of CA,described as: Q Lot 29, Block 6, of QTract No. Arrowhead Park Unit No. 1,is the City of San Bernardino, County of San Bernardino, State of � California,as per map recorded in Book.24,page 41,of Maps,in hiss office of ttte County Recorder of said County. E 0 1 Dated October 11,2006 ~ StatcotCr nsi' ) E 0 only of Bofm mo t p►44tt>� MEsat+t�, Qom., harry E,Eberly pmonallyappeated Q ge,9oltattglatnuut lame or pmved to me on the b ais ot`satisfactory cv1d;xn)to be the peroo whose na M wbwribcd to the within instrument and acknowledged to sne that they exwuted the same injA4jcn'Iheir auda>rlrod capaoityowr,and that by LEMLtNG ME0jrjA ( ui /her/their signaturoly�on rho instrument the persons for the eMtity uptm behalf of which Commission#1464318 1110petw0acied,execultd rho 4simmem Notow publlo-Calltornia Son BQmordkro County GSSlayhand oitlo seal WCotnrri,Ex#f8%1On2D,2W8 OAL tu (Phis area for official notary seal) MAIL MENTS TO: Jo E.Thomas i 2788 N.Mtn,View Avenue fan Bernardino,CA 92405 0 n Packet Pg. 211 5.I.h Elac7oniwil yl tocozdodt nOtflcia l Records,County ot Son Bontardltto 1112011008 FIRST �`c " � LARRY WALKER MAY PM L1AJ RECORDING-OMQUlEM0 , � Auditot(controller•Recorder FIRST AMERICAN TITLE ' 1-IM-1 707 First American TWO Company WHEN RECORDED MAIL TO: Roo#, 2009.0790004 Titles: 1 Pages; 2 Ole Foes - U0 Tow% .00 Jo G. Thomas Othu .00 2788 N. Mountain View Ave PAID 0.00 San Bernardino, CA 92405 PT-43505 Escrow No. 1101-SL APN 0150-1 GRANT DEED N (TItle of Document) o Q a. Q a ti E TLl1 1 Ve • y R E O TItLIB ORDER NO PT- 43505 � >_ a) E Q I MAIL TAX STA'TEd9E" TO ADDRESS ABOVE Packet Pg.212 5.I.h Exhibit"C" Un B lair Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year I 0 Year 2 f'r,S�� cm.. �o c- � �. �� 6d l�,3 Year 3 � , e. a Year 4 � sic Year 5 �e�-we, �` �� �, 6-A As'e— , av Year b pep At-, . s E- a Year 7 Year 8/�, ear uS Year 10 �r1�st, �1, � GOT Gu *See attached list of potential projects. Use additional sheets if nec ssary 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. Packet Pg.213 } f� i • • Collector Larr 2013 ANUAL SECURED PROPERTY TAX BILL FISCAL rob d Streat,San Bernardtno,CA 9241b�{9081387.8308. •.- 172 West Thar •. .._... _ mailed to THOMAS,JO E www.MyTaxCollector.com 2788 N MTN VIEW AVE PROPERTY ASSESSMENT SAN 65RNARDINO CA 92405 u "- improvement Fixtures 69000 improvem9nt Penalty Persona!Property Personal Property Penalty t i 3 4 Homoowndrs Exemption r.t'; Other ExerAptlons. ., 130044143 0007001 . 1,339400 ___....._---•--_...._. .. .. _._....`M:: ? °"_ N 58000 = O_ TAX DISTRIBUTION IBM tI 11 1 1 . • s 11 1 1 , AS OF JAN 01,2013 1- .20 C- THOMA9,JO E OENMLTAX LEVY sa0 aU sz ,a -sntl%RN VECtbt100NTR0L .. eoo aaz•zgRa e2 Q 8A�4 SW,6 COW COLLEdE HONG M-3e2-4022 02.01.2014 $659,11 aCHOOLear�t)s sa9391:ttea 2 $o v soti00L$TATE REPAYMENT ;..Dh Q 2788 N MTN VIEW AVE 8AB 77 Total Sa VALLEY MUN{W TR t)B7 SvC 009 sal 9200 ' 2$ !n Taxes Due (fake checks payable to SBC Tax Collector Qisg`���e3C"rigtlail`:. .. ... :Y'• . . .. :. . . a~, TRACT'ARROWNEA0 LOT 29aLoOK0AwtOWH MD PARK UNIT Not a:tn4 � tant esa::g$ <: } E ';At�N t .,L.. .iyi, ...�` y'V.-'wit:`".IAJ �1:.:•.c" x.:4.4+: — t� para tnformacian de aufectura de Impuestos de propieded en espaflol, " por favor Welts www.00locolonddtmpuestce.00m o Ilame al(908)387-8308. C KEEP THIS PORTION OF YOUR TAX BILL <••:k (1) t U fC First installment Is delinquent If not paid by 12-10-2043 Q Second Installment is delinquent if not paid by 04.10-2014 LY MEMO COPY " N " 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 Packet Pg. 214 S.Lh I'') SaD B 1DD City of San Bernardino Mills Act Application Property Information �'�' �c1. 40 cc,", 4t2,� VAV�J A'tJ�Property Address o APN: Q 1.5'0 / .2- e .Q �J a Owner • N Owner Address Sla p t.Q_ N owner Telephone Number:Daytime 3 • C94`/(/Evening Sa.rn e... E a� a t N E-Mail Address: t- —� 1'nVa- ab`'7� E c E a Packet Pg. 215 III I i'pll IIIQ City of San Bernardino Mills Act Historical Preservation Commission Recommendation Property Address: 2788 N.Mountain View Ave. San Bernardino, CA 92405 Owner: 3o E.Thomas In Reconnaissance Report: YES / NO Owner Telephone Number: Daytime 951-533-8641 Evening: SAME o w M / 2 p y a Date of Ins ectionlWindshield Survey: w a N Was the homeowner contacted? Commission Recommendation for Program: YES NO r E rn Commission Notes: a E 0 t: c m E t ca a Commissioner Name:,&z-, � Date: 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 conadat. Commissioner Signature: Commissioner Contact Information: Packet Pg. 216 5.Lh x ►�1lil BP�'l3ii l�lA City of San Bernardino Mills Act Historical Preservation Commission Recommendation I 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 o w Date of Inspection/Windshield Survey: /1 r ' 1�Tci�-£l _ CL a a Was the homeowner contacted? C Commission Recommendation for Program: / NO N E Commission Notes: M t .t e� �,�c ,�, _(tom_,f E O t a E Q Commissioner Name: 5P Date: I /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: Q joriiucte 8 xulpti Commissioner Contact Tn Ym a ti n: s23 W.sFigm d Rond &art BerriardkW,CA 92407 Packet Pg.217 ►811�('�Il p0 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: / NO N owner Telephone Number: Daytime 951-533,8641 Evening: SAME o �a 2 CL Date of Inspeetion/Windshield Survey:fi- �� -' I Q a N Was.the homeowner contacted? 0)--0— 0 Commission Recommendation for Program: / NO N »� E L Commission Notes: Rfg10rP--CJ N �a E w Q Commissioner Name: ,Is a .representative of the Historical. Preservation. Commission, I have reviewed understand the criteria- of the Mills Act program, and certify that this property does qual fy for consideration of, a Mills Act contract. . Commissioner-Signature: Commissioner Contact Information: 90C — .a Packet Pg. 218 Lisa Sherrick Vrom: suzearp@gmaii.com on behalf of SuAs Earp eearps@csusb.edu> Sent" Wednesday;November 20,201310:51 AM Toc visa 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 a Commissionl w a Suzie On Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@,sbcity.org>wrote: Just a reminder that 1 need to have your Mills Act recommendations ASAP,If you have any questions or concerns please let me know. `a> a N E O Lisa A. Sherrick Administrative Analyst II,Community Development City of San Bernardino w Q 300 N.D St.. San Bernardino,CA 92418 Office(9031384-7276 Fax.(909 3&} 4-5050 www.sbcit" MMw facebook.com/sbcityaov t 5.Lh Lisa Sherrick From. James Smith<pgpJsmith @hotmaii.com> Seat• 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@sbclty.org To:pgpjsmith@hot mail.com CC:Stewart_To@sbcity.org _ Date: Mon, 18 Nov 201315:52:20-0800 Subject: RE: Mills Act Commissioner Recommendations Q a HI Jim, Q Thank you for your email however we need for you to be more specific in your vote;The votes are counted individually not N as a consensus. Should you have any questions, please let me know. Lisa A.Sherrick ti N Administrative Analyst il,Community Development CitV of San Bernardino E 300 N. D St. Q San Bernardino,CA 92418 y Office(909)384-7276 E Fax(909) 384.5080. o www.sbcity.org wvvw.facebook,comisbcit-mov a E ;From:James Smith [maiito;pgpJsmith @hotmatl.com} sent: Saturday, November 16, 2013 8:46 AM Q TQ: Usa 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 1 will be out of the country until November 23rd. Tnx,. Jim Smith Member,City of San Bernardino Historical Preservation Commission From:Sherrick,U@sbcity.org To: aeadesign@verizon.net;vcorbel @hotmail.com; pgpJsmith @hotmail.com;Joe@joearnett.com; i Packet Pg.220 HISTORIC PROPERTY PRESERVATION AGREEMENT ($MILLS ACT CONTRACT") THIS AGREEMENT is made on this, by and between the City of I San Bernardino,a municipal corporation("City"),and Maricela Alberto C'Owner"). RECITALS 1. California Government Code Section 50280, et. seq.allows cities the discretion to enter into N contracts with the owners of qualified historic properties, as that term is defined in Government Code �a Section 50280.1, for the purpose of providing for the use, maintenance,protection, and restoration of Q a Q such historic property so as to retain its characteristics as property of historic significance. Q 2. Owner holds fee title in and to that certain real property,together with associated structures N and improvements thereon, generally located at the street address 835 N. Mayfield Avenue, San o, N r•► Bernardino, California ("Historic Property"). A grant deed description of the Historic Property is attached hereto as Attachment"A"and incorporated herein by this reference. a 0 3. By authorizing this Agreement, the Common Council hereby designates the Historic a Property as a Qualified Historic Property as defined by Resolution 2005—353, Section 5. W E 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 Q community with its own unique civic identity and character. 5. Owner, in consideration far 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. t Packet Pg. 221 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. N 2, Renewal. Upon each anniversary date of this contract ("Renewal Date") an additional one c r (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is a CL a delivered as provided in Section 3 of this Agreement. a 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 E L by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon a 0 Owner,the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days Q prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this d E Agreement shall remain in effect for the balance of the term then remaining. �a w 4. Owner Protest of City Non-renewal. Within fifteen (15) calendar days of service of the Q 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 I Packet Pg.222 l 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 ttie 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. N B. owner, when necessary as determined by the City, shall restore and rehabilitate the Historic o Property to conform to the rules and regulations of the Office of Historic Preservation of the California a CL a Department of Parks and Recreation, the United States Secretary of the Interior Standards for a Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic w Property on the effective date of this Agreement is documented in photographs on file and available in V- the City Manager's Office, The Owner shall continually maintain the exterior of the Historic Property 4a E L in the same or better condition as documented in said photographs. a 0 r- C. Owner shall carry out specific restoration,repair, maintenance,and/or rehabilitation projects on the � a Historic Property, as outlined in the attached Attachment "B", which is incorporated herein by this d E reference. All such projects shall be undertaken and completed in keeping with the historic nature of U f6 r.+ ar the property. Projects may be interior or exterior, but must utilize all property tax savings. a 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 Packet Pg.223 City, as may be necessary to determine Owners compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance: Yearly Administrative Fee. Owner hereby agrees h City with an and all information requested by City, which City deems neeessar or to fitr nrs y Y q Y 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 N C expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a 0 yearly administrative fee of seventy-five dollars($75.00). a a 8. Breach of Agreement: Remedies. a N 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 ti violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of E L 0 notice of violation, or within such a reasonable time as may be required to cure the violation(provided Q 0 the acts to cure the violation are commenced within thirty (30)days and thereafter diligently pursued to .0 a completion as determined by the City in the exercise of its sole discretion), the City may, without E 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 Q 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 Packet Pg.224 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 c will have been destroyed. ° �a 2 B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by a a any entity authorized to exercise the power of eminent domain, and the acquisition is determined by a 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. E L CD 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or a ° cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in c a this Agreement or in City's regulations governing historic properties are available to the City to pursue E in the event that there is a breach of this Agreement. No waiver by City of any breach or default under r this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default a 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 s Packet Pg.226 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, I 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 g ° concern the land by enhancing and maintaining the cultural and historical characteristics and Q ez a significance of the Historic Property for the benefit of the public and the Owner. a 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 N NOW specified by the parties hereto: E L City: City of San Bernardino a City Manager's Office ° 300 North D Street San Bernardino,CA 92418-0001 a c d E Owner: Maricela Alberto 835 North Mayfield Avenue°, San Bernardino,CA 92401 Q 14. Effect of A reement. 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, G Packet Pg.226 s 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 ctivities 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 °— U incurred by each of them. The costs, salaries and expenses of the City Attorney and members of a a his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" a N 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 N received by City,its elected officials,employees,or agents. E CD 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, a 0 reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the M Q benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons E acquiring any part or portion of the Historic Property, whether by operation of law or in any manner w Q 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 Packet Pg.227 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 N C six (b) months of entering into the contract and shall provide the City with evidence of such O notification. °" a. a 20. Amendments. This Agreement may be amended, in whole or in part, only by written Q recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in N accordance with the laws of the State of California. Any action at law or in equity brought by either of E the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be o t tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the a United States District Court for the Central District of California, Riverside Division, and the parties E hereby waive all provisions of law providing for a change of venue in such proceedings. a 8 Packet pg.228 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: N c 0 r Q ATTESTED TO: a r By: N Dated: Owner ~ w E L Owner 0' a 0 d Approved as to form: a CD GARY D. SAENZ E t City Attorney Q By: 9 Packet Pg.-229 S.I.i Recorded in 0111clat Records,County of San Bernardino 411012007 LARRY WALKER 8:00 AM r' AuditortCOnttoller — Recorder LaoaGo NG REQUESTED BY: /,t AND TITLE COMPANY 602 Southland Title of San Diego AND. N RECORDED MAIL TO: " Doc#.. 2007-0216005 Titles: t Pages: 2 iron Alberto Face s.00 artdino,CA f924p1 other 140-213.18*0d1B 0 PRt.: 37352321 35 IN o.: SCV756147-CA SPACE ABOVE THIS LINE I$FOR ftEGO ROE R'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR($)DECLARE(S) DOCUMENTARY TRANSFER TAXIS$0 CITY TAX IS$0 rn {) Computed on full value of property conveyed,or 0 {) Computed an full value less value of liens or encumbrances remaining at time of sate {) Unincorporated area: (X) City of San Bernardino 2 CL FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledge CL Maricela Giron Alberto,a married woman as her sole and separate property who acquired title as Maricela U Giron,a married woman as her sole and separate property Q N hereby remise,release and forever quitclaim to Maricela Giron Alberto,a married woman as her sole and separate property the following described property,in the County of San Bernardino,State of California. " „ a art hereof. See Exhibit"A attached hereto and made p E rs Dated: March 20,2007 Q o STATE OF CALIFO4RNIA � COUNTY OF 2n))r G a ss. L � tlafore 4On a cela lberto E a Notary Public,personally appearedd s "ES REE$RENMRlA R w Comminton#1473844 d Notary Public•Calit fft personally known to me (or proved to me on the basis of son Dlego County satisfactory evidence) to be the persons) whose named MlyCornm,ExptreaJun9,.2010Y are subscribed to the within Instrument and acknowledged to me that he�hey executed the same in hls�ttheir authorized capacitygps)and that by hi their signature on the Instrument th acted,a ecuted the inst umantbehalf of (This Area for Notary Seat only) which the Person), WITNESS my hand an o ial Seal. Signature a roof Notary MAIL TAX STATEMENTS AS DIRECTED ABOVE Packet Pg. 230 ORDER N0. 37352321 t EXHIBIT"A" Portion of 1-at(s) 8 In Block 62, in the Ctty of)1n oBernardino,, the office of Son of the County Recorder That p plat recorded in Book 7 Page( ) of California, as per p of said County. Described as follows: Commencing at a point 25 feet East of a point 50 feet of South of the Northwest corner of said Lot 8; thence running East 124 feet to the West line of land formerly owned by Mrs. M.L. Richardson: thence South 50 feet, thence West 124 feet; thence North 54 feet to the point of beginning c 0 .Q a a r a N r Qf ti E i Cf Q O d a d E w w a 4 3 Packet Pg.231 PM70C. mu* �7 Exhibit"C" San Be ono Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 1500, 66 Year 2 J,500. 0 © a Year 3 a Year 4 rJ & 006. 00 Year 5 oa Year 6 T-er s viva a Year 7 0 Year 8 a Year 9 E ry S'-e r 4'c e- r' .[V60.0-'0 a Year 10 Q Po r �e 5da I�8 *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. Packet Pg.232 }M1r � t kr i • i Larry Walker - Ati(litor-Cotitroller/Trei:stt.teriTax;Collector 2013 ANNUAL SEECURED PROPER3ToY2a AX BILL FISCAL Mailed to AL6ERT0,MARIA GIRON 17.2 west Thtrd 3.treet,-San_Sarnardina,Cq g2415,,(90�•3t37-A30B_ wif w.My-TaxColleetor.eom 835 N NPAYFIEE.DAVE PROOERTY ASSESSMENT CNTL-0061301 SAN 13ERNARDINO CA 92401 Land 30000 I Improvement Fixtures . 70000 improvement Penalty Personal Property Personal Property Penalty jn t 2 ' 1 ; Homeowners Exemption . 7000 = 130026708 0007012 1.339400 other Exemptions. O R 93000 v s 1 TAX DISTRIBUTION AS OF JAN 01,2013 t1 CL ALBERTO•MARICELAGIRON 11-01-2013 $625,83 Q dENBRAUTAX LEVY 9$0.08 Ic . •SAN BERN VECTOR CONTROL 800.442-2283 5.62 V s4 ,, r•...,. MN BOND COMM COLLEGE BOND 908-362-4022 38.98 Q Q,Ptop ty,A 1�►�i>' `:.�` ? . 0201-2014 $625 B2 80HOOLSONDa 909001-1164 126.05 y 836NMAYFlELOAVE SAD ` t: SCHOOLSTATEREFAYMENT .9a — n iU x: + � � 11 Total S j• „ SB VALLEY MUNI WiR DST 8VC 909.387-9200 161.12 Taxsa Due ::°yr' , v:�.- `• .. Make checks payable to$9c Tax collector J������lft!}��IOJ+;�v.� t �.< :''rt�' ..... .;.c:r:.!P'•e:.S.� '-e N CITY N 8(S Fro tOD fTI W 1/2 LOT a BLK 62 t*xsT :., o _ 1= Pare Informacidn de su facture de impuestos de propleded on ospaiiol, +- por favor visits www.00locciondelmpuestos•com o(lame al(909)387.8308. r+ d KEEP THIS PORTION Of YOUR TAX BILL E v 2013 w ❑ Check here for a change of mailing address or phone number. You can pay onllne via a-check or credit card at Q Please provide all corrections on the reverse side. www.MyTaxCollector.com nd ANNUAL TAX BILL ��" VISA Ill 0 140630 FISCAL YEAR JULY 01,2013 70 JUNE 30,2014 t+ PAY THIS AMOUNT BY•+D y ':t,',04�� •q,,at`,��[L:'a�C`j,.1,r��r 3n!�'s`•t1}O- dV.� 2 i =30026M8 -i} �c'�.'•--4S.�'"�.`.y.i�.9'a•.•r`'.tiX}:�i�t1t'���i.1��11+R/,x�,'�.�, Ii ti' 04-10-2014 1 in`•,i!..'t fi Payments Postmarked by 04.10-2014 SEND THIS STUB WITH YOUR SECOND INSTALLMENT PAYMENT are oonsidared timely PARTIAL PAYMENTS WILL BE RETURNEO Make Checks payable to: SBC Tax Collector 15 - l�8.l� 172 W.Third Street,First Floor San Bernardino,CA 92415-0360 9ND,WALL"a PLUS IWA PENALTY,PLUS s=o COST. - - Arw -A 10� 1 130026708 3 2 140410 00000062562 4 00000069819 1 Packet Pg.233 b f"" W Bern ino City of San Bernardino Mills Act Application Property Information Property Address &�k E1 0 APN: '3 ! o - b p 0 a . a ,rr�11�� II Owner t � l A r �� C � [ C� � t (' � K1„� N Owner Address g 3 `3 ffiew E' 5 Owner Telephone Number:Daytime 70c� ' '' - 'VeninS�S°t yn Irz— E L Q O E-Mail Address: d a Use of Property (Residential or Commercial.l...please describe) r a Packet Pg.234 r San Bexna 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 c Owner Telephone Number: Daytime 909-648-2865 Evening:SAME °- r �o U_ Q CL Date of Inspection/Windshield Survey: 1A Q N Was the homeowner contacted? No Commission Recommendation for Program: YES / NO E a� Commission Notes: Q 0 m Q c as E L U t0 r+ w Q Commissioner Name: Date: I L3 As a representative y, 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: ,joft"Alm h 825 San Bmwdirto,CA 92407 -Jchhh-1c Packet Pg.235 $811 B�ClI �0 City of Sian Bernardino.Mills.Act. Historical Preservation Commission Recommendation Property Address: 835-N. Mayfield Ave. San Bernardino,CA 9-2401 owner: Alberto.Giron In Reconnaissance Report: / NO N Owner Telephone Number: Daytime 909-648-2865 Evening: SAME o .Q v Date of inspection/Windshield Survey: a Y U Q V! Was the homeowner contacted? Commission Recommendation for Program: YES / NO N .� E CD ll E�Q""f- Qr Commission Notes: "C w� V d A c r'3� •t-�.�'S Q Q w c m E s U R r+ w Q Commissioner Name: &t, Jr- -, � -- Dater lj-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 Mills Act contract. . Commissioner Signature: 0 �� � x�.,� -- r4�J.�•��«-o Commissioner Contact Information: C9 - a S -6,V I Packet Pg.236 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 U) Owner Telephone Number: Daytime 909-648-2865 Evening: SAME 0 CL � _ � �� Date of Inspection/Windshield Survey: CL a a t N Was the homeowner contacted? Commission Recommendation for Program: YES NO E L Commission Notes: CfeT � a d E s w a Commissioner Name: Date: As a representative of the Historical Preservation Commission, I have reviewed understand the criteria of the Mills Act Proptnt and certify that this property does qualify for consideration of a Mills A I ct. Commissioner Signature: /f Commissioner Contact Information:_ U°1�l 7e; 10", Packet Pg.237 Lisa Sherrick From: James Smith<pgp_Jsmith @hotmaii.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_t_i @sbcity.org To:pgp_jsmith @hotma[Lcom CC:Stewart—To@sbcity.org o Date'. Mon,18 Nov 201315:52:20-0800 Subject:RE:Mills Act Commissioner Recommendations Q a Q Hi Jim, � Q 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 U,Community Development City of San Bernardino E 300 N. D St. Q San Bernardino,CA 92418 0 office(909)384-7276 as .n Fax(909)384-5080 a www.sbcity.ora r www faceboak com/sbcitv�ov � a� E From:James Smith (malito:pgp-Jsmith @hotmall.com] o sent: Saturday,November 16, 2013 8:46 AM Q 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_l.i @sbclty.org To:aeadesign @verizon.net;vcorbel@hotmall.com;pgpismith @hotmail.com;joe @joearnett.com; 1 Packet Pg. 238 B_ Lisa Sherrick From: suzearp@gmail.com on behalf of Suzie Earp<earps@csusb.edu> Sent: Wednesday, November 20,201310:51 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. Iran into Dan(Don?)Harp from the Assessor's office who attended the Workshop the HPC held-and told him N about all the applicants and that made him pretty happy too. He is also willing to attend our planned o 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 C Commission! a Suzie y 4n Tue,Nov 19,2013 at 5:00 PM,Lisa Sherrick<Sherrick Li@sbcity.or g>wrote: .lust a reminder that I need to have your Mills Act recommendations ASAP,if you have any questions or concerns please E let me know. rn a m n Lisa A. Sherrick a Administrative Analyst II,Con'nunity Development E h.. V City of San Bernardino w a 300 N.D St. San Bernardino,CA 92418 Office(909)384-7276 Fax(909)384-5080 www.sbcay-ora www facebook com/sbcitvaov 460 1 f 1 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , 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 to i N I, q p p term s defined in Government Code 0 Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of a such historic property so as to retain its characteristics as property of historic significance. Q a 2. Owner holds fee title in and to that certain real property, together with associated structures 2 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 L attached hereto as Attachment"A"and incorporated herein by this reference. a 3. By authorizing this Agreement, the Common Council hereby designates the Historic 0 Property as a Qualified Historic Property as defined by Resolution 2005—363, Section 5. s 4. City and Owner desire to enter into this Agreement for the purpose of protecting and a 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 l 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. I packet pg.240 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 0 (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is .Q CL delivered as provided in Section 3 of this Agreement, a a 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 E L by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Q Owner,the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days 0 r 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. r a 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 Packet,PSf:241 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 c 0 Property to conform to the rules and regulations of the Office of Historic Preservation of the California Q M Department of Parks and Recreation, the United States Secretary of the Interior Standards for a a Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic 2 Property on the effective date of this Agreement is documented in photographs on file and available in r N the City Manager's Office. The Owner shall continually maintain the exterior of the Historic Property r E L in the same or better condition as documented in said photographs. a C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the o 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 Y a 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 Packet Pg.,242 ,_ City, as may be necessary to determine Owner's compliance with the terms and provisions of this NOW 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 0 yearly administrative fee of seventy-five dollars($75.00). .Q CL 8. Breach of Agreement: Remedies. Q Q 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 v L notice of violation, or within such a reasonable time as may be required to cure the violation(provided a M the acts to cure the violation are commenced within thirty(30) days and thereafter diligently pursued to p 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 r 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 Packet Pg. 243 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, 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. 0 B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by a 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 ti Agreement is cancelled pursuant to this Section. r E 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or a N tC cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in p r 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 a 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 Illill 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 c 0 concern the land by enhancing and maintaining the cultural and historical characteristics and Q CL significance of the Historic Property for the benefit of the public and the Owner. a Q 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided y at the address of the respective parties as specified below or at any other address as may be later ti N specified by the parties hereto: E L City: City of San Bernardino a City Manager's Office 300 North D Street o San Bernardino, CA 92418-0001 a� E Owner: Sandra and David Olivas o 845 North Mayfield Avenue a 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 Packet Pg.245 liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by NOW 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 0 incurred by each of them. The costs, salaries and expenses of the City Attorney and members of 2 Q CL his/her office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" Q Q for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, 2 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. v L 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 o r 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 r a 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 Packet Pg.246 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 0 R notification. Q a 20. Amendments. This Agreement may be amended, in whole or in part, only by written a a 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 E L the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be q N tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the o 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. .2 a s Packet_Pg.247 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: 0 ca ATTESTED TO: Q a By: Q Dated: r Owner N .� E L Owner a Approved as to form: 0 r _ d GARY D. SAENZ City Attorney a By: 9 Packet Pg:248