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HomeMy WebLinkAbout2016-222 1 RESOLUTION NO. 2016-222 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT 3 PRESERVATION AGREEMENT WITH SAMUEL HARVEY AND ERIN CHESTER- 4 HARVEY FOR THE PROPERTY LOCATED AT 515 W. 21ST STREET, SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized and directed to execute a Mills 9 Act Preservation Agreement with Samuel Harvey and Erin Chester-Harvey for the property 10 located at 515 W. 21St Street, San Bernardino, CA 92405, attached hereto as Exhibit"A." 11 SECTION 2. The authorization to execute the Agreement is rescinded if the parties 12 13 fail to execute the Agreement and return it to the Office of the City Clerk within sixty (60) 14 days of the passage of this Resolution. 15 16 17 18 19 20 21 22 /// 23 24 25 26 /// 27 /// 28 /// 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MILLS ACT 2 PRESERVATION AGREEMENT WITH SAMUEL HARVEY AND ERIN CHESTER- HARVEY FOR THE PROPERTY LOCATED AT 515 W. 21ST STREET, SAN 3 BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 7th day of November, 2016, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 14 SHORETT X 15 NICKEL X 16 RICHARD X 17 MULVIHILL X 18 19 20 Georg Hanna, MC, City Clerk 21 The foregoing Resolution is hereby approved this �® day of November, 2016. 22 Cx 23 R. Carey Da/is, Mayor 24 City of S y Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 B . 28 2 2016-222 WHEN RECORDED, RETURN TO: City of San Bernardino Community Development Department Attn: Secretary, Historical Preservation Commission 300 North"D" Street San Bernardino, CA 92418 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this 7th day of November, 2016 ("Effective Date") by and between the City of San Bernardino, a municipal corporation ("City"), and Samuel Harvey and Erin Chester-Harvey ("Owner"). RECITALS WHEREAS, California Government Code Section 50280, et seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance; and WHEREAS, Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 515 W. 21St Street, San Bernardino, California 92405 ("Historic Property"). A grant deed containing a legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference; and WHEREAS, by authorizing this Agreement, the Mayor and Common Council hereby designate the Historic Property as a Qualified Historic Property as defined by Resolution No. 2005-363, Section 5; and 1 2016-222 WHEREAS, City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and WHEREAS, 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. NOW, THEREFORE, the City and Owner in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. The term of this Agreement shall be effective commencing on the Effective Date and shall remain in effect for a term of ten (10) years thereafter unless terminated earlier pursuant to paragraphs 8 or 9 of this Agreement. 2. Renewal. Each year, upon the anniversary of the Effective Date of this Agreement (hereinafter "Renewal Date"), one (1) year shall automatically be added to the term of the Agreement, unless timely notice of nonrenewal, as provided in paragraph 3, is given. 3. Nonrenewal. If either party desires in any year not to renew the Agreement, that party shall serve written notice of nonrenewal in advance of the annual Renewal Date of the Agreement as follows: A. Owner must serve written notice of nonrenewal at least ninety (90) days prior to the Renewal Date; or B. City must serve written notice within sixty (60) days prior to the Renewal Date. 2 2016-222 C. If the City or Owner serves notice of intent in any year to not renew the Agreement, the existing Agreement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Agreement, as the case may be. 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 time 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 Mayor and Common Council with any information which Owner deems relevant and shall furnish the Mayor and Common Council with any information it may require. The Mayor and Common Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Non-renewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Community Development or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the 3 2016-222 exterior of the Historic Property on the effective date of this Agreement is documented in photographs on file and available in the Community Development Department. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in said photographs. C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment `B", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. Adjustments to the project plan will not result in a breach of contract as long as the projects maintain the historical integrity of the property. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property from the public right of way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or 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 4 2016-222 improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner in conformity with paragraph 13 detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion as determined by the City in the exercise of its sole discretion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy — Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code Section 50285, that it is subject to cancellation pursuant to Government Code Section 50284. If this Agreement is cancelled under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of San Bernardino as required by Government Code Section 50286. 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. 5 2016-222 9. Destruction of Property; Eminent Domain; Cancellation. A. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any 6 2016-222 portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. Each act hereby required relates to the use, repair, maintenance or improvement of the Historic Property for the benefit of the land owned by the public and all property owners of the City. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided by U.S. mail or hand delivery at the address of the respective parties as specified below or at any other address as may be later specified in writing by the parties hereto: City: City of San Bernardino Community Development Department Attn: Secretary, Historical Preservation Commission 300 North D Street San Bernardino, CA 92418-0001 Owner: Samuel Harvey Erin Chester-Harvey 515 W, 21" Street 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. 7 2016-222 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, 8 2016-222 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. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the Agreement to the State Office of Historic Preservation within six (6) months of entering into the contract and shall provide the City with evidence of such notification. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. 9 2016-222 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. City of San Bernardino Samuel Harvey and Erin Chester-Harvey (Owner) By: By: Mark Scott, City Manager Samuel Harvey By: Erin Chester-Harvey ATTEST: Georgeann Hanna, City Clerk Approved as to form: Gary D. Saenz, City Attorney B 10 Recorded in Official Records, County of San Bernardino 1212812016 RECORDING REQUESTED BY BOB DUTTON 1:44 PM �.H`o�w+R '� ASSESSOR — RECORDER — CLERK SA LISA SHERRICK °' SAN AND WHEN RECORDED MAIL DOCUMENT TO: d P Counter NAME CITY OF SAN BERNARDINO Dock 2016-0567522 Titles: 1 Pages: 16 STREET 300 N D STREET '� Fees 0.00 ADDRESS Taxes 0.00 Other 0.00 CITY,STA ZIP CODETE& SAN BERNARDINO, CA 92405 I PAID $0.00 exE1vP-1 F(om kbz;)(�� � (21w. a-13a3 SPACE ABOVE FOR RECORDER'S USE ONLY HISTORIC PROPERTY PRESERVATION AGREEMENT Title of Document D r I 4k !LA E Is& O THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2016-222 WHEN RECORDED,RETURN TO: City of San Bernardino Community Development Department Attn: Secretary, Historical Preservation Commission 300 North"D" Street San Bernardino, CA 92418 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this 7th day of November, 2016 ("Effective Date") by and between the City of San Bernardino, a municipal corporation ("City"), and Samuel Harvey and Erin Chester-Harvey ("Owner"). RECITALS WHEREAS, California Government Code Section 50280, et seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance; and WHEREAS, Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 515 W. 21s' Street, San Bernardino, California 92405 ("Historic Property"). A grant deed containing a legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference; and WHEREAS, by authorizing this Agreement, the Mayor and Common Council hereby designate the Historic Property as a Qualified Historic Property as defined by Resolution No. 2005-363, Section 5; and 2016-222 WHEREAS, City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and WHEREAS, 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. NOW, THEREFORE, the City and Owner in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. The term of this Agreement shall be effective commencing on the Effective Date and shall remain in effect for a term of ten (10) years thereafter unless terminated earlier pursuant to paragraphs 8 or 9 of this Agreement. 2. Renewal. Each year, upon the anniversary of the Effective Date of this Agreement (hereinafter "Renewal Date"), one (1) year shall automatically be added to the term of the Agreement, unless timely notice of nonrenewal, as provided in paragraph 3, is given. 3. Nonrenewal. If either party desires in any year not to renew the Agreement, that party shall serve written notice of nonrenewal in advance of the annual Renewal Date of the Agreement as follows: A. Owner must serve written notice of nonrenewal at least ninety (90) days prior to the Renewal Date; or B. City must serve written notice within sixty (60) days prior to the Renewal Date. 2 2016-222 C. If the City or Owner serves notice of intent in any year to not renew the Agreement, the existing Agreement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Agreement, as the case may be. 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 time 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 Mayor and Common Council with any information which Owner deems relevant and shall furnish the Mayor and Common Council with any information it may require. The Mayor and Common Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Non-renewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Community Development or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the 3 2016-222 exterior of the Historic Property on the effective date of this Agreement is documented in photographs on file and available in the Community Development Department. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in said photographs. C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment `B", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. Adjustments to the project plan will not result in a breach of contract as long as the projects maintain the historical integrity of the property. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property from the public right of way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or 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 4 2016-222 improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner in conformity with paragraph 13 detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion as determined by the City in the exercise of its sole discretion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy — Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code Section 50285, that it is subject to cancellation pursuant to Government Code Section 50284. If this Agreement is cancelled under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of San Bernardino as required by Government Code Section 50286. 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. 5 2016-222 9. Destruction of Property; Eminent Domain; Cancellation. A. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. B. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any 6 2016-222 portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. Each act hereby required relates to the use, repair, maintenance or improvement of the Historic Property for the benefit of the land owned by the public and all property owners of the City. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided by U.S. mail or hand delivery at the address of the respective parties as specified below or at any other address as may be later specified in writing by the parties hereto: City: City of San Bernardino Community Development Department Attn: Secretary, Historical Preservation Commission 300 North D Street San Bernardino, CA 92418-0001 Owner: Samuel Harvey Erin Chester-Harvey 515 W, 21St Street 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. 2016-222 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Bindin, Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, 8 2016-222 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. 18. Severabili1y. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the Agreement to the State Office of Historic Preservation within six (6) months of entering into the contract and shall provide the City with evidence of such notification. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino. State of California, or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. 9 i 2016-222 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. City of San Bernardino Samuel Harvey and Erin Chester-Harvey (Owner) By: . By Mark Scott, City Manager Samuel Harvey By:&6=:� Erin Chester-Harvey ATTEST: Georgeann a, City Cl k Approved as to form: Gary D. Saenz, City Attorney B 10 AITAN4A A Recorded in Otficia!Records,County of San Bernardino 5102/2016 BOB DUTTON 1:55 PM RECORDING REQUESTED BY N`ABBAIRU.RDI ASSESSOR — RECORDER — CLERK CG < SAN enh Lin-Sit.- } avve� AND WHEN RECORDED MAIL DOCUMENT TO: P Counter NAME 'fn� C�e�-Lr,AI'-qck" DOCTf. 2016-0168545 Titles: 1 Pages: 2 vv ��1 ��1 111��K Al Fees 18.00 STREET Sits w, ZI l C 1- S,� Taxes 0.00 ADDRESS Other 0.00 p CITY,STATE 6 PAID $18.00 BQ YL' yto -t ►,( 5 ZIP CODE SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document Am F -Kw OR us ... ............. [ �d ♦ e j r THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO NAME ADDRESS S i) W . 2 I S± � 4 CITY 6o yL QQ�V�O�`��IYL� , (A , l'1' '5j STATE&ZIP # ' 4t JOINT TENANCY GRANT DEED THE UNDERSIGNED GRANTOR(s)DECLARE(s) DOCUMENTARY TRANSFER TAX is$_0.00 CITY TAX$_0.00 ❑ computed on full value of property conveyed,or❑ computed on fu ll value less value of liens or encumbrances andmaining at time of sale, ❑ Unincorporated area: X❑ City of_SAN BERNARDINO FOR A VALUABLE CONSIDER ION, receipt TETANCich is hereby acknowledged, SAMUEL HARVEY, A MARRIED hereby GRANT(s)to: ERIN CHESTER-HARVEY, A MARRIED WOMEN, S JOINT TETANTS l as Joint Tenants the following described real property in the City of SAN BERNARDINO County of: SAN BERNARDINO, State of California: That portion of the East 112 of Lot 1,Block 37,Rancho San Bsmardino in the City of Seas Siamardlno cords of County of San Bernardino State of Caldornia as per Plat recorded in Book 7 of M&M Page said County.described as follows:beg&usirg 63AS feet West of a point on the West tier `E"Street. distant 460 feet Southerly from the intersection of the said West One of'V street with the South Nne of Highland Avenue,Thence West 40 feet,Thence South 106.6 feet,thence East 40 feet;thence Nlortb a 106.6 feet to the point of beginning. yv APN-,0145-054-02--000 h Dated: Ylv� �. c .tovv�65,,i n�v.o �rawf e. Emsen ary public or other officer completing this certificate J e only the identity of the individual who signed the BREEANNA CHRISTENSEN t to which th is certificate is attached and not the � Commission No 1979862 Wit. �-ulness,accuracy,or validity of that document. NOTAR r pUBUGCALIFORNIA c• t RIVERSIDE COUNTY I My Comm Exp res MAY 27.2016 4 State of California P-J County of ku� [,"�' r, (\I�\ ry <t. ,'`� .`-'. (here On l,r before me, insert name and title of the officer), persona ly appeared5cllv�wt✓1 ti�✓�'�-,who proved to me on the basis of satisfactory evidence to be the person( whose name@ r uescribed to the within in and acknowledged to me that he/shelf�e executed the same in his/her/their authorized capacity&),), and that b�signature(g) on the instrument th6"perso"IM, or the entity upon behalf of which the person)s)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 BREEANNAI WITNESS m hand and officiaJ�seal. -(a ACommission No. 197;10 1 _ NOTA RY PNILI��IFOOM Signature (Seal) ECoww My Cantu.EMM MAY 27.2016 �w4ffiwA finX711 Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project(s)* Estimated Cost Year 1 CAu"A r"A" rI re air a.nd reh L6A d S,orb Year 2 're-►A e e,- � Q,VJ z, oD v Year RPair siLkcco , �LCAC-YS OnA �Z,OD6 awns U Lk a n w Year 4 Pais,-hNi�- 040kor Year 5 vJ tVA&VJS- se.Ceens , lnavc\vw aye, anck qd\r 0 ?)0 0 Year 6 C V\eAC__ o-n(A 0e) t) Year 7 P�t�v11i 4� - i��ex�or Q�06 -tr ��c�- YeTP ckee tr 3, L)b b YC pis WOO Ye� v'0.�1 c• Year 8 0.}, b Y)- eti OL VA -C-X-}e-v Y-\01 walls DO O Year 9 repair wood Jtoons 2 ,oba Fwrovt �ak6 -Q- I acz -� Ude. Year 10 R_P_"lave, 4 d, 000 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. ALL CAPACITY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF � ! b`CY1 6'., COUNTY OF On before me, C1CT�l �llt� ��'���re�y'1 y (Date) II 1 r (Name and title the officer) / personally appeared �-IMU e A I�r y e�/ � L Y-\ c) Ckw C ll' cy (Narive otperson signing who proved to me on the basis of satisfactory evidence to.be the person(s)whose name(s)As/are subscribed to the within instrument and ackno led ed to me that e/sie/the executed the same in hii5/her/their authorized capacity(ies), and that by t�s/ r/their signature(s) on the instrument the person(s), or the entity upon behalf of which thhe person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM. #2063569 z z Notary Public•California o Z San Bernardino County Comm.Exaes 6,2018 Signature of officer (Sea!) Rev.01/01/2015 ALL CAPACITY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF 0--A l:LO'V ^ COUNTY OF Se W n&r l irLm On 10 before me, (Date) (Name and title of the officer) personally appeared (' o�4— (Name of person signiKthwelsame who proved to me on the basis of satisfactory evidence to be th person ose name is/ subscribed to the within instrument and acknowledged to me tha he/s /th execute in his/h r/tV, authorized capacity(i�and that by his/ham/their signature(,6'�on the instrument the person(e, or the entity upon behalf of which the person(X` acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r-:�oJOHN PAUL MAZER Signature of officer Notary Public-California i 4WA omw county COmieis W 1 2165677 Co011�. 21 2 0 Rev.01/01/2015