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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon, Assistant City
Administrator
Subject: Resolutions authorizing the
execution of Mills Act Preservation
Agreements
Dept: City Administrator's Office
Council Meeting Date: December 19,
2005
Date: December 5, 2005
Synopsis of Previous Council Action:
October 18, 2005 - Legislative Review Committee recommends implementation of a Mills Act Program.
November 7,2005 - Council adopts Resolution 2005-363 establishing the application process, review
procedures, and required contract provisions for the implementation of a Mills Act Program in the City of
San Bernardino pursuant to Government Code Section 50280, et seq., and setting an application fee and
an annual administrative fee
Recommended motion:
Adopt resolutions
&J~
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Signature
Contact person: Lori Sassoon
Phone: 5122
Supporting data attached: Staff report, resolutions, Ward: 1st. ih
Preservation Agreements
FUNDING REQUIREMENTS:
Amount: Some nominal loss of property tax revenue annually,
depending on property tax reductions.
Source: (Accl No.)
(Accl Description)
Finance:
Council Notes:
Ageod. Ite~ ~oS'
STAFF REPORT
Subiect:
Resolutions authorizing the execution of Mills Act Preservation Agreements
Backl!:round:
In late August 2005, Council member Kelley provided the Legislative Review Committee with
some written information concerning the Mills Act, and asked that staff research the matter and
bring it back for discussion at a subsequent Committee meeting. At the Legislative Review
Committee meeting of September 7, the Committee discussed the Mills Act program, provided
feedback concerning the concept, and asked staff to develop program details to be considered in
30 days. On October 4, the Committee discussed the program further. On October 18 the
Committee recommended adoption of the program, and on November 7 Council adopted
Resolution Number 2005-363 creating the program.
The Mills Act is a state law designed to provide financial incentives for property owners that
restore and maintain historic residential and commercial properties. Because the Mills Act
contract requires the property to be assessed using a different assessment methodology, it results
in a reduction in property taxes paid by the property owner. Approximately 80 cities throughout
California have adopted Mills Act programs, including several in the County of San Bernardino.
Resolution 2005-363 calls for Mills Act applications to be accepted annually during the month of
November.
For 2005, applications for the Mills Act preservation program were accepted from November 8
to November 30. Prior to the deadline, four (4) property owners submitted completed
applications along with the required application fees:
. Mrs. Barna's Mission-revival style home is located at 3170 Valencia Avenue. and was built
in 1925.
. Mr. & Mrs. Rowe's Spanish style home is located at 3120 Valencia A venue, and was built in
1924.
. Mr. and Mrs. Alexandrowicz' home, known as the Amasa Lyman Rich House, is located at
783 Mountain View Avenue. It was built in the late 1800's, and is a Queen Anne-style
home.
. Mr. and Mrs. Chapman's craftsman home is located at 3469 North Valencia Avenue and was
built in 1912. The home is not listed in the 1991 Historic Resources Reconnaissance Survey
specified in the Mills Act resolution. Planning staff has determined that it is likely that the
windshield survey overlooked this home. as it is difficult to see from the street. Since the
home should have been included in the pre-1942 inventory, staff is recommending it for a
Mills Act agreement. This will require an amendment to Resolution No. 2005-363. which is
also attached.
Upon adoption of the resolution, thc property owner(s) will enter into 10-year preservation
agreements, beginning upon contract acceptance and remaining in effect for a minimum initial
term of ten (10) years thereafter unless canceled by the City pursuant to Section(s) 8 or 9 of the
",'''mc", Ducic, ilii, ,imc ilio pmporty owo" (,) will be "4"~;~~:fikr
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savings into rehabilitation or maintenance of the historic property. The agreement requires the
property owner(s) to preserve and maintain the historic significance of the property, and to carry
out the rehabilitation and maintenance projects specified in their application materials. In
accordance with Government Code Section 50286, if the City cancels an agreement due to
breach by the property owner, or for the owner's failure to restore or rehabilitate the property in
accordance with the agreement, the property owner must pay a penalty to the County Auditor.
State law currently sets this penalty at 12.5% of the current fair market value of the property,
which is a significant penalty in today's real estate market.
Financial impact:
Property owners that have approved Mills Act contracts will see a reduction in their property tax
assessments, resulting in a corresponding reduction in property tax revenues. In San Bernardino,
the City receives an average of seventeen cents ($. I 7) of each dollar ($ 1.00) of property tax
generated, with the balance of revenues allocated to counties, school districts, and special
districts.
Each property owner has paid an application fee of $200.00. This fee will partially offset the
City's cost to process each application. In addition the property owner will pay an annual
administrative fee of$75.00 to offset costs of program administration.
Recommendation:
Adopt resolutions
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RESOLlTIO:\ :\0.
RESOLtTlO:\ OF THE \IA YOR A:\O CO\I\IO:\ COt:\CIL OF THE CITY OF SA:\
BER:\ARDI:\O A\lE"))I:\G RESOLtTlO:\ 211115-363, ESTABLlSHI'iG THE
APPLlCATlO" PROCESS, RE\"JEW PROCEOtRES, A:'IiO REQUREO CO"TRACT
PRO\"ISIO:'liS FOR TilE I\IPLBIE:'IiTA T10" Of A MILLS ACT PROGRAM I"
THE CITY OF SA" BER"ARDI"O I'{RStA"T TO GO\"ER"\lE"T COIl(
SECTIO'i 5112S0, ET SEQ., .-\"0 SETTI"G A" APPLlC\ T10'\ fEE
WHERE.-\S, Calil'1rIlia Go\ernment Code. .\rticle I~. Section 5()~80. morc commonl\
known as the \!ills Act. established legislation pro\'iding property tax relief for owners of
qualilied historic properties \\ho contract with a clly to abide b\ reasonable presen'atiC1l1
requirements: and
WHEREAS. presen-ation agreements \\ill ha\e beneficial effects on residential
neighborhc1ods. businesses. communit\ pride. and regional image: and
\\'HERE.-\S. the property located at 3469 :\orth Valencia A\enue was built in ]91~.
and although it is not listed in the 199 I Historic Resources Reconnaissance Surw\ . it is likel\
that the \\ indshield sune\ o\erlooked this home since it should hm'e been included in the pre-
194~ imenton:
BE IT RESOL \"EO BY THE \1.-\ YOR A"O CO\I\lO" COL'\CIL Of THE
CITY Of SA" BER"ARDI"O AS fOLLOWS:
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SEcno" I. Section 5 ofRcsolution ~005-363 is hereby amended to read as fL1l1o\\s:
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"SEcno" 5 Eligibihty for a Preser\ation Agreement shall be limited
to the owners of those properties identified in the San Bernardino Historic
Resources Reconnaissance Sune\. Volume 2 - Tabular List of All Suneyed
Historic Resources. dated April 30. 1991. Said list is hereby amended to include
3469 Valencia A \enue. a residence built in ] 9 I 2 and of historic significance,
The \la\Of and Council hereby find that all properties contained in this list. as
amended. shall be considered Qualitied Historic Properties for purpc1Ses of the
'dills Act. pursuant, to California Go\Crnment CL1de SectiL1n 50~80,1 ( b)
710.7-
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RESOLlTIO:\ OF TilE \IA YOR A'I;D CO\I:\IO:\ COl":\CJL OF TilE CITY OF S\\
BER:\..\IWI'\"O A.\IE'I;OI:\G RESOLl"TIO:\ 22005-363, ESTABLlSHI'\"G THE
.\PPLlCA TIO:\ PROCESS, RE\"IEW PROCEOl"RES, A:\O REQURED CO:\TRACT
PRO\"lSIO'l;S FOR TilE Ii\1PLDIE:\T.\TIO:\ OF A 'IILLS ACT PROGIU'I 1'\
TIlE CITY OF SA" BER;'I;AROI'\"O PlRSl"A:\T TO GOYER:\':\lE:\T CODE
SECTIO:\' SOl SO, ET SEQ., A:\1> SETTI:\'G A'i APPLlCA nO'i FEE
[ IIEREBY CERTIFY that the loregt)]!lg Resolution "as duh adopted b\ the \Ia\ol
and Comllh'n C,'uneil t,f the City of San Bernardino at a
meeting thereof. held on the
da\ of
. ~(J(J5. by the follcming yote. to ".it:
Coullcil \Icmbers:
.\YES
\.\ YS
.-\13SIA[\
\BSENT
ESTRADA
LO'\G\"[LLE
\lCGE\\IS
DERR Y
l\.ELLEY
JOI-J\SO\
\ICC.-\\I\L.\Cl\.
City Clelk
Ihe [()regOillg resolution IS hereby approwd this
da\ of
~005.
Judith \.alles. \layor
Cit\ of Sail Bernardino
.\ppro\"L'd as W
Form and Iega[ content:
Jallle~ F. Penman. City ..\tlorne)
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RESOLCTlO'l'lO.
RESOLlTIO'l OF THE :\IA YOR A'ID CO:\l]\IO'I COl'lCIL OF THE CITY
OF SA'I BER"iARDINO AUTHORIZI'IG THE EXECl'T10'l OF A :\IILLS ACT
PRESER\'ATlO"i AGREDIENT WITH JOHN STEPHDi ALEXA'IDROWICZ
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BE IT RESOL \'ED BY THE 'VIA YOR A'ID CO:\OION COl'lCIL OF TilE
CITY OF SAN BER'IARDIl\O AS FOLLOWS:
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7 SECTION I. The '\layor of the City of San Bernardino is hereh\ authorized and
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directed to execute on behalf of said City, a '\tills Act Presen'ation Agreement bet\\een John
Stephen .-'\lcxandro\\icz and the City of San Bernardino. a copy of \\-hich is attached hereto.
marked Exhibit "X' and incorporated herein h\ referen<;e as though fully set forth at length_
SECTlO'\' 2.
The authorization to execute the abo\e-referenced agreement 15
rescinded if the parties to the agreement fail to execute it \\'ithin sixty (60) days of the passage
14 uCthis resolution.
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RESOLl'TI01\ OF THE \1.-\ YOR A1\D CO\nlO:\ COl':\CIL OF TilE CITY
OF SA:\' BER:\ARDI\'O Al'TIIORIZI\'G THE EXECl'TIO:\ OF A '\IILLS\CT
PRESER\'ATIO\' AGREE'\IE1\T WITH JOH:\ STEPIIE:\" ALEXA:\DROWICZ
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the \Ia:or
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and Common Council of the City of San Bernardino at a
meeting thereof. held ()n the
da\ of
. 2005. by the following \'ote. to wit:
AYES
'JA 'y'S
ABSTAI:\ ABSE]\T
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City Clerk
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The foregoing resolution is hereby approved this
da: of
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Judith Valles. "Iayor
City of San Bernardino
..\pp1O\ed as to
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26 JA\IES F PEM1A'J
City Attorney
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Exhibit "A"
HISTORIC PROPERTY PRESERVA nON AGREE!\IEI'T
("'"LLS ACT COl'iTRACT")
THIS AGREE!\IE;-';T is made this :Vlonday, December 19lh, by and between the City of San
Bernardino, a municipal corporation ("City") and John Stephen Alexandrowicz ("Owner").
RECITALS
1. California Govenmlent 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
Go\crnment Code Section 50280.1, for the purpose of providing for the use, maintenance,
protection, and restoration of such historic property so as to retain its characteristics as property
of historic significance.
2 Owner holds fee titie in and to that certain real property, together with associated
structures and improvements thereon, general located at the street address 783 Mountain View
Avenue San Bernardino, Califomia ('"Historic Property"). A legal description of the Historic
Property is Jttached hereto as E~hibit ".-\" and incorporated herein by this reference.
3. By authorizing this agreement, the Common Council hereby designates the Historic
Prope11y as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5.
4. Cit" and Owner desire to enter into this Agreement for the purpose of protecting and
preserving the characteristics of historicai significance of the Historic Property that heip provide
the community with its own ul1lque civic identity and character.
5. O\\ner. in consideration for abiding by the terms of this Agreement. shall be entitled
10 quail fy for a reassessment of valuation of the Historic Property. pursuant to the pro\'isions of
chaptcr 3, Part, 2, ofDi\'ision I of the California Revenue and Taxation Code, and any
corresponding adjustment in property taxes resulting therefrom,
TERM
l':O\\', 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 19th, 2005 ("Effective Date") and shall remain in effect for a
minimum initial tern] often (10) years thereafter unless canceled by the City pursuant to Section
8 or 9 of this Agreement.
2, Renewal. Upon each anniversary date, beginning at the end of the initial ten year term
("Renewal Date"), an additional one (I) year shall automatically be added to the tern] of the
Agreement unless a notice ofnonrenewal is delivered as provided in Section 3 of this
Agreement.
3, Nonrenewal. If either the Owner or City desires in any year not to renew this
Agreement, O\mer or City shall serve a written notice of nonrenewal upon the other party in
ad\ance of the Renewal Date (":\otice of Nonrcnewal"), The !'otice of Non renewal shall be
effective only if sef\CU by Owncr upon City at least nincty (90) days prior to the Renewal Date,
or ifsef\'ed by City upon Owner, the :\otice of Nonrenewal shall be effective only ifsef\'ed upon
Owner alleast sixty (60) days prior to the Renewal Date, If either City or Owner sef\'es a Notice
ofNonrenewal in any year, this Agreement shall remain in elTect for the balance of the tern] then
!'cm<1lt1mg.
+, Owner Protest ofCit\' :'\onrencwal. Within fiHeen (15) days of Owner's receipt of the
l':otice of Nonrenewal from City, Owner may file with City a written protest of the Notice of
l\'onrenew'al. Cpon reccipt of the written protest, the Common Council shall set a hearing prior
to the expiration of the Renewal Date of this Agreement. Owner may furnish the Common
Council with any information which Owner deems relevant and shall furnish the Common
Council with any information it may require. The Common Council may, at any time prior to
the annual Renewal Date, withdraw its Notice of Nonrenewal.
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 b~
determined by the Director of Development Services or his/her designee. In addition, Owner
shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the
Historic Property so as to maintain its historical and cultural significance.
B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic
Property to conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, the United States Secretary of the Interior
Standards for Rehabilitation, and the State Historical Building Code. The condition of the
exterior of the Historic Property on the effective date of this Agreement is documented in
photographs attached as Exhibit "B" and incorporated herein by this reference. The Owner shall
continually maintain the exterior of the Historic Property in the same or better condition as
documented in Exhibit "B".
C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects
on the Historic Property, as outlined in the attached Exhibit "e", which is incorporated herein by
this reference. All such projects shall be undertaken and completed in keeping with the historic
nature of the property. Projects may be interior or exterior, but must utilize all property tax
savmgs.
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D. Owner shall not be permitted to block the view corridor wIth any new structure, such as
walls, fences or shrubbery, so as to prevent the \'iewing of the Historic Property.
6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow
reasonable periodIc examinations of the interior and exterior of the HIstoric Propcrty 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 tenns and pro\'isions of this Agreement.
7. Provision of Infornlation of Compliance; Yearlv Administrative Fee. Owner hereby
agrees to furnish City with any and all information requested by City, which City deems
necessary or advisable to deternline eligibility of the Historic Property and compliance with the
ternlS and provisions of this Agreement. Requested information may include, but not be limited
to, required annual reports, as well as receipts documenting property maintenance and/or
improvement expenditures that equal or exceed annual estimated property tax savings. Owner
shall also pay City a yearly administrative fee of seventy-five dollars (575.00).
8. Breach of Agreement. Remedies.
A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement,
City may giv'e written notice to Owner by registered or certified mail detailing Owner's
violations. Ifsuch violation is not corrected to the reasonable satisfaction of City within thirty
(30) days after the date of notice of violation, or within such a reasonable time as may be
required to cure the violation (provided the acts to cure the violation are commenced within
thirty (30) days and thereafter diligently pursued to completion), the City may, without further
notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's
breach, City may pursue any remedy available under local. state, or federal law, including those
specifically provided for in this section.
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B. Remedv - Cancellation. City may cancel this Agreement if City determines, following a
duly noticed public hearing in accordance with Govenunent Code section 50185, that Owner
breached any of the conditions of the Agreement, Owner allowed the Historic Property to
deteriorate to the point that it no longer meets the standards for a qualified historic property, or
Owner failed to restore or rehabilitate the Historic Property in accordance w'ith the terms of this
Agreement 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 50186.
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 perfonnance,
injunction, or receivership.
9. Destruction of Pro pert v; Eminent Domain; Cancellation. If the Historic Property is
destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City
Building Official more than sixty percent (60%) of the original fabric of the structure must
replaced, this Agreement shall be cancelled because the historic value of the structure will have
been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or
other acquisition by any entity authorized to exercise the power of eminent domain, and the
acquisition is deternlined by the ~layor and Common Council to frustrate the purpose of this
Agreement, this Agreement shall be cancelled. 1\0 cancellation fee pursuant to Government
Code Section 50186 shall be imposed if the Agreement is cancelled pursuant to this Section.
10. Wai\'er. City does not waive any claim of default by Owner if City does not enforce
or cancel this Agreement All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in City's regulations governing historic properties are
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a,'ailable to the City to pursue in the event that there is a breach of this Agreement ",,0 waiver
by City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
II, Bindini!. Effect of AQreement Owner hereby subjects the Historic Property to the
covenants. conditions. and restrictions set forth in this Agreement. City and Owner hereby
declare thcir specific intent that the covenants, conditions, and restrictions set forth herein shall
be deemed covcnants miming ,,'ith 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 instmment hereinafter executed, covering or conveying the Historic Property, or any
portion thereof, shall conclusively be held to have been executed, delivered and accepted subject
to the co"enants, reservations and restrictions set forth herein,
12, Covenants Run with the Land, City and Owner hereby declare their understanding
and intent that the burden of the covenants, reservations and restrictions set forth herein touch
and concern the land in that they restrict development of the Historic Property, City and Owner
hereby further declare their understanding and intent that the benefit of such co"enants,
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, "otice, Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other address as
may be later specified by the parties hereto:
City:
City of San Bernardino
City Administrator's Office
300 (\;orth 0 Street
San Bernardino, CA 92418-0001
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O\nlcr:
John Stephen Alexandro\nCl
783 Mountain A v'enue
San Bernardino, CA 92410
14. Effect c':' Agreement. l\one 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 ternlS. provisions or conditions cause the parties to be
considered joint veIllurers or members of any joint enterprise.
15. Indemnitv 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 feder"!, 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 Ovmer or any contractor, subcontractor, employee,
agent, lessee, licensee, irritee, 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 ternlination,
cancellation. or expiration of this Agreement and shall not be restricted to insurancc proceeds, if
any received by City, its elected officials, employees, or agents.
16. Binding Upon Successors. All of the agreements, rights, obligations, covenants,
rescrvations, and restrictions contained in this Agreement shall be binding upon and shall inure
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to the benefit of the parties herein, their heIrs, successors, legal representati\'es. assigns and all
persons acquiring any part or portion of the Historic Property, whether by operation of law or in
any manner whatsoever.
17, Le2al Costs, In the e\'cnt legal proceedll1gs 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 thc rights and duties of any party hereunder, the prevailing parting in such
proceeding may recover all reasonable attorneys' fees to be fixed by the court. in addition to
court costs and other relief ordered b\' the court, The costs, salaries and expenses of the City
Attorney and members of his/her offiee in enforcing this Agreement on behalf of the City shall
be considered as "attorneys' fees" for the purposes of this paragraph.
18. Se\'Crabilit\'. In the e\'ent that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction. or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
19. Recordation. No later than twenty (20) days after the Effective Date, City shall
cause this Agreement to be recorded in the office of the County Recorder of the County of San
Bernardino. Owner shall provide written notice of the contract to the State Office of Historic
Preservation within six (6) months of entering into the contract.
20. Amendments. This Agreement may be amended, in whole or in part, only by written
recorded instrument executed by the parties hereto.
2], Governing Law and Venue. This Agreement shall be construed and go\'erned in
accordance with the laws of the State of California. Any action at law or in equity brought by
either of the parties hereto for the purpose of enforcing a right or rights provided for by this
Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino
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HISTORIC PROPERTY PRESERV A no!'! AGREEMENT
(";\IILLS ACT CONTRACT")
State of Cali fomi a, and the parties hereby waive all provisions of law providing for a change of
venue in such proceedings to any other county.
IN WITNESS \VHEREOF, City and Owner have executed this Agreement on the day
and year first above written.
Dated:
CITY OF SAN BER..'\'ARDINO
By:
ATTESTED TO:
By:
Dated:
Owner
Owner
Approved as to fonn
and legal content
JAJv1ES F. PE~'MAN
City Attomey
By:
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RESOLlTIO'i 'i0.
RESOLlTlO'i OF THE :\1.-\ 'lOR .\'i0 CO:\I:\IO'i COl'iCIL OF THE CITY
OF SA'i BER'iARDI'iO AlTHORIZI'iG THE L\EClTlO'i OF A :\HLLS ACT
PRESERYATlO'i AGREDIE'iT WITH JOH'i W. BAR'iA A'iI> '\IARIE T. BAR'iA
BE IT RESOL YED BY THE .\IAYOR A'iD CO'\I:\IO'i COl'iClL OF THE
CITY OF SA'i BER'iARI>I'iO AS FOLLO\\S:
7 SECTlO'i I. The \layor of the City of San Bernardino is hereby authorized and
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directed to execute on \:1ehalf of said City. a ;..lills Act Presenation Agreement between John
\\.. Barna and \13rie T. Barna. and the City of San Bernardino. a copy of \\hich is attached
hereto. marked Exhibit "X' and incorporated herein by reference as though fully set forth at
length.
SECTIO" 2. The authc)rization to execute the a\:1o,.e-referenced agreement is
rescinded if the panies to the agreement fail to execute it \\ithin sixty (60) days of the passage
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RESOIXTlO:\ OF THE 'IA YOR A!\O CO'I:\10:\ COl:\CIL OF THE CITY
OF SA:\ BER:\ARDl:\O AlTHORIZl:\G TilE EXEClTIO:\ OF A 'lILLS ACT
I'RESER\'..\TlO:\ AGREDIE:\T WITH .JOB:\ W. BAR\A A:\O 'lARIE T. BAR\A
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I IlEREBY CERTIFY that the foregoing Resolution was dul\ adopted by the \la\or
and Cllll1mlHl Council of the City of San Bernardino at a
meeting thereof. held on the
. 2005. by the following \ote. to wit:
day of
:\YES
'\A YS
ABSTA],\
:\13SE\T
City Clerk
In
The foregoing resolution is hereh\ approwd this
d;JY of
2005.
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23 .\ppro\ed as to
24 Form and legal content:
25 J.\\lLS F I'E'\\I.\'\
26 Cit\ .\norney
,,- \
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13\ ]
28 r ./
Judith Val ks. \layor
City of San Fkrnardino
il
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Exhibit "A"
IIISTORIC PROPERTY PRESERVATlO:\ AGREDIE:\T
(""lILLS ACT CO'l'TRACT")
THIS AGREE'\IE'\T is made this Monday. December 19th. by and bemeen the City of San
Bernardino. a municipal corporation ("City"), and John \\'. Barna and \larie T. Barm
("Owner")
RECITALS
I. CalifiJrnia Go\ernment Code Section 50280. e1. seq. al1o\\'s cities the discretion to
enter into contracts with the o\mers of qualified historic properties. as that term is detined in
Go\'Crnment Code Section 50280.1. for the purpose of pro\'iding for the use, maintenance.
protection. and restoration of such historic property so as to retain its characteristics as property
of historic significance.
2. O\\'ner holds fee title in and to that certain real property. together \\ith associated
structures and impro\ements thereon. general located at the street address 3170 Valencia A\'enue
San Bernardino, California {"Historic Property")..-\ legal description of the Histone l'wperty IS
attached hereto as Exhibit "A" and incorporated herein by this reference.
3. By authorizing this agreement. the Common Council hereby designates the Ilistoric
Property as a Qualified Ilistoric Property as defined by Resolution 2005 - 363. Section 5.
4. Cit\. and O\\ner desire to enter into this Agreement fllr the purpose of prolccting and
preser\ing :he characteristics of historical significance of the IJ istoric Property that help pn\\'ide
the community \\ith its own unique ci\'ic identity and character.
, O\\ner. in consideration for abiding b\' the terms of this Agreement. shall be entitled
I,. qualify ti,r a reassessment of\aluation of the llistoric l'ropnt\. pursuant 10 the pro\islons 01
chapter:;. l'etn. 2. of Di\'ision I of the California Re\'enue and TaxatiL1l1 CL)de. and an\
corresponding adjustment in propert\' taxes resulting theretj.om.
TER\f
l\0\\'. THEREFORE. the City and O\\ner in consideration of mutual el)\enanh and
conditions set forth herein. do hereby agree as follll\\s:
1. ElTecti\.e Date and T nm of :\~reement. This Agreement shall be effective and
commence on \fonda\. December 19[h ~005 (".Effecti\.e Date") and shall remain in effect for a
minimum initial term often (] 0) \.ears thereafter unless canceled 10\ the City pursuant to Section
8 or 9 of this Agreement.
2. Rene\\.al. Cpon each anniversary date. beginning at the end of the initial ten year term
("Rene\\al Date..). an additional one (1) year shall automatically be added to the term of the
.\greement unless a notice ofnonrene\\al is deli\ered as prO\ided in Section:; l)fthis
.4.grecmcnt.
3. :\onrene\\al. If either the Owner or City desires in any year not to rene\\ this
.".greement. O\\ner or eit\ shall sen.e a \\Titten notice of nonrene\\al upon the other party JI1
advance of the Rene\\'al Date (".0:otice of:\onrenewan. The \:otice of0:onrene\\al shall be
cffecti\.e only if sened by O\\J1er upon City at least ninet\ (90) cb\.s prior to the Rene\\al Date.
or ifsened by City upon O\mer. the \:otice of:\onrene\\.al shall be eftl:ctive only ifsened upon
O\mer at least sixty (60) days prior to the Rene\\al Date. If either City or O\\ner senes a \otice
of :\onrene\\al in any year. this Agreement shall remain in effect for the balance of the term then
remall1ll1g.
-I. ()wner Protest of Cit\' '\onrenewal. \\.ithin tifteen (15) days of O\mer" s receipt of the
:\()tic~ of:\onren~\\.~ll from City. Owner may til~ with City a \\rittl'n protest of the :\otice of
0:onrene\\al. t'pon rec~ipt of the written protest. the Common Council shall set a hearing prior
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to the e:-;piralion of the Rene\\al Date of this ,-'.greement. Ch\l1cr may furnish the Common
Council \\ith an\ inforn1ation \\'hich O\\ner deems rele\'ant and ,hall furnish the Celmmun
Council \\ith an\ information it ma) require, The Common Councilma\, at an\ time prior tD
the annual Rene\\ "I Date, \\ithdra\\ its '\otice of '\omene\\a!.
), Standards for Hi>torical Prorert\', During the term elf this ,\greement. the Hiswric
Property shall be subject to the follo\\ing conditions, requirements. and restrictions:
A, O\\ner shall prcsene and maintain the characteristics of the cultural and historical
significance of the Hist"ric Propcrl\, Compliance or non-compliance \\ith this section shall bc
determined by the Director of Dc\elopment Senices or his her designee, In addition. O\\ner
shall obtain any applicable penn its necessary w protect. presene. restore. and rehabilitate the
Historic Property so as to maintain its historical and cultural significance,
B, Om1er. \\hen nece"ary as determined by the City. shall restore and rehabilitate the Historic
Property to conform to the rules and regulations of the Oflice of Historic Presenation of the
California Department of Parks and Recreation. the l'nited States Secretary of the Interior
Standards for Rehabilitation. and the State Hiswrical Building Code The condition of the
e:-;terior of the Historic Property on the crfecti\e date of this Agreement is documented in
photographs attached as Exhibit "B" and incorporated herein b\' this reference, The O\\ner shall
continually maintain the e:-;terior of the HislOric Property in the same or bellcr condition as
documented in E:-;hibit "B",
C. O\\ner shall carry out specific reslOration. rcpair, maintenance. and 'elr rehabilitation projccts
on the Historic Property. as outlined in the attached E:-;hibit "C'. \\hich is incorporated herein by
this reference, All such projects 5hJII be undertaken and completed in keeping \\ith the historic
nature of the property, Projects ma\ be interior or e:-;terior. but must utilize all property ta\
sa\"lI1gs.
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D, O\\ner shall nut be perI11ltted tu blucK the yie\\ corridur \I ith any ne\\ structure. such as
\I ails. j~nces or shrubbery. so as IL1 preYent the \'ie\\ing [)fthe Histnric Pruperty,
6, Perilldic E:-;aminations, Lpun reasonable ad\'ance notice. O\\ner shall allm\
reaS<lnablc peri"dlc e:-;aminations of the interior and e:-;terior of the llistoric Prupert\ b~
representati\es of the Clllmt\ Assessor. the State Department of Parks and Recreation. the State
Board of Eljualization and or City. as may be necessary to determine Owner's compliance with
the terms and pru\'isions of this Agreement.
7, I'ro\'i,ion of Information of Compliance: Yearly ..\dministratiw Fee, O\\I1er hereby
agrees IL1 furnish City \\ith any and all information reljuested by City. which City deems
necessary or ad\'isable to determine eligibility of the Historic Property and compliance \yith the
terms and prm'isions ufthis Agreement. Requested information may include. but not be limited
to. required annual reports. as well as receipts documenting pruperty maintenance and/or
imprmement e:-;penditures that equal or exceed annual estimated property tax sayings, O\\I1er
shall also pay City a yearly administratiye fee of seyemy-fiw dollars (575,00l.
8, Breach of .\!lreement: Remedies,
..\, 'intice of Breach: Opportunity IL1 Cure, [f Omler breaches any pro\'ision of this ..\greement.
City may gi\e written notice to Owner by registered or certified mail detailing O\\ner's
\iolations, If such yiolation is not corrected IL1 the reasonable satisfaction of City \\ithin thirty
(30) days after the date of notice of \iolation. or \\ithin such a reasonable time as may be
required to cure the yiolation (pruyided the acts to cure the \iolation are commcnced \\ithin
thirty (30) days and thereafter diligently pursued to completion). the City may, without further
notice, declare Om1er to be in breach of this Agreement. lTpon City's declaration of Owner's
breach. Cit\ may pursue any remed\' a\'ailable under [ocal. state. or federal law. including those
specijicall~ prmided for in this section,
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B, Rcmed\ - Cancdlation, Clt\' ma\ cancd thts ..\~rccmcnt 11 CIt\' dcterJlllncs. !()]Il"\ 111~ "
duly noticed public hCJrin~ in accordance \\ ith Go\ertlment Codc sccti(ln 50CS5. that Owner
breached Jny of the conditillns or the .-\~reemcnt. O\\Jler allo\\ed the Historic Property to
dcterillrate to thc point that it no longer meets the standards f()r J Ljualiticd historic prllperry. \'1'
Chmer failed tll restore Ill' rehabilitate the Historic Property in accordance with the terms of this
.\~reement. Iflhis A~rcement is cancelled. undcr this paragraph. Owner shall pal' a cancellation
fee to the Office Oflhe Auditor for the Count) of San Bernardino as required b) Go\ernment
Code section 50c86,
C, Alternati\C Remedies, .\5 an ahernati\'e to cancetlatilln of this .-\greemcnt fill' O\\Jler's
breach of any conditinn. Cily may bring an action in court necessary to enforce this Agreement
including. but not limited to. an action to enforce this Agreement by specitic performance.
injunction. or recei\'ership.
9, Destruction of Pro pert\': Eminent Domain: Cancellation, If the Historic ProperlY 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 bbric of the structure must
replaced. this Agreement shall be cancelled because the historic \'alue llf the structure \\'ill ha\'e
been destro\'ed. If the Historic Property is acquired in \\'hole or in part b\' eminent domain or
other acquisition b\' any entity authorized to exercise the po\\er of eminent domain. and the
acquisition is determined by the \layor and Common Council to frustrate thc purpose of this
Agreement. this Agreement shall be cancelled. :\0 cancellation fce pursuant to Go\'ernmcnt
Code Section 50CS6 shall be imposed if the Agreement is cancelled pursuant to this Section.
10. Wailer City does not \\ai\e any claim of default by Owner if City does not enforce
or cancel this Agreement. All other remedies allaw or in equity \\'hieh arc not othem ise
prolided for in this Agreement or in Cit)'s regulations go\crning historic properties are
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J\'ailabk to the Lity to rUbll~ in th~ ('\"(:nt that there lS ~l br:.:~h..-,h \Jrthi~ "-\SH.,\.'!ll('t1L ~\\ \\;1!\"cr
I,)' City or any br-='3ch or default unJer this Agreeml'nt sh~lIl he J-.:cmcJ tll h\..' ~l \\ai\'..:r dt .111)
uther suhsequent hre~eh thereof or def~ult hereunder.
II. Bindin~. Effect of .-\greement. lhmer hereh\ suhlecb the fliq"ric Pwpcrt\ t,l the-
co\"cnants. conditi(Jl1s. ond restrictiot1s set forth m this Agreement. Cit)' anJ U\\'l1er herd');
decl3re their specific intent that the cm'enants. conditions. and restrictions set forth herein shall
he deemed cm'enants running \I'ith the land and shall Inure tn and he hinding upon O\lnec s
SUccessors and assigns in title or interest to the Historic Propert\. Each ~nd e\ery contract. deed
or other instrument hereinafter executed. co\'ering or cOl1lcying the Historic Property. or any
portion thereof. sh~1l conclusiwly be held to ha\'e been executed. d"li\ered and accepted subject
10 the cmellJl1ls. resenations and restrictions set forth herein.
12. Cownants Run \I ith the Land. City and O\\l1er hereby declare their understanding
and intent that the hurden of the co\enants. reseryations and restrictions set Llrlh herein touch
and concern the land in that they restrict de\elopment of the Historic Property. City and O\\ner
hereby further declare their understanding and intent that the henefit of such eownants.
resenations and restrictions touch and concern the land by enhancing and maintaining the
cultural and historical characteristics and signilicance of the Ilistoric Prtlpeny for the benefit of
the puhlic and the 0\1 ner.
13. '\otice. .-\ny notice required to he gi\en by the terms of this .-\greement shall be
prO\ided at the address of the respecti," parties as specified belo\l or at any other address as
may be later specified by the parties heret":
City:
City of San Bernardino
City c\dministrator's Office
300 "'orth D Street
<;an Bernardino. CA 9:.) 18-000 1
6
O\lner:
John \\", Barna and '.lane T, Barna
31 70 Valencia A \enue
San Bernardino. c.\ 92404
14, Effect of .\ureemenl. \:one of the terms. proyisions or conditions of this ,\greement
,hall bL' deemed ltl create a partnCJ"ship bet\leenthe parties hereto and an\ of their heirs.
Sl1cccssurs nr assigns: nor shall such terms. pru\"isions or conditions cause the parties to be
c(,nsidered joint \"t:nturers or members of any joint enterprise,
15. Indemnity ofCit\. O\\l1er shall defend. indemnil~'. and hold harmless City and its
elected ofticials. officers. agents and employees trom any actual or alleged claims. demands
cause, of action. liability. loss. damage. or injury to property or persons, including \lTongful
death. \lhether imposed by a court of la\\ or by administrati\'e action of any federal. state or ]ocal
gm'ernmental agency. arising out of or incident to (i) the direct or indirect use. operation. or
maintenance of the Historic Property by O\\l1er or any contractor. subcontractor. empl('yee.
agent. Icssee. licensee. il1\'itee. or any other person: (ii) O\\ner's aeti\'ities in connection \I'ith the
Ilistoric Property. or from the enforcement of this Agreement. This indemnification includes.
"ithout limitation. the payment of all penalties, fines. judgments. a\lards. decrees. attorneys'
kes and related costs or expenses. and the reimbursement of City. its elected olTieials.
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 of'lice in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph, O\\ner's obligation to indemnify shall suni\'e the termination,
c'lI1cdlation. or expiration of this Agreement and shall not be restricted to Insurance proceeds. if
am recei\Cd by City. its elected officials. employees. or agents.
]6, Bindinl! Coon Successors, All of the agreements. rights. obligations. cmcnants.
r'c,en ati')Ih. and restrictions contained in this .-\greement shall be hinding upon and shall inure
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tll the benefit of the parties herein. their beirs. successors. legal representatiws. assigns and all
perSllllS acyuiring an\ pan or portion oftbe Historic Property. \d1ether by operation of law or in
any mannc:r \\hJtsUt.'\'c'L
17. Le~al Costs. In the e\ent legal pmceedings are brought by any party or parties to
enforce or restrain a \iobtion 11 f any of tbe co\enants. conditions or restrictions contained l,erein.
l1r t1' determine the rights and duties of any pan\ hereunder. the pre\ailing parting in such
proceeding ma\ reco\U all reasonable a\lorneys' fees to be tlxed by the court. in addition to
court costs and otber rL'iicf ordered b\ the court. The costs. salaries and expenses of the Cit\
..'..\lorney and members of his ber oftice in enforcing tbis Agreement on behalf of the City shall
be considered as "attorneys' fees" for the purposes of this paragraph.
18. Snerabilit\. In tbe e\ent that any of the pro\isions oftbis Agreement are held to be
unenforceable or ii1\alid by any court of competent jurisdiction. or b\ subsequent preempti\'e
legislation. the \'alidity and enforceability of the remaining pro\isions. or portions thereof. shall
not be effected thereby.
19. Recordation. :\0 later than twenty (20) days after the Effectiw Date. City shall
cause this ,\greement to be recordcJ in the office of the County ReCllrder of tbe C\llll1ty of San
Bernardino. O\\l1er sh,lIl 1'1'1)\ ide wTittennotice of the contract to the Slate Onice uf Historic
Preser\ation wi thin six (6) months of entering into the contract.
20. ~\mcndments. This .\greement ma\ be amended. in whole Ill' in part. onl\' b\ \Hitten
recorded instrument exenlled by the parties herdo.
= I. (jll\ernll1~ Law and \'enue. This Agreement shall be construeJ anJ go\~rncJ in
accordance with the laws o[the State of California. Any action at 1:1\\ or in equity brought by
either 01' the parties hereto le)r the purpose of enforcing a right or rights prl,,'ided le)r h\ this
\grec'1l1eIll shall be tried In a u'urt 1'1' compctel1tillrisJiction in the elmnty of San 13crnarJino
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HISTORIC PROPERTY PRESER\'ATIO'i AGREDIE'iT
(":\I1LLS ACT CO:'l:TRACT")
State llfCalil(Jr11ia. and the panics hereby \\'aiw all pro\isions ofla\\ pro\iding for a change of
\-CI1UC in such proce~Jings to ;:my other county.
1:\ \\'IT:\ESS \\TIEREOr. City and O\\ner ha\'e executed this Agreement on the day
and \ear first abO\e \Hillen,
Dated:
CITY OF SA" BER~ARDI:\O
By:
A TTESTED TO:
B) :
Dated:
O\\'ner
O\\'ner
,-\pprowd as to fnrm
:ll1d legal conteI~t
.!, \\ IES F I'E:\\I.-\:\
City Allorney
l~y:
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Exhibit "All
.....'HEN RECORDED MAIL TO
PFF BANK & TR UST
9467 Milliken A\'~nue.
P. O. Box 2729
Rancho Cucamonga, CA 91729-2729
LOAN CLOSING DEPARTME~
ATTN: KAREN BESSETTE
I
DEED OF TRUST
SPACE ABOVE POR _~CORDER'S use
LeA., ID: 246248215
I I This is a:
~ This is not a:
CONSTRUCTION TRUST DEED
THIS DEED OF TRUST is made this 3rd day of AUGUST, 2004
among the Trustor,
JOlh'l "' BARNA AND MARIE T BAR1'IA, HUSBAND AND WIFE
(herein "Borrower"),
POMONA FINANCIAL SERVICES, 1!'Ie. (herein 'Trustee"),
and the Beneficiary, PFF BA.\'K & TRUST a corporation organized and existing under Ihe laws of THE UNITED
STATES OF AMERICA whose address is 9467 Milliken A"enue, P_O. Box 2729, Rancho Cucamonga, CA 91729-2729
(hcrein "Lender").
BORRO\~lER, in con5id~ration of the indebtedness herein recited and the trust herein created, irrevocably grants
and conveys to Trustee, in trust, with power of sal~, the following described property located in the County of
SAN BERNARDINO , State of California:
SEE i'.XHIBIT "A" ATTACHED
HEREOF
HERETO AND ~\DE A PART
AP~:D153-221-14-0000
which has the address of
)., - ,-' ~~ \'.-\LE:\CIA AVE, SAN BERNARDINO. CA 92404
26-l0L (4/96)
rroc7l9';~
(herein "Property Address");
I CUJHJR'IIA _ HmlE I~PRO\'E~IE~"T -l/lIlI- FN~IAfFIILMC UNIFORM IS>1lltiME~"T
Rorrow~l"s Inidals
A <pa!"t";';
tUll'l1lP41Cl
LENDER
.:,,, , ,""'.... ..... lllln,..
~On!jT en In ~~n
l\;;....... -~........~~:, Uor"..-:LJ...r-~~~i-.~~..
Exhibit IIA"
EXHIBIT "A ., ATTACHED HERETO A-NTI !V1ADE APART HEREOF DEED OF
TRUST DATED At:GUST 3, 2004, IN THE AMOlD\'T OF $100,000.00 EXECL'TED
BY JOHN W BAR.'\A AND MARIE T BARl'iA, HUSBA,"ID AND WIFE, IN
FAVOR OF PFF BAt\JK MTI TReST A C:-';ITED STATES CORPORATION.
LOAN #246248215
EXHIBIT "A"
ALL THATR PORTION OF lOT 4. BLOCK 21 OF ARROWHEAD JUNCTION TRACT, AS PER MAP
RECORDED IN BOOK 12, PAGE 11 OF MAPS, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,
CALIFORNIA DESCRIBED AS FOllOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH ALONG THE EAST LINE OF SAID LOT. 126.45 FEET;
THENCE WESTERLY IN A STRAIGHT LINE 245 FEET TO A POINT IN THE WEST LINE OF THE EAST
245 FEET OF SAID LOT, WHICH IS 125.68 FEET SOUTH OF THE NORTH LINE OF SAID LOT;
THENCE PARALLEL WITH THE EAST LINE OF SAID LOT, 125,68 FEET TO THE NORTH LINE OF SAID
LOT;
THENCE EAST ALONG SAID NORTH LINE 245 FEET TO THE POINT OF BEGINNING,
~.^,
,.......,n,.......,nn,...,..,,...
QU JQO om uuor
dan:;JT en In oan
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~i::'~l"'" r:~~"(?'~i:t.}:..;~;~
Exhibit liB"
-
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..,:.. ,,;-~.~\~~..~.. ..,~.;:.
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Exhibit "C"
l'v1ills Act Program Ten-Year Rehabilitation Plan
Clly of San Bernardino
BARNA
3170 Valenc," A \"enue
I Year 1 Proposed Project (s)' Estimated
Cost
I
I Year 1 ! All electrical re-\vlred, replacmg all onginal wiring. Restore light !
I $5255.00
! fixtures to original style. re.Wlre and move 2 chandeliers !
Year 2 I Replace ~ electric furnaces. Replace 2 aging water heaters. i
, 522.950.00
, Replace / Re-do original pipes.
I
Year 3 Add thresholds and all new hardware to all existing exterior
doors 52395.00
Year 4
Add :' Replace all screens and screen doors
53000 1465.00
Year 5
Add Replace / Refurbish original roll up screens in windO\vs
5200000
Year 6
Re-model and add tub to master bath
530.00000
Year 7
Rc-model guest bathroom. Replace 1970's fixtures and replace
toilet. sink.. .etc.
55000.00
Year 8
Re-model ~/2 bath. replacing flooring to original style
52500.00
Year 9
Landscape and repair front yard and driveway
530.00000
I
Year 10-1
!
Landscape Backyard
510.000.00
Projects may be interior or exterior, but must utilize
all tax savin!!:s.
Copies of all receipts and permits required with annual reports.
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RESOLlTlO\ \0.
RESOLlTIO\ OF THE I\lA YOR A\D CO'I:\IO\ COl\CIL OF TIlE nn
OF SA\ BER\ARDI\O AlTIIORIZI\G THE EXECTTIO\ OF A 'IILLS ACT
I'RESERYA TIO\ AGREDIDT WITH TilE CHAI"I.-\\ FA'IIL Y TReST
BE IT RESOL YED BY THE 'lA YOR A\D CO'I:\IO\ COl\C1L OF TilE
CITY OF SA\ BER\ARDI\O AS FOLLOWS:
7 SEeTlO\ 1. The \layor of the City of S~n Bernardino is hereby authorized aIlel
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directed to e\ecute on behalf of said City. a \Iills .-\c1 Preser\"ation .-\grccmcnt bet\\ecn the
Chapman Family Trust and the Cit,. of San Bernardino. a copy of \\hich is attached hereto.
marked E\hibit ", \.. and incorpor~ted herein by reference as though tulle set forth arlength.
SECTIO\ 2.
The authorization to e\ecute the abow-referenced agreement 15
rescinded if the parties to the agreement J3il to e\ecute it within si\ty (60) days of the passage
of this resolution.
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25
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RESOLlTIO:\ OF THE \IA YOR A;\D CO\I\IO:\ COl':\CIL OF THE CITY OF S\:\
3 BER:\ARDl:"O AlTHORIZI:\G THE EXECl'TIO:\ OF A, \IlLLS '\CT
I'RESER\A T10:\ AGREDIE:\T WITH THE CHAP\L\:\ F,\\IlL I' TRl'ST
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5
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I III:RLBY CFRTIEY that th~ jl)re~(1ing R~sl,juti(1n \\as uu" aJ\>pteJ [1\ thL' \1:1\,"
anJ l umn1\>11 l \>ul1e1l uf the Cit\' of San BernarJlno at a
meeting thereu!. hdJ on th~
ua) uf
,2005, b) the follO\\ing \ot~, to wit:
8 Council \kmhers:
AYES
ABST,\I:\
ABSE:\r
:\,\ YS
ESTRAIl\
LO:\G\'ILLL
\tCGI:\'\IS
DERRY
KELLEY
JOH'\SO:\
\lCC\\I\IACK
City CI~rk
The foregoin,; resolution IS hereby appro\td this
da\ of
2005,
Judith Valles. \la\or
Cit) of San lkrnar,lino
Appro\'ed as to
Form al1d le,;al content:
H\IES F I'E:\\1.\\'
City Attorney
By: . ,;..;' : l~ ..
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Exhibit "A"
HISTORIC PROPERTY PRESERYA TIO:\ .-\GREDIE:\T
(""'HLLS ACT CO:\TR.\CT")
THIS AGREE'IE'iT is Imde this
. by ~lI1d bd\\cen the Citl of
San Bernardino. a municipal corporation ("City") and thc Chapman Family Trust ("Owner"),
RECITALS
], California Gmernmcnt Code Section 50280. et. seq, allo\\'s cities the discretion to
elller into COlllracts \\ ith the owners of qualified historic pruperties. as that term is defined in
Gmcrnment Code Section 50280,1. for the purpose of pro\'iding for the use. mair.tenance.
protection. and restoration of such historic propeny so as to retain its characteristics as property
of historic significance,
2, Owner holds fee titlc in and to that certain real propcrty. together \Iith associated
structures and improlements thereon. gcnerallocated at the street address 3.+69 \'alcncia Avenue
San Bernardino. California ("Historic Property"), A legal description of the Historic Property is
attached hereto as Exhibit "AU and incorporated herein by this reference,
3. By authorizing this agreement. the Common Council hercby designates the Historic
Property as a Qualified Historic Propel1y as defined by Resolution :\umber 2005-363. Section 5.
4. City and Owner desire to enter into this Agr<!ement for the purpose of protecting and
prescning ~he charactcristics of historical signiticance of the Historic Propertl that help pro\'ide
the community, \lith its O\ln unique cil'ic identity and character.
5, O\lner. in consideration for Jbiding by the terms ,)fthis Agreement. shall bc entitled
to qUJlify for a reassessment of \'aluation of the Historic Property. pursuant to the pro\'isions of
chapter 3. Part. 2. ofDi\'ision I of the California Re\'enue and Taxation COLk and any
c,Jrrespondmg adjustment in property taxes resulting therefrom,
TER\l
:\0\\', THEREFORE. the Cit) and O\\ner in eonsiJeration of mutual eoyenams and
conditions set fonh herein, do hereby agree as follows:
I, ['Irediye Date and Term of /\ureement. This Agreement shall be effeeti\e and
commence on \1,\nda\, Deccmber 19"', 20U5 ("Effecti\e Date") and shall remain in effect for a
minimum initial term of ten (10) years therealier unless canceled by the City pursuant to Section
8 or 9 of this ,-\greement.
2, Rene\\a!. ['pon each anni\ersary date, beginning at the end of the initial ten year term
("Renewal Date"), an additional one (1) year sha!1 automatically be added to the term of the
,-\greemem unless a notice ofnonrene\\'a! is deliyered as prO\'ided in Section 3 of this
Agreement.
3, :\onrenewa!. If either the O\\l1er or City desires in any year not to rene\\ this
,-\greement. O\\ner or City shall sen'e a \\Tilten notice of nonrenewalupon the other party in
aJyance of the Rene\\'a! Date (";-':otice of:\onrene\\'a!"), The l\'otiee of'\onrene\\a! shall be
etIccti"" only if sen'ed by O\\ner upon City at least ninety (90) days prior to the Renewa! Date,
or if sened by City upon O\\l1Cr. the '\otice of'\onrenc\\al shall be effecti\'e only if sen'ed upon
O\\ner at least sixty (60) Jays prior to the Rene\\a! Date, If either City or O\\l1er sen'es a '\otice
l)f '\onrcnc\l al in any) car. this ,-\greement shall remain in effect for the balance of the term then
remaInll1g.
-t, O\\ner Protest of City '\onrenewa!. Within tllieen ( !5) days of O\\'J1er's receipt of the
'\oticl' of '\onrene\\a! Irom City, O\\ner may Ille \\'ith City a \\ rittcn protest of the '\llllce of
:\onrene\\a!. l:pon receipt of the \\Tilten protest. the Common Council shall Scl a hearing prior
w the expiration of the Rene\\al Date of this Agreement. Owner 111a) furnish the Common
C,)uIKiI \\ itb Oil1\' information \\hich 0\\ ncr deems relc\ant and shall furnish the CUllll11l\n
c
Council \\ith any information it may require. The Common Council may. at an, time prior to
the annual Rene\\ al Date. \\ithdra\\ its Notice of ;\onrene\\ al.
5. Standards for Ilistorical Propert\', During the term of this Agreement. the Historic
Prl)perty shall be subject to the following conditions. requirements. and restrictions:
,\. 0\\ ner shall preserye and maintain the characteristics of the cultural and historical
significance of the Historic Property. Compliance or non-compliance \\ith this section shall be
determined by the Director of De\'elopment Sen'ices or his her designee. In addition. O\\ner
shall obtain an\ applicable permits necessary to protect. preserye. restore. and rebabilitate the
Ilistoric Propert\ so as to maintain its historical and cultural significance.
B. 0\\'!1er. \\hen 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 Preser\'ation of the
California Department of Parks and Recreation. the Cnited States Secreta" of the Interior
Standards for Rehabilitation. and the State Historical Building Code. The condition of the
exterior of the Historic Property on the effeeti\'e date of this Agreement is documented in
photographs attached as Exhibit --B-- and incorporated herein by this reference. The Owner shall
cnntinuall, maintain the exterior of the Historic Property in the same or better condition as
documented in Exhibit --B--.
C. O\\ner shall carry out specific restoration. repair. maintenance. and or rchabilitation projects
on the Historic Property. as outlined in the attached Exhibit --C'. \\hieh is incorporated hcrein b\
chi; reference. All such projects shall be undertaken and completed in keeping \\ ilh the historic
nCllUre ot'the property. Projects may be interior or exterior. but must utilize all propert) tax
Sd\IngS.
D. O\\ner shall not be permitted to block the \iew corridor \\ith an\ ne\\ structure. such as
\\:llls. fences l)f shrubbery. so as to preyent the \ie\\'ing of the Ilistoric Propert\,
h, Periodic Examin,nil)J1s, l'pon reasonable advance notice, O\lner shall alllm
reasl)nable perilldie examinations of the interior and exterior l)f the Historic Property b,
representatives of the County ,'\ssessor, the State Department of Parks and Recreatiun. the State
Board of Equalization and 'ur City. as may be necessary to determine O\l'ner's compliance \lith
the terms and prmisions of tliiS ,.\greemenL
7, Pro\,is;l)n (;1' Information of Compliance: Yearl\' ,-\dministrati\'e Fee, Owner hereby
agrees to furnish City \lith any and all information requested by City, \lhich Cit\' deems
necessar\' or ad\isable to determine eligibility of the Historic Property' and compliance \I ith the
terms and pro\'isions of this :\greemenL Requested information may include, but not be limited
to, required annual reports, as well as receipts documenting property maintenance and or
lmprm'ement e"penditures that equal or e"ceed annual estimated property ta" sa\'ings. O\lner
shall also pay City a yearly administrative fee of se\'emy-fiw dollars (575,00),
8, Breach of ,-\ureemem: Remedies.
A, '\otice of Breach: Opportunit\, to Cure, If Owner breaches any pro\'ision of this Agreement.
City may gi\'e \IT;tten notice to O\mer by registered or certified mail detailing Owner's
\ l"latl,1l1s, If such \'iobtion is not corrected to the reasonable sCltisfaetion ufCit\ \lithin thirt\'
i 30) da, s alter the date of notice of \'iolation, or within such a reasonable time as ma, be
required to cure the \'iobtion (prm'ided the acts to cure the \'iolation are commenced ,,'ith!n
thirty (30) ,lays and thereafter diligently pursued to completion), the Cit\' may, \lithout further
Ihlllee, dec.are O\lner to be in breach ufthi, ,-\greemenL l'pl)n City's deebration ofO\lner',
"lcaelL llt\ may pursue any remedy a\ailable uuder local. stale, or klkral la\l, lIleluding those
specifically pro\ !dect for in this section
1\, Remed\ - ClI1cdlatilln. City may cancel this Agreement ifCity determines, follllwing a
J.,I" ill11iccJ I'dblie hearin~ in Clcellrdanee "ith Gl)\ernment Cllde seetilln 5()~R5, that O\\Iler
-1
breached any of the conditil)J1s "I' the Agreement. Owner allo\\ed the Historic Property to
deteriorate to the point that it no longer meets the standards for a qualitled historic property. or
O\\ner failed to restore or rehabilitate the Historic Property in accordance with the terms of this
,\greement. If this ..\greement is cancelled. under this paragraph, O\\ner shall pay a cancellation
fee tl' the ()flice of the ,\udlwr for the C ,)unt' of San Bernardino as required by GO\ernment
Code section 50286,
C. Alternatiw Remedies, As an alternati,'e to cancellation of this ..\greement for Omler" s
breach of am 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 specitlc performance.
injunction, or recei,uship,
9, Destruction of Property': Eminent Domain: Cancellation, If the Historic Property is
destroyed by earthquake. tlre.llood. or other natural disaster such that in the opinil)n of the City
Building Official more than sixty percent (60%) of the original fabric of the structure must
replaced, this ..\greement shall be cancelled because the historic ,alue of the structure " ill hal'e
been destroyed, If the Historic Property is acquired in \\ hole or in part by eminent domain or
other acquisition by an' entity authorized to exercise the plmer of eminent domain. and the
acquisition is determined by the i\layor and Common Council to fi'ustrate the purpose of this
AgreemC11t. this .-\greement shall be cancelled, :\0 cancellation fee pursu:ll1t \() GOI'ernment
Code Section 50286 shall be impOSed if the .-\greement is cancelled pursuant tu this Section,
10, \\'ai\el". City dues not \\'aile an" claim of default bl ()mlCf If Citl dues not entllrce
l'r cancel this ,-\greement. ..\11 other remedies at la,,' or in equitl \\hich arc nut othet'\\ise
prO\'ided f"r in this ,-\greement or in City's regulations gowrning histl'ric properties arc
tl"ldabk tel the Cill W pursue in the cI'ent that there is a breach 01' this ,\grel'Jl1ent ,,"',J \\ailer
by City of any br~ach or ddJult und~r this .\grccment shall b~ d~el1led to b~ a \\ai\ er of any
other subse~uent br~ach thereof l1r default hereunder.
I I. Bindine. Efkel (\1' .\creement. Owner hereby subjects the IIistoric Propert\ to the
cO\enanlS. eonditil1ns. and restrictil1ns set forth in this Agreement. City and Owner hereby
declare their specilic intent that the Cl1\enants. conditions. and restrictions set forth herein s1131I
be deemed cm'enants running w'ith the land and shall inure to and be binding upon Owner's
succ~ssors and assigns in title or inkrestto the Historic Propert\. Each and e\ery contract. deed
l'f other 1l1slrum.:nt hcr~inaner c\:CClH~J. co\'ering or con\"t:~ying the Hi:,wric Pr(lpcny. or In::-
pl1rtion thereof. shall conclusi\ely be held to ha\'e been ewcuted. deliyered and accepted subject
to the co\enants. resenations and restrictions set forth herein.
12. C\wenants Run with the Land. City and O\\ner hereby declare their understanding
and intent that the burden of the cmenants. reseryations and restrictions set forth herein touch
and concern the land in that they restrict deyelopment of the Historic Property. City and O\mer
hereby further declare their understanding and intent that the benefit of such co\enants.
r~serYations and restrictions touch and concern the land by enhancing and mainuining the
cultural and historical chaTactaistics and significance of the Historic Property for the bendit of
the public and the Owner.
13. '\otice. An\' notice required to be giwn by the tenm of this .\greemcnt shall be
pro\id~d at the address of the respectiye partieS as specitied bclm\ or at any other address as
may be Iat~r specified by the parties hereto:
City:
City of San Bernardino
City Administrator's Office
300 '\orth 0 Street
San Bernardino. CA 92-118-0001
6
(hmer:
Chapman Felmil\' Trust
3-169 V ~ilencia A \e
San Bernardino. CA 9~-10-1
1-1, Efket of ,'\~reement. :-\one of the terms. pro\'isions or conditions of this Agreement
shelll be deemed 10 ereelte a partnership between the parties hereto elnd any of their heirs,
successors or elssigns: nor shall such terms. prmisions or conditions cause the panies to be
considered joint \enlUrers or members of any joint enterprise,
15 Indemnit\' ofCit\'. Owner shall defend. indemnify. and hold harmless City and its
elected ofticials. ofiicers. agents and employees from any actual or alleged claims. demands
causes of action. liability. loss, damage. or injury to propeny or persons. including \\Tongful
death. \\hether imposed by a court of la\\' or by administrati\'e action of an\' federal. state or local
go\emmcntal agency. arising out of or incident to (i) the direct or indirect use. operation. or
maintenance of the Historic Propeny by O\\ner or any contractor. subcontractor. employee.
agent. lessee. licensee. in\'itee. or any other person: (ii) O\mer's acti\'ities in connection with the
Historic Property, or from the enforcement of this Agreement. This indemnification includes.
\\ithoutlimitation. the payment of all penalties. fines. judgments. a\\ards. decrees. anorneys'
fees and relatcd costs or expenses. and the reimbursement of City. its elected ofllciells.
employees. and'or agents for all anorney's fees. legal expenses and costs incurred by each of
them, The costs. salaries and expenses of the City Anomey and members of his' her office in
enforcing this Agreement on behalf of the City shall be considered as "anomeys' fees" for the
purposes of this paragraph, O\\ner's obligation to indemnifY shall suniw the lcrmimtion.
cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds. if
any recei\'ed by City. its elected officials. employees. or agents,
16, Binding Upon Successors, All of the agreements. rights. obligatil)ns, cmenants.
resenations, and restrictions contained in this Agreement shall be binding upon ~nd shall inure
7
to till.? hl.?lll.?!lt of the parties herein. their hl.?irs. successors. legal representati\-es. J.s:-;ign:; JtlJ all
persons acquiring any part or portion of the Historic Propert). whether by operation of law or in
any manner \\"hatsoc\cr.
17, Lecal CllstS, In the e\ent legal proceedings are brought by any party or panics Iu
enlelrce or restrain a \iolation of any of the cO\enants. conditions or restrictions contained herem.
or to determine the rights and duties of any party hereunder. the pre\'ailing parting in such
proceeding may reco\'er all reasonable a\torne\'s' 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
..'..\torney 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. Se\'erabilit\'. In the e\'ent that an\' of the pro\'isions of this Agreement are held to be
unenforceable or in\'alid by any court of competent jurisdiction. or by subsequent preemptive
legislation. the \alidity and enforceabilit\' of the remaining provisions. or portions thereof. shall
not be effected there b\'.
] 9, Recordation. :\0 later than menty (20) days after the Effecti\e Date. City shall
cause this Agreement to be recorded in the office of the County Recorder of the Cuunt\' of San
Bernardino, O\\ner shall prO\ide written notice of the contract to the Swte OCtice of Historic
Preser\'ation within six (6) months of entering into the contract.
20. Amendments. This Agreement may be amended. in w hole or in part. only by written
recorded instrumcnt executed by the parties hereto.
21, Go\'crninQ Law and Venue, This Agreement shall be construed and governed in
accordance with the laws of the State of California. Any action at la\\ or in equity brought b\
either of the parties hereto for the purpose of enforcing a right or rights provided for by this
:\grecment shall be tried in a coun of competent jurisdiction in the County of San Bernardino
8
HISTORIC PROPERTY (,RESER\'A TlO:\" A(;REE'\IE:\"T
("'IILLS ACT CO:\"TR\CT')
State of California, and the parties hereby \\ai\e alll'rc,\'i,i'ln, ,11 b\\ I'ru\'ldin~ fur a l"!l'lI1~e of
\-cnu(' in such proceedings 10 ~ll1Y other ((Hlnt)
1:'\ \\TfNESS \\'HEREOF. City and Om1er ha\c ewcutcd tlm \greement un the da,
and \ ear lirst abo\'e \\ritten,
Dated:
CITY OF SA:'\ BER:'\..\RDI:'\O
By
A TTESTED TO
By:
Dated:
O\mer
0\\ ner
ApprO\'ed as to form
and legal content
.I.-\\IES F, PE:'\:--1.-\:'\
City Attorney
By:
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.Jrl,)fNG REQUE$:r~..aY:
,"d~lity tj~al 7;tle Ce"'llaRY
, I
EsctoW He. 31117.KF
"itle OrdatALo...oO!i33422 .-1"~
Nhen a.,.nr;t-'l Mall DOL;Ulln:"IIt
ilIld Tax State""",t To:
Mr. and Mrs, Charles Chapman
346!} I*orth Valwciil Avenue
San Bemaroioo, CA 9240.4
I!~
San :
-ili~~-~.,i~~-7~.;;;;,r~-"'':):'7''t:':;;-. ,-
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Exhibit ".;:\"
'3 ~ ~~pm ~1 131 1M
Fidelityitmi ~ lIS
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tilT en ADD III
GRANT DEED
Il.QII SI 1..1
The undersigned grantor(s) deciare!si
Documentary .trM1sler tax is ;352.00
[X ] computed on fuJI value of property ccmr1l'(1ld. or
I I computed on furr lIlllue less value of liens or encumbfances remaining ilt time 0-' sale,
[ I tmincorporilted tuea City of San Bernardino
FOR A VALUABlE CONSlDfRATION, m:eipt 01 Which is hen!by d"l"u"l~dgtd, ~ ~.aod 1'a1ricia Hicl<s,
Trustees of-the Hicks FllffliIy Twst Dated OctoberLl. lS93
herebyGR!\NTlSl to Char1.es Oean Chapman and T-e<:t [};o>.;n -C~'f'","n, Irustees of the Chapman
Fa!!>ily T.ust, esta1:i'li5hed May 18, 1-969
the lalla ..ifI11lle5cribed ~ PfQperty in the"Oty of-S-an B~, "0' d;"o
CountT of s.m- Bem ardin&. StaW of Califolliia:
SEE EXHiBIT ONE A TTM:I-!fO i*.RETOAlID MADE A 1"1I.'RT~fOf
DATED: January 27. 2000
ST A TE OF CALlfOW>l1A (,) .
COUNTY OF ~....^ ~"~\ ;,(:)
,ON \~ .before me.
~~' ,,~~~~~4Ppeared
V~:.t-o . c\ n '\~ 1 c~. c;,
personally known'1O me (or I',oved to fllfH)n the_
"f $<!tisfacto e.videncel to be 'the ;nrr=n;;) wOOse
nam~si is re !be.d to ttlllaf" rumllftt-ilftd
a<:kn<>w ~ed- to that hel hey llxecutedthe
same- in Risl liir authorized. c. 'ies), and that
Gv hffl/hef' atUfll1s) on the instrument the
per5on(sr, entity upon behalf 01 whict1 the
"". .v. .(5) ted, e>teCuled the instrument,
Signature
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The ~', J<s Family Trust dateo Uctciber21, 1~
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By,:', ~
Geor,ge H~Trustee
[;y: y1zZ~-U-/ / A~
Patricia !:licks. Trustee rr:;~
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',~ ~,<:ry LCu1se Moore '
t:amm, '1122456 ~
T~ =.,0JlN1~
c=~ E':::jJ FCiJ 7 2;:;01 ."
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MAil TAX srATEMEl\ITS AS DIRECTED ABOVE
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Exhibit"A"
EXHIBIT "ONE"
F'arcei No. i:
Those-Ilonions of Lots 5- ilIl4 0, tl10ck 4 01 ArrowtreaU JUlll.liull fuct,--m t~'Gty of Soo
8ernaffiino. Coumy of San Bernardino, "State of California. as1J1!r-ptat I "WI d"J -in -Book ~ :2
(Tf Maps, Page 11, +&cords of said Counl',t.des.c!illed .as-wnows:
Beginning at a point distant 300 fe-et East of the West line of said b10Ck 11 ann "4BO tem
nurttT of the South line of said Block 4;
Thence East 200 fee-! parallel to the Sooth line of sai(j "Block 4;
T~ North 240- fee-! pafallel to the West ~ne of sa1d 13l0ck 4;
Thence West 200 fee-! parallel to the South ~e of saldtllock 4;
Thence South 240 ffletiBf~-tO the West liAe-Of sald-B1ock 4!D me.pctmut--beginnin;l.
Parcel Ni:J. .-1-A:
An e~ ffif ingress aM ~ss over that .certain ?arce1 of Idlld d"~l.l iLeJos folt~:
That portion of Lot 6, BJo.ck Zl., "Arrowhead Juncti1m -Tract. -m--the C-1ty of S-~rnardiM.
County of San Bernoudino, State at California, as-.>", I'lat I el.U' Jed -i11-Beekl~f Maps.
Page- 11. records of said County. rl,,~,.rihed as-fol1ows:
Begifming at a pGjmin the West line of said 1.oti3 Ji~tdlll-43tMeet North~-me Soutflwe5-t
COfmtf of said Bleck 4;
Thenca East Pafallel with the South line of sillO--sJock 4, 500ieet;
Thenctt North P-afallel with the West ~ of salo13l0ck 4, a distance of W"it;
Thence West P-afallel with the- South ijne of salQB10ck 4, a I:11starn:e of 2OOfe1;t;
Thence South pa1'aHe! to the West line of Silid EIock 4, a (jistancl! uf 2Oiem;
Thence West ~arallel with the- South line of saia13l0ck 4, a distance of 300 [",j[ tua-point
em the West li~ of said Block 4 Gistant 460 feet ~recou1e.d -.;sn f.eeI) "Norm-of-me
Southwest corner of said Block 4;
Thence South 30 feet along said West line of saUl Block 4 to me point of Lc.>;i, " ,ing,
-',.
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Exhibit "BII
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Exhibit liB"
Exhibit "C"
Mills Act Program Ten-Year Rehabilitation Plan
City of San Bernardino
CHAP:\IAl\"
3469 Valencia Ave
I Year Proposed Project (s)* Estimated
,
, Cost
I
I Year 1 I
I i
I Front Steps - Replace concrete of coyer in stone 52000.00
Year 2 I
I
Repair Flat Roof and \\ Indo\\ ropes (6)
52000.00
Year 3 Restore bathroom floors and replace all electrical plugs 52000.00
Year 4 FoundatIOn Work - Rock 55000.00
Year 5
Seismic Retrofit 520,000.00
Year 6 l'e\\' Carpet throughout house 56000.00
Year 7 Temute Treatment and rehabilitation afGuest Quarters 5200000
Year 8 I Kitchen Remodel 510,00000
Year 9 I
I Re-Roof 510,000.00
Year 10- Repaint 5'.00000
I Replace or Rebuild front door to original style
Projects may be interior or exterior, but must utilize
all tax savings.
Copies of all receipts and permits required with annual reports,
1
2
3
4
5
6
RESOLl'TIO:\ :\0.
RESOLlTIO:\ OF THE \IA YOR A:\D CO\I\IO:\ COl':\CIL OF TilE C1T\
OF SA:\ BER:\ARDI:\O Al'THORIZI:\G THE EXECl'TIO:\ OF A \IILLS ACT
PRESER\A TIO:\ AGREE'\IE:\T WITH DE:\:\IS \1. ROWE A:\D SHERRY :\. RO\\E
BE IT RESOL \'ED BY THE \IA YOR A:\D CO\I\IO:\ COl':\C1L OF TIlE
CITY OF SA:\ BER:'IiARDI:\O AS FOLLOWS:
7 SECTIO:\ I. The 'layor of the Cit\, of San Bernardino is herehy authorized and
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
directed to e,ecute on behalf of said City. a 'lills Act Presenation Agreement het\\een Dennis
'1 ROlle and Sherry N, Rowe. and the City of San Bernardino, a copy of which is attached
hereto, marked E,hibit "x' and incorporated herein by reference as though fully set !eJrlh at
length,
SECTIO" 2.
The authorization to execute the aho\e-referenced agreement is
rescinded if the panies to the agreement fail to execute it lIithin si,t\' (60) da\s of the passage
of this resolution.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
RESOLLTlO'i OF THE :\IAYOR A'in ('0:\1:\10'1 C<lr'iClL OF TilE crn
OF SA'i llER'iARDI'iO .-\lTIIORIZl'iG THE EXECl'TlO'i OF A :\IILLS ACT
I'RESERVA TlO'i A(;REDIE'iT WITH DE'i'iIS :\1. ROWE A'iD SHERRY 'I, RO\\ [
I Il[RE13Y CERTIfY that the foreh'oinh' Resolutlon \\as duly adopted by the \Ia\("
an,1 C"I11I11'''' Couneil"f the Cily "f S:ll1 Bermrdin,' at a
l11eClinh' th,'re"L held ),n Iht
da\ llf
,~CiCi5, b\ the folkl\\inh' \'ote, to \\it:
Cuuncil \ !el11bers:
AYES
,\,"'. YS
,"'.BST ~\I'\
ABSE'\T
ESTR,\DA
LO'\Ci\'ILLE
\lCGI'<l\!S
DERRY
KELLEY
JOH'\SO'\
\ICC\\l\I."'.CK
City Clerk
The foregoing resolution is hereb\' a] pro\ed this
day "f
~CiCi5,
Judith Valles, \b\or
City of San Bermrdino
,\pprowd as to
form and legal content:
25
H\IES F. PE'\\L\'\
City ."'.norney
26
27
28
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,
B\ ,
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.
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Exhibit "A"
IIISTORIC PROPERTY PRESER\'.HIO:\ AGHEDIE:\T
("\IILLS ACT CO:\TRACrj
THIS AGHEE\lE:\T is made this i\londa\. Dccember 19th. b\ and bet\\een the Cit~ tlf San
Bernardino. a municipal corporatitJJ1 C'City") and Dennis \1. Ro\\e and Sherry:\. RO\\C
C'O\\nd').
RECITALS
I. California GO\ernment Code Section 50280. ct. seq. allo\\s cities the di,cretion to
enter into contracts \I ith the o\\ners of qualified historic properties. as that term is ddined in
Go\'ernment Code Section 50280.1, for the purpose of pro\iding for the use. maintemnce.
protection, and restoration of such historic propen\ so as to retain its characteristics as property
of historic signifIcance.
2. O\\ner holds fee title in and to that cenain real propeny. together \I ith associated
structures and imprO\'ements thereon, general located at the street address 3120 \' alcncia A \enue
San Bermrdino, California ("Historic Propeny"). A legal description of the llistoric Propcny is
attached hereto as Exhibit "A" and incorporated herein by this reference.
3. By authorizing this agreement. the Common Council hcreb~<lesignatcs the Historic
Property as a Qualified Historic Propeny as defined by Resolution 2005 - 363. Section 5.
4. City and O\\ner desire to enter into this Agreement for the purpose of protec"ting and
presening the characteristics of historical signiticance of the Historic Property that heip pro\'idc
the commu:lit\ \I ith its o\\n unique ci\'ic identity and character.
5. 0\\11er. in consideration for abiding by the tcrms of this Agreement. shall be entitled
w qualify f"r a reassessment of\aluation of the Historic Propen~, pursuant to the prmisions of
ch~pter :;, P~n, 2, uf DJ\1S1un I uf the Calitcll"l1la Rewnue and "Iaxatlun Code, and an)
corresponding adjustmcnt in propeny taxes resulting therefrom
TFR\!
!\O\\", TIIERlFORL. the Citl" and Omler 111 consideration of mutual cOlenants and
Clllh.Jiti"ns set forth herein, du hereby agree as foIkms:
I" EITectil"c Date and Term of ,\~reement. This Agreement shall be effectil e and
commence on \!ondal"" Decembcr 191". 2005 ("Effecti\e Date") and shall remain in effect ll\r a
minimum initi~1 term of tell ( 10) \cars thereafter unless canceled by the City pursuant to Sectiu:J
~ or 9 of this "'\grecmenL
2, Rene\\a!. upon each anniwrsary date, beginning at the end of the initial ten year term
(Rene\\al Date"), an additional one (1) year shall automatically be added to the term of the
Agreement unless a notice of nonrenel\al is deli\ered as pro\ided in Section 3 of this
.-\greemcnt.
3" :\onrene\\a!. If either the O\\ner or City desires in any year not to rene\\" this
,'\greemenL Omler or City shall sen'e a \\Titlen notice of nonrene\\"alupon the other pany in
adl"anee Ill' the Rene\\al Date (""otice of:\onrene\\al"), The "otice of l'Jonrene\\al shall be
c1Tecti\t~ onll if serwd by O\\ner upon City at least ninety (901 days prior to the Renellal Date,
or ifsened bl City upon O\\ner. the :\otice of "onrenel\al shall be effectiw onII ifserled up"n
Ollner at least sixty (60) days prior to the Rene\\al Date, If either City or Omler S,'1'\ es a ]\;otice
of'Jonrel1l'\\al in any year. this Agreement shall remain in effect for the balance "fthe term then
n:mJlI1l11g.
.j (hlner Protest of Citl' "Ol1rene\\a!. \\'ithin fifteen (IS) days of O\\ncr' s receipt of the
'\otice or !\onrene\\al i1'om City, O\\ner may file \\ith City a writtel1 protest of the :\otiee of
'\1'l1rel1e\\"al. l'pon receipt of the \\ritkn protcst. the Common Cuul1cil shall set a hearing prior
,
t" th~ e~rlration 01 the RenC\lal [Jate 01 thIS .'-"gr~ement. U\ln~r may lurnlSh the lUm!lh\ll
('uunci! with an' inlurm"ti"n which O\\ll~r de~ms rele,,,nt and shall furnish th~ Commlln
(',luncil \I lth ,,11\ injl)rmatiull it ma' require The Common Clluncil may, at any time prior tu
the annuci! Rene\lal Dat~. \lithdra\l its '-'utice ") \lll1fenCI',,,i
5. St"ndards tllr Histnrical Pronertl. During the term of this Agreement. the Historic
Property shall be subject to the !llilll\\ing clmditions, requirements. and restrictions:
.\. Owner shall presen'e and maintain the chamcteristics of the cultural and historical
signilieance of the Historic ['r"pert'. Compliance (lr non-compliance \\ith this section shall be
determined by the Director 01 Delelopment Senices or his'her designee. In addition. Olmer
shall obtain any applicable permits necessary to protect. presene. restore, and rehabilitate the
Histuric Pr,'pert' Sll as to maintain its historical and cultural significance.
B. O\\ner. when necessary as determined by the City, shall reSlllre and rehabilitate the Historic
Property to conform tu the rules and regulations of the Office of Histuric Presenatiun of the
California Department of Parks and Recreation. the United States Secretary of the Interior
Standards tll[ Rehabilit3tion, and the State Historical Building Code. The comlitilln of the
c~terior (lIthe Historic Property on the crfecti,e date of this Agreement is documented in
photographs attached as Exhibit "B" and incorporated herein by this reference. The O\\ner shall
continually maintain the e~terior of the Ilistoric Property in the same or better condition as
documented in E~hibit "B".
C. O\\ner shall carn' out specific restoration. repair. maintenance. and or rehabilitation pmjects
un the Ilishlric Property, as outlined in the attacheJ Exhibit "C'. \I'hich is incurp'lr,ncJ herein by
this reference. .-\11 such projects shall be unJertaken and complcteJ in keeping \I ith the historic
nature of the property. Projects may be interior or exterior. but must utiliZe all property tax
"a\'ll1gs.
)
D, O\\ner shall not be permitted to block the \'ie\\ corridor \lith an\ ne\l structure. such as
\lalls. fences or shrubbery. so as to preyent the \ie\ling of the Historic Property,
6, Peril'dic Examinations, l'pon reaslmabk ad\'ance notice. O\lner shall allem
reasonable periodic examinations of the interillr and exkrior of the Historic Property b,
representati\ es llf the C'ounty .-\5seS50r. the State Department of Parks and Recreation. the State
Board of Equalizati,)[) and or City. as may be necessary to determine O\\ner's compliance \\ith
the terms and prmisions of this Agreement.
7, Pn1\ision of Information ofComl1liance: Yearly Administratiye Fee, O\\'ner hereby
agrees to furnish City with any and all information requested by City. which City deems
necessary or adyisabk to determine eligibility of the Historic Property and compliance \lith the
terms and prmisions of this Agreement. Requested information may include. but not be limited
to. required annual reports. as \wll as receipts documenting property maintenance and.-or
imprlweml'nt expenditures that equal or exceed annual estimated property tax sayings, 0\\ ner
shall also pay City a yearly administratiw fee of sC\enty-fi\e dollars (575,00).
8, Breach of c\~reement: Remedies,
,-\, "otice of Breach: Opl10!1unity to Cure, ]fO\\l1er breaches any prmision of this .-\greement.
City may giye \lTittennotice to O\\ner by registered or certitled mail detailing O\\ner's
\iolations, If such \ iolation is not corrected to the reasonable satisfaction of City \\ ithin thirt,
(30) days aCter the date of notice of yiolation. or \\ithin such a reasonable time as may be
required tl' cure the \iolation (proyided the aelS to cure the \iolation are cummenced \\ ithin
thirty (3U) Jays and thereafter diligently pursued to completion). the City ma\. \I ithL)ut Curther
Illltice. dedare O\mer to be in breach of this Agreement. Cpun City's declaration ufO\\'ner's
breach. Citl may pursue an\' remedl a\'ailable under local. state. or Cederalla\\. including those
,peciticalh pl'c1\ided for intbis sectiun,
.j
8, Reme,1\" - CanceliJtion, City mal cancel this Agreement if City determines. fulll1\\ing a
duly noticed public hearing in accordance with Gmernment Code sectinn 50285. that Ollner
breached any of the conditions of the .-\greemenl. Om1er allolled the Historic Prop,-rty to
deteriorate to the point that it no longer meets the standards for a qualified historic property. or
Om1er t':1ilcd \0 reswre or rehabilitate the Historic Property in accordance lIith the terms of this
Agreement. If this Agreement is cancclled. under this paragraph. Oll'ner shall pay a cancellation
fee to the Office of the ,-\uditor for the County of San Bennrdino as required by G(1\ernment
(ode section 50286,
C. Alternati\e Remedies, As an alternati\e to cancellation of this Agreement for Owner's
breach of 'lilY condition. City may bring an action in court necessary to enforce this Agrecment
including. but not limited to, an action to enforce this Agreement by specific performance.
injunction, or recei'ership,
9, Destruction uf Property: Eminent Domain: Cancellation, If the Historic Property is
destroyed by earthquake. fire. 11ood. or other natural disaster such that in the opinion of the Citl
Building Official more than sixty percent (60%) of the original fabric of the structure must
!e['bced, this Agreement shall be cancelled because the historic lalue llf the structure lIill ha\e
heen destrol'ed, If the Historic Property is acquired in IIhole nr in part b\ eminent dnmain or
other acquisition by any entitl' authorized to exercise the pOIl'a nf eminent domain. and the
,requisition is determined by the \layor and Common Council tu frustfllle tl1c purpnse of this
,-\greement, this Agreement shall be cancelled, 0.'0 caneellatiun fee pursuant tu (iulcrnment
( ,;,;c :-;eetlun 50286 shall be imposed if the Agreement is cancelled pursu~nt tuthis Sectiun,
10, \\'ai\er. City does not lIail'e any claim of default by O\l"I1er ifCity docs not entorce
ur c,mce, this Agreement. ,~\II other remedies at law or in equity which arc not ()therll'ise
"~-,l\idL'd fl'r In this :\~rcel11C'nt or JIl City's fcgubtions f!o\'crnin~ historic prnrlTtics arc
5
a\ailabk tl1 the City tll pursue in the e\ent that there is a breach of this Agreeme'lt. :\l> \\ai\er
r\ City olan\ breach llr dd"ult under this .....greel1lent ,hall he deel1led to be a \\ai\(1" of an\
other subsequent breach thereof l1r dcf"ult hereunder.
I]. Bindin~. Erket l1f .-\~reel1lent. 0\\11er hereby sul~iects the Ilistoric Property to the
c"\enants. cl1nditil1ns. and restrictil1ns set t"rth in this Agreement. City and O\\ner hereby
declare their speeillc intent that the cmenants. conditions. and restrictil1ns set forth herein shall
be deemed CO\enants running \\ith the land and shall inure to and be binding upon O\\ner' s
succeSSl1rs and assigns in title or intercst to the Historic Pmpert:. Each and eyer: contract. deed
or other instrument hereinafkr c~eeuted. co\ering or cot1\e:ing the Historic Property. or any
portion thereof. shall conclusi\'el\ be held to ha\'e been ewcuted. deli\ered and accepted subject
to the co\'enants. resen ations and restrictil1ns set fllrth herein.
12. C,,\Cnants Run \\ith the Land. City and O\\ner hereby declare their understanding
and intent that the burden of the co\enant5. resenatil1ns and restrictions set forth herein tllueh
and concern the land in that they restrict de\'elopment of the Historic Propet1:. City and O\\ner
hereby further declare their understanding and intL'nt that the benelit of such eo\emnts.
r~:-;t:r\.~tioIlS and l\.'::itrictions touch ~nd concern the bnd hy l'nluncil1~ ~ll1d l11Jintaining the
cultural and historical characteristics and signilicance of the Ilistoric Propnt\ lor the bendit 01
thc public and thc O\\ner.
13 >,',)ticc:'. Any notic~ requireJ to he giYt'11 b: th~ klT!l." ni'this :\L'.ret'lllenl shall be
pro\ided at the address ofthc rcspccti\e partics as specified belo\\ l'r at am othcr address as
""" k btcr SPCCllicd b\ the l'"m!CS hereto:
City:
Cit) of San Bernardino
City .-\dministrati1r') (Jt'::cc
:HlO :\orth II Strecl
".," !Jernardinl). C\ <12-11 ~ 11(11)1
b
O\\ncr:
Dennis ~ 1. Rowe 3nd Sherry", RO\\e
31~O V3lcnci3 Aw
S3n Bem3rdino. CA 9~.H).j
].j E(recto(..\~reement. l\one ofthc terms. prlnisions or cllnditions of this Agrccment
sh31! he deemed \0 crc3te Ci p3rlncrship het\\eenthe parties hereto 3nd 3ny of their heirs.
:';UCCl"s~nr~ ('lr a:.;sigl1~: Ill)r ~llClll such terms. pn)\"isions or conditions causl" the panics to be
cllnsidered !l'int lentLIrers or members of any joint enterprise,
15, Indemnity ofCitl, O\\ner shall defend. indemnifl. and hold harmless Citl and its
eleckd oCticials. ofllcers. agcnts and employees from any actual or Cllleged claims. demands
causes of action. ]i3bility. Ie)ss. dClmage. or injury to property or persons. including \\rongful
death. whether imposed by a court ofla\\' or by administratil'e action of any feder3!. state or local
glncrnmenta] agency. arising out of or incident to (i) the direct or indirect LIse. operation. or
maintemnce of the Historic PropCrly hy Owner or any contractor. subcontractor. employec.
agent. lessee. licensee. im'itee. or any other person: (ii) O\\ner's actiyities in connection \\ith the
Ilistoric Prl'pcny. or from the enforcement of this Agreement. This indemnitication includes.
\\ithoutlimitation. the payment of all pemlties. tines. judgments. a\\3rds. decrees. Ciltorncys'
fees and relCitcd costs or expenses. and the reimbursement of City. its clectcd oCtici3ls.
employees. and or agents for all attorney's kes. legal c\:penst:'s and cnsts incllrreJ hy each IJf
them. The costs. sabries Cind expenses of the City Allomel and memhcrs of his her l,nice in
enforcing this Agreement on behalf of the City shall be considercd 'IS "attorncys' fees" lor the
purposes o!'this pCirCigraph. Owner's obligation to indemnify shall sunilc the tcrmination.
cancelbtion. or expiration of this Agreement and shall nut hc rcstrictcd tl' Insur"l!1cC pmcecds. if
am receil'e,i by City. its elected officiab. employees. ell' Cigents,
16, 13indin~ l'ron Successors, All of the agreements. rights. obligatiuns. cll\cl1ants.
resefl'atie'ns. and restricti'll1s contained in this ..\greemcllt shall k hindin" uron 'l!1e! shall inure
to th~ b~nc1it ofth~ pani~s h~r~in. th~ir h~irs. successors. kgal r~pr~s~ntatll~s. assigns and all
persons acquiring anI pan llr ponion ofth~ Historic Prop~ny. "hether by L)p~ration ofb" or in
JI1Y I11Jl1l1lT \\ hJlS0~\.('r.
17. 1.L'ual ellsts, In th~ e'~nt kgal proc~edings are brought bl any pany or panics to
~nj()r~~ <)r restrclin a ,'iolatic)n of any of the cOlenants. conditions or restrictions conwined herein.
or to detcrl1lin~ the rights and duties of any party hereunder. the pre,'ailing paning in such
proceeding may recOl'er all reasonabk attorneys' fees to be fiwd by the court in addition to
coun costs and llther relief ordered bl the coun, The costs. salaries and expenses of the City
..\ltorney and meml1crs of his her oftice in enforcing this Agreement on behalf of the City shall
be considered as "attorneys' fees" for the purposes of this paragraph,
18, Sel-efabilitl, In the elent that anI of the prol'isions of this Agreement are held to be
unenforceable or inl'alid by any coun of competent jurisdiction. or by subsequent preempti"e
legislation, the I'alidity and enforceability of the remaining IJro,islons. or ponions thereof shall
not be effected thereby,
19, Recordation, 1\0 later than twenty (20) days after the Effectilc Date. City shall
cause this ,-\greement to be recorded in the oftice of the County Recorder of th~ County of San
B~rnardil1L' Owner shall prolide written notice of the contract to the StateOflice of Historic
Presenation "ithin six (6) months of entering into the contract.
20, Amendments, This ..\greement may be amended. in "hole or in part. onl, by"ritten
recorded instrument executed by the panics hereto,
21, GOlerninl! Law and Venue, This Agreement shall be construed and gOICrned in
accordance "ith the laws of the State of California. Any action at la" or in cquity brought by
either of thc panics hereto for the purpose of enforcing a right or rights prOl'ided for by this
Agrecmcnt shall bc tried in a coun of competent jurisdicti'ln in the County of San Bernardino
8
HISTORIC PROPERTY PRESERYATlO'i .-\GREE\IE'iT
("'\IILLS ACT CO'iTRACT")
Statl? of California. and the partil?s hl?reb\ \\ai\!? all pro\isions of la\\ prlniding for a change of
\'('nul' in ~iJch proceedings to any other ccumy.
I\: \\Tr\:ESS \\.IILREOF. City and O\\ner ha\ e executed this ..\greement on the day
and year lirst abo\e \\Tilten.
Dated:
CITY OF SA'" BER\:,\RD!'\O
B\:
ATTESTED TO:
By
Dated:
O\\ner
O\\ner
.\ppro\ed as to form
and legal content
lX'dES r PE\:!\lA:--J
City Altorney
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Exhibit"A"
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GRi\NT DEED
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Exhibit "C"
Mills Act Program Ten- '{ ear RehabIlitation Plan
City of San Bc::rnardino
ROWE
3120 Valencia A \0
Year I
Year I
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Proposed Project (s)*
Estimated
Cost
Fmish Out Garage InlcflOl
Add electrical outlets and lights
5'OOCi.00
Paint interior, remove acoustic ceiling and restore plaster. Repair
plaster ceiling
55000.00
Restore moldings. refinish front door and French doors
52500.00
Re-screen French door screens. repaint porches. replace
dO\\TIstairs windo\\' screens.
53500.00
Re Stucco and Paint exterior, strip paint on windows and restore
functIOnality
57500.00
Repair fireplace. cleJn and restore. Repair clay tile rooLmd
substructure
52500.00
Repair and replace electrIcal outlets. Add additional outlets and
upgrade wiring
53500.00
Remo\'i~ carpet :ll1d refinish anginal floors (3 rooms, 2 halls and
stairs)
53500.00
Repaint interior and repair as necessar)"
5c500.00
Repamt concrete, exterior finishes (\\'ood trim windows)
55000.00
Projects may be interior or exterior, but must utilize
all tax savin!!s.
Copies of all receipts and permits required annual reports.