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HomeMy WebLinkAbout11-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ~~ I N A L From: Catherine Pritchett, Management Analyst I Subject: Resolutions authorizing the execution of Mills Act Preservation Agreements. Dept: City Manager's Office Date: November 25, 2008 Council Meeting Date: December 15, 2008. Synopsis of Previous Council Action: December 3, 2007 - Mayor and Common Council amend Resolution 2005-363 to include the use of a City Register of Historical and Architecturally Significant Properties for the purposes of Mills Act eligibility, and authorize a Mills Act Agreement with Mark Valadez. December 18, 2006 -Mayor and Common Council amend resolution 2005-363, changing the application period from November to October, and authorize a Mills Act Agreement with Myra Elder. 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, and authorizing four Mills Act Agreements. October 18, 2005 - Legislative Review Committee recommends implementation of a Mills Act Program. Recommended motion: Adopt resolutions. (lO.N.'A ~ki(:- Sig ture Contact person: Catherine Pritchett, Management Analyst I Phone: 5122 Supporting data attached: Staff report, resos, contracts Ward: 5 & 7 FUNDING REQUIREMENTS: Amount: Some nominal loss of property tax revenue annually, depending on property tax reductions. Source: (Accl. No.) (Accl. Description) Finance: Council Notes: kJ .2Mh'- 9'~& / d'-'(.JP~ ~~7/ =1cJo,f- 445/?- ""tV?- ~{/f, ':?cJCJJ#-<<'/.-<;/J , Agenda Item No. J I 1'-0 IS' '08 STAFF REPORT Subiect: Resolutions authorizing the execution of Mills Act Preservation Agreements. Backl!round: The Mills Act is a state law designed to provide financial incentives for property owners that restore and maintain historic residential and commercial properties. The Mills Act involves property being assessed using a different methodology, the result is a reduction in property taxes paid by the property owner. The owner agrees to invest the savings into the property with the purpose of protecting and preserving the characteristics of historical significance of their historic property Applications for 2008 Mills Act Agreements were accepted from October 15t through October 315t Prior to the deadline, five (5) property owners submitted complete applications along with the required application fees. Following staff review of the applications, a three-member sub- committee of the Historic Preservation Commission performed site surveys on each of the properties to determine their historic relevance. Utilizing similar procedures employed for the 1991 Historic Resources Reconnaissance Survey, the commissioners identified the date or period the homes were built, the architectural style of the structures, the construction materials that were used, and the historical significance of the property (prior ownership or use). After review, each of the sub-committee members submitted written recommendations to staff. Below is a brief description of each application. . Deborah Albert's Country Style Cottage was built in 1937 and is located at 590 E. Country Club Road in the 7'h ward. This property is not included in the 1991 Historic Resources Reconnaissance Survey, but was recommended for a Mills Act contract by all three of the commiSSIOners. . Mr. & Mrs. Baird's 1938 Colonial Revival home is located at 296 E. Marshall Boulevard in the 7th ward. This property was reported by each of the commissioners to be in excellent condition and is included in the 1991 Historic Resources Reconnaissance Survey. . Mr. and Mrs. Corsentino's Spanish Colonial House was built in the 1930's and is located at 3435 Circle Road in the 5th ward. Although the property is not included in the 1991 Historic Resources Reconnaissance Survey, because of its exterior beauty and unique ownership history (former home of the Culligan Water family) the commissioners strongly recommend the property for a Mills Act contract. . Gail Mummery's Spanish Eclectic home, located at 420 W. 25th Street in the 7th ward, was built in the 1920's and is located in a historic district once know as "Doctor's Row." The property is listed in the 1991 Historic Resources Reconnaissance Survey and has been recommended by the commissioners. . Mr. and Mrs. Niewiadomski's 1930's Mediterranean style home is located at 390 W. 24th Street in the 7th ward. The property is included in the 1991 Historic Resources Reconnaissance Survey and has been recommended for a Mills Act contract by the commiSSIOners. Upon adoption of this resolution, the property owner(s) will each enter into a 10-year preservation agreement, beginning December 15, 2008 and remaining in effect for a minimum initial term often (10) years thereafter unless canceled by the City pursuant to Section(s) 8 or 9 of the agreement. During this time the property owner (s) will be required to reinvest all property tax savings into rehabilitation or maintenance of the historic property. The agreement requires the property owner( 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 Govermnent 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. The Mills Act program is becoming increasingly popular. Upon adoption if this resolution, the City will have II active residential Mills Act contracts with San Bernardino residents. The Press Enterprise recently reported the success the Mills Act program has had in assisting property owners with maintaining their historical homes. Participants in the program have seen property tax savings ranging from $200-$6,000. In addition, all of the participants have been compliant with the City's reporting requirements stated in the Mills Act Agreement. Financial impact: Property owners that have approved Mills Act contracts will see a reduction in their property tax assessments, resulting in a corresponding reduction in property tax revenues. In San Bernardino, the City receives an average of seventeen cents ($.17) 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH DEBORAH ALBERT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City. a Mills Act Preservation Agreement between Deborah Albert and the City of San Bernardino. which is attached hereto. marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III /1/ III ill III III III III III IiI III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH DEBORAH ALBERT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney .f~ 2008-446 Exhibit "A" HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this 15th day of December, by and between the City of San Bernardino, a municipal corporation ("City"), and Deborah Albert ("Owner"). RECITALS I. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 590 E. Country Club Road, San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on Monday, December 15, 2008 ("Effective Date") and shall remain in effect for a minimum initial term of ten (l0) 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 (l) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice ofNonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remammg. 4. Owner Protest ofCitv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt 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 2 Council with any information it may require. The Common Council may, at any time prior to the annual Renewal Date, withdraw its Notice ofNonrenewal. 5. Standards for Historical Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Attachment "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 Attachment "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 3 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance; Yearlv Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to 4 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 with 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 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Propertv; 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 determined by the Mayor and Cornmon Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 II. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Manager's Office 300 North D Street San Bernardino, CA 92418-000 I Owner: Deborah Albert 590 E. Country Club Road San Bernardino, CA 92404 6 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnitv of Citv. Owner shall defend, indemnity, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnity shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 7 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the 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. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino 1/1 III III III 8 HISTORIC PROPERTY PRESERV A nON AGREEMENT ("MILLS ACT CONTRACT") State of California or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 ,/ // Attachnent A EXHIBIT "ONE" All that portion of Lot 3, Block 8, Arrowhead Junction Tract, in the City of San Bernardino, as per plat recorded in Book 12 of Maps, Page 11, records of said County, described as follows: Beginning at a point on the North li'1e of said lot 3 North 890 50' East 329.03 feet from the Northwest corner of said Lot 3; Thence North 890 50' East along the North line of said Lot 115 feet, to the Northeast corner of the West 3 acres of said Lot 3; Thence South 00 17' East 325.543 feet to the Southeast corner of the West 3 acres of said Lot 3; Thence along the South line of said Lot North 82010' West 95.95 feet; Thence North 00 17' West 49.07 feet to the beginning of a curve concave to the Southwest having a radius of 95 feet, the radial line at the point of commencement of said curve bearing South 890 43' West; Thence along said curve through an angle at 370 57' 46", a distance of 62.96 feet to a point which is. South 00 17' East 204.66 feet from the point of beginning; thence North 00 17' West 204.66 feet to the point of beginning. Excepting therefrom that certain portion described as follows: Beginning at the Southeast corner of said West 3 acres; Thence North 820 02' 43" West along the South line of said West 3 acres, 95.95 feet to a point in the Easterly line of a road easement as referred to in the Deed to Donald S. Gillespie and Josephine Gillespie, husband and wife, as recorded July 10, 1936 in Book 1152, Page 14, Official Records; Thence North 00 09' 00" West along said East line, 49.07 feet; Thence curving to the left with a radius of 95.00 feet through a central angle of 210 18', a distance of 35.32 feet to a point that is Southerly 229.85 feet from the North line of said West 3 acres, said 229.85 feet being measured parallel said the East line of said West 3 acres; Thence North 890 50' 00" East, parallel to the North line of said West 3 acres, 10148 feet to a point in the East line of said West 3 acres that is South 00 09' 00" East, 229.85 feet from the Northeast corner of said West 3 acres; Thence South 0009' 00" East along said East line 96.92 feet to the point of beginning. 2 ); , L- - Attachment "B" o Albert 590 E. Country Club Drive, San Bernardino 92404 .-"- o Attachment C 2008 Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project (s)* Estimated Cost Year 1 FI"v'~ . r'i '~I:' /r ~~ .,J.- ""-".',t +-1"", ~ ? C:::-r ~ Lf Q...,J.. b :LJiY19~.,.,J I ?c,-' Year 2 l.. ' - 8y..t~-;:" /'e", I-v'>.'''' I~c+ r2.f -~j .~ - G 2'-<' ," '\f.-. Dc"'" ' . r~'->>-, i 1; ::;'c; rerr,'" r Iter:"",....:!" Year 3 l.(r,^",,:r1- trLz..("/'" y ~6-j',r / '60 0 Year 4 'Dr,' ,,~ "" 'f) re L",i..c Y-{;>-c..~l /6u0 Year 5 /, I:Y"- j ~ c ~kL;; - , ,-~,,'U-t..ts ~.:>r(\ 1"- '- ;..""'- "';"l4ti-,,-.-: upc.i"",z::... lioo Year 6 P--c- "''-' ~ ...e.-,~~ v-v -. ' r0j? I'" CL- 1,''\.0 p,]-c,,-~~ /'6 DC-' Year 7 ':Jlc..!.vc.c J::""""" (,~""cJ!,.,.,v........r i5 DJ re.- {..U_ r~ - C ....AI~ I Year 8 \J'VL-~e--vv 'I r e UJn.1-,.;{ l"") /60cJ Year 9 VV~A--.{ r ~ I ~......,J ( ~) I' 00 . ~ Year 10 vY~i~ \e.ri:--~ (i / i{ f) "'} *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savinl!s. Retain copies of all receipts and permits for submittal with the required annual reports. ,', / -' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH BRIAN AND NICOLE BAIRD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Mills Act Preservation Agreement between Brian and Nicole Baird, and the City of San Bernardino, which is attached hereto, marked Exhibit '"A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III Iii III III /11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH BRIAN AND NICOLE BAIRD. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN 24 City Attorney 25 26 27 28 Exhibit "A" HISTORIC PROPERTY PRESERV AnON AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , by and between the City of San Bernardino, a municipal corporation ("City"), and Brian and Nicole Baird ("Owner"). RECITALS I. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 296 E. Marshall Boulevard, San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on Monday, December 15, 2008 ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (1) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice ofNonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining. 4. Owner Protest ofCitv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt 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 2 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 Nom enewa I. 5. Standards for Historical Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Attachment "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 Attachment "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 3 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance; Yearly Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by. registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to 4 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 with 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 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; 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 determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 11. Binding. Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Manager's Office 300 North D Street San Bernardino, CA 92418-000 I Owner: Brian and Nicole Baird 296 E. Marshall Blvd. San Bernardino, CA 92404 6 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 7 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the 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. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino III III III III 8 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") State of California or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 -,\ ;? //' .// Attachment A EXHIBIT "A" LEGAL DESCRIPTION ORDER NO.: 119iJ59 BSCROW NO.: The land referred to herein is simnted in the State of CaJifornia C(wnty or San Bernardino. City of San Bernardino, and described as follows: The EaSI 69.42 feet of Lot 18, Block 3 of Tract No. 1703, Garden Estates as shown in Map Book 25. Page 9 and 10. in the utfice of the County Recorder ot said County. Apn: 0153-093-55-0-000 "luN."'b<"II9Ul'JE.a"I..^~lD<:o<"l"ir,""WO.. Pnge I of 1 Attachment "B" o Baird 296 E. Marshall Blvd, San Bernardino CA 92404 o Attachment C .', Mills Act Program Ten- Year Rehabilitation Plan City of San Bernardino Year Proposed Project (s)" Estimated Cost . Year 1 CD (Lep....'r f,..,......lr Si.M.. "-""'. r-<.c<r Sp~'"iti~(" ?i"'e~ III ? vJ. 00 <bLM.1o.~"j t^"pr'J.Jt~~ to .frv.....J. I S~4 ;, (e..,.r r'),I'i~ 11 './<oJ '-'0 Year 2 ~~ '>",.Id i P~H+- ",,, \""s~H 1uu..r,:> f....r- A" Si.vl.... 117.,000 00 \,.~"" :.....J."tk-"'5 Year 3 _ v....... i. ~ .f\.oo;'" t.rJl\\.l5- a,b ftod'~ oN ("'''<' :It "3 ~"6.oD ,..r..?"">\ Year 4 C\tU\.I'-, re.f.....;;- o."'c p",,,,+ . \ ""'-.; ~,,~r-:,,'" Y\.o;.rf.. ~ 5," ex;. 00 <i.:t,,~W &-""~". Year 5 -;;",_ -rN.t.-~ ~"""'A&\-..c rtLJ,:.>.r "-{.:t.r6s. jUboo.oo ,f-,.,t'I.... Year 6 N'v...J l'-,~ , lav~r'l "'''~\::>''''' .fluvit "J\ 'ncls<b<;,M,rJ-; 31 \;:'00,)0 Year 7 o pare'" \,~"'~ .fQr C"";N-0-0ry jl..o,:,,,,, " z...~o.uo CD oJ,,,,, +lc:ou[l,",",\ 4- rc..~!"'\~ ("- CO.y)'C...."".ns,<.,..f2.czJ..fV'\, :if I,IS-O,o,:::, . Year 8 N~"" p~,io. "wr.:;f'~''''~ .f:cl'\t ~ "5\4 G-",~< i 1,,,"00.00 Year 9 l1) '5w~p O\I.{V\.(....'v '100.00 ~"'I'r WV\~"'<..,oJ~ -tor ~f.:\p. a.1'\J.. Mse ~e-\u~~ ~ (,'LOo 00 Year 10 (2..E:.....J,r.(. G-..r,... -i-o c~ ~^~ ,,-eo f"-':'"' I~J".{...- ft l;roO 00 Use additional sheets if necessary Projects may be interior or exterior, but must utilize all ofvour tax savines. Retain copies of all receipts and permits for submittal with the required annual reports. ~ :It/-/.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH RONALD AND ADELE CORSENTINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Mills Act Preservation Agreement between Ronald and Adele Corsentino, and the City of San Bernardino, which is attached hereto. marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III III III 1 RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH RONALD AND ADELE CORSENTINO. 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 6 Council Members: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk 2008. The foregoing resolution is hereby approved this Approved as to form: JAMES F. PENMAN City Attorney day of Patrick J. Morris, Mayor City of San Bernardino .~ Exhibit "A" HISTORIC PROPERTY PRESERV A nON AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , by and between the City of San Bernardino, a municipal corporation ("City"), and Ronald and Adele Corsentino ("Owner"). RECITALS I. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 3435 Circle Road, San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on Monday, December 15, 2008 ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (I) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remammg. 4. Owner Protest of Citv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt 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 2 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 ofNonrenewal. 5. Standards for Historical Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Attachment "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 Attachment "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 3 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance; Yearlv Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to 4 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 with 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 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Propertv; 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 determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 II. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Manager's Office 300 North D Street San Bernardino, CA 92418-000 I Owner: Ronald and Adele Corsentino 3435 Circle Road San Bernardino, CA 92405 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, 6 successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnitv of Citv. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his /her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation oflaw or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, 7 or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of hislher office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severabilitv. In the event that any ofthe 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. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino III III III III III III 8 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") State of California or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 Attachment A EXHIBIT "A" THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO MUSCUPIABE, AS PER PLAT THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF VISTA DRIVE AND HILLHURST DRIVE, AS SHOWN ON THAT CERTAIN RECORD OF SURVEYS RECORDED AUGUST 23, 1943, IN BOOK 4 OF RECORDS OF SURVEYS, PAGE 60, RECORDS OF SAN BERNARDINO COUNTY; THENCE NORTH 820 37' EAST, 31.68 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID HILLHURST DRIVE FOR THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERN LINE NORTH 430 29' EAST, 204.09 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY LINE; THENCE NORTH 29.05 FEET; THENCE NORTH 700 40' EAST, 226.14 TO THE WESTERLY LINE OF THE ARROWHEAD TRACT, AS PER PLAT THEREOF RECORDED IN BOOK 11 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY, THENCE SOUTH 00 3' WEST, 275.25 FEET ALONG SAID WESTERLY LINE TO THE SOUTHEAST CORNER OF THE PROPERTY OF EMMETT J. CULLIGAN AND WIFE AS DESCRIBED IN THE DEED RECORDED NOVEMBER 12, 1948, AS INSTRUMENT NO. 95 IN BOOK 2319 OF OFFICIAL RECORDS, PAGE 509; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID CULLIGAN PROPERTY NORTH 820 59' WEST, 24.35 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 820 56' 30" WEST, 26.27 FEET TO A GATE POST; THENCE SOUTH 780 32' WEST, 74.29 FEET; THENCE SOUTH 640 58' WEST, 23.92 FEET; THENCE SOUTH 700 55' WEST, 21.35 FEET; THENCE SOUTH 78058' WEST, 41.35 FEET; THENCE SOUTH 840 54' WEST, 39.88 FEET; THENCE NORTH 81" 18' 30" WEST, 39.61 FEET; THENCE NORTH 570 53 WEST, 41.51 FEET TO A CROSS MARKED ON A ROCK WALL; THENCE NORTH 340 54' WEST, 47.45 FEET TO AN ANGLE, INT IN SAID SOUTHERLY BOUNDARY; THENCE SOUTH 820 37' WEST, 8.32 FEET TO THE .cUE POINT OF BEGINNING. 7 .II Attachment "B" o Corsentino 3435 Circle Road, San Bernardino, CA . ,\ .11-;, ~. f'.' o Attachment C Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project (s)* Estimated Cost Year I n i.J.J A- ~ c; -, bO (;, I-""i'-' ,- t:)l.T Year 2 '\)" /_ 9DD ,k.1 \ fc)(T 0.<\ v c- \.,U2,l cc, Year 3 PA-,,...->-,;- E:x \1"~ \ '^^' 3L-_cJ[) Year 4 (7c{l~- L '\ y,p Ac "'7~, _ "-, -.G -4.....L- ~ --- ::;<L'('(I Year 5 ~/f::" -L L{('0T.I\ \ ~ '., 't" , L' -":':100 J~lJ(}JI ~ Year 6 D tL\ V::c 1~lt V' '32(' 0 V I"--L..L Year 7 0' LcJcL , t C::>--\~'\ Tk.1T \L- '-010C ,\ Year 8 --, lIVt~l- \VA\~T -Lt--'-T -, i) ---, .?___t----'t ~) )-00 Year 9 1~ {, L .A<---.f' ~ +c Vct'''--, (---D l..\.J---'Tl"' ] '3 100 Year 10 i2... c:- fA- \ {.2_ \--+~-D ~,--i c () D -z:>.- C LI \J I U t,. ~c,u'" () .:...-0 j Use additional sheets if necessary Projects may be interior or exterior, but must utilize all ofvour tax savine:s. Retain copies of all receipts and permits for submittal with the required annual reports. /ic ", /, . I ,,,---, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH KATHRYN GAIL MUMMERY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Mills Act Preservation Agreement between Kathryn Gail Mummery and the City of San Bernardino, which is attached hereto, marked Exhibit ""A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III III III 1 RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH KATHRYN GAIL MUMMERY. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney Exhibit "A" HISTORIC PROPERTY PRESERV A nON AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , by and between the City of San Bernardino, a municipal corporation ("City"), and Kathryn Gail Mummery ("Owner"). RECITALS 1. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 420 W. 25th Street, San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on Monday, December 15, 2008 ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (I) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice ofNonrenewal in any year, this Agreement shall remain ineffect for the balance ofthe term then remammg. 4. Owner Protest ofCitv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt 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 2 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 Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner, when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Attachment "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 Attachment "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 3 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance; Yearly Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to 4 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 with 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 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Propertv; 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 determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 II. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Manager's Office 300 North D Street San Bernardino, CA 92418-000 I Owner: Kathryn Gail Mummery 420 W. 25th Street, San Bernardino, CA 92405 6 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. IS. 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 federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnifY shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 7 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of hislher office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severabilitv. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the 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. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino III /II III III 8 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") State of California or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 Attachment A Pritchett_Ca . Exhibit A All that real property situate in the City of San Bernadino, County of San Bernadino, State of California, described as follows: The East 40 feet of Lot 10 and the West 30 feet of Lot II, in Block uHn, Tract No. 1758, Polytechnic Square Subdivision No.3, as per map thereof reCorded in Book 25 of Maps, Page 51, in the office of the County Recorder of said County. Assessor's Parcel No. 0149-16\-05 11 il4/2008 Attachment "B" o Mummery 420 W. 25th Street, San Bernardino, CA 92405 o 11/19/2008 00:22 Year Year I Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 YearJO Attachment C 9098824941 2008 Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Proposed Project (5)* Estimated Cost ~ ex:> - C! ... *See attached list of potential projects. Use additional sheets ifneceBsary Projects may be interior or exterior, but must utilize 311 ofvour tax savinl!"s. Retain copies of all receipts and permits for submittal with the required annual reports. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH SLA WOMIR AND ALICE NIEWIADOMSKI. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Mills Act Preservation Agreement between Slawomir and Alice Niewiadomski and the City of San Bernardino, which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION AUTHORIZING THE EXECUTION OF A MILLS ACT PRESERVATION AGREEMENT WITH SLA WOMIR AND ALICE NIEWIADOMSKI. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof. held on the , 2008, by the following vote, to wit: _ day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney Exhibit "A" HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made on this, , by and between the City of San Bernardino, a municipal corporation ("City"), and Slawomir and Alice Niewiadomski ("Owner"). RECITALS I. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 390 W. 24th Street, San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Attachment "A" and incorporated herein by this reference. . 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - 363, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2, of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on Monday, December 15,2008 ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term ("Renewal Date"), an additional one (I) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice ofNonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining. 4. Owner Protest of Citv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt 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 2 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 Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. O\\iner, 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 Attachment "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 Attachment "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Attachment "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 3 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision ofInformation of Compliance; Yearlv Administrative Fee. Owner hereby agrees to furnish City with any and ~ll information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. B. Remedy - Cancellation. City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to 4 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 with 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 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; 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 determined by the Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 5 11. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that they restrict development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Manager's Office 300 North D Street San Bernardino, CA 92418-0001 Owner: Slawomir and Alice Niewiadomski 390 W. 24th Street San Bernardino, CA 92405 6 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnifY, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards. decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnifY shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 7 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the 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. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino III III III III 8 HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") State of California or the United States District Court for the Central District of California, Riverside Division, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form: JAMES F. PENMAN City Attorney By: 9 Attachl'\ent A EXHIBIT "A" The land referred La in this report is situated in the Slate of California, County of SAN BERNARDINO and is described as follows: :'OT 16 AND 17. BLOCK "E" OF TRACT NO. 1758 POLYTECHNIC SQUARE NO.3, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25, PAGE 51 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Attachment "B" o Niewiadomski 390 W. 24th Street San Bernardino, CA 92405 c o o o o Attachment C 2008 Mills Act Program Ten- Year Rehabilitation Plan City of San Bernardino Year Proposed Project (s)* Estimated Cost Year I Ala",,, $;(s,f'Cmj inspe.c+ c:.hi"",,"Y~ ((din; tlcc-- t i)oo 00 ,{wi,-e 4 ;",itll/ ru..w cvH,d5/t I'wits ' . Year 2 4,,,,,,.1 ma,~ftnunt~ if Rtf'"irs (A, "1. >/ R.) 00 5ec.u,;f" li'lhfin4; roo{~ ....iVldcw n'p<<',rs "if} 50(). Year 3 A. H. "R, ,. w{wN...eYp....oo{;nj ; F"",d,n:/ in~;or '7, 50D, 00 Year 4 A.H,~ R; -fu",,;t-e. -tr'e.ll f-ry, 't"."", -I if r~fair ; ;2,IN',"o 11k re.place..iY'e.n+ 1 r~pa',y Year 5 A.M. (R;.fo-..(..~ I-~_p~i("'o.- f1CA.J;,Mino~" ptl.lht;~ ~c ~ 2CCi. ~ e.x.te......io-r r.e....rairs; \vitf'\dt.1v >Cl'<.l---(.A.S ~ hc.(..,.-ck..xve. - , Year 6 A.M. ~R, \ re",..~.n~cr.f;...r"().ce.:.( I"C.pllir{lOor; I-Ih'C"" D~bj.,{f r'<.-1?/lj,.-,' w-ea...f{.,u-ovoo+;nC/ /;( 5'0, 00 Year 7 A.M. ~R; rtfo-u.. kj+c.J,e.iLCab;",e.Ts; .... rec1 0 5,3()O,OO kj+c.~ -!1.ccyirv>J Year 8 /1)"1,. ~ R! (;t.,r""ney r(f"; r; -fouY<do.tt'rm bo(ti::J 00 i i .sel S.,." I c.. worfL i fe. M 11.L. tr~ -h~<d 4 ('e.P<-I" 8IOCo. Year 9 JUt. ~ Rj r""nfi'"'3 e y: -H:,-yI&r- ~ (0)(+ .-fri r), ; ~ ,"500.00 'lVev.-/1.-tw-riroe-A""", Year 10 A ,/vl. ~ 1:...; C!,...'" ;4~ f','o+u:---n-"njc on---e.v""'(IT)', co I~lifhy s { c!cw....JPa>tD...; f'v--ho r-e..pa./,...- 4,6'DO. *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savinl!:s. Retain copies of aU receipts and pel"mits for submittal with the required annual reports. j , n I ./'/. ,/ o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Catherine Pritchett, Management Analyst I Subject: Resolutions authorizing the execution of Mills Act Preservation Agreements. Dept: City Manager's Office Date: November 25, 2008 Council Meeting Date: December 15, 2008. Synopsis of Previous Council Action: December 3, 2007 _ Mayor and Common Council amend Resolution 2005-363 to include the use of a City Register of Historical and Architecturally Significant Properties for the purposes of Mills Act eligibility, and authorize a Mills Act Agreement with Mark Valadez. December 18, 2006 -Mayor and Common Council amend resolution 2005-363, changing the application period from November to October, and authorize a Mills Act Agreement with Myra Elder. 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, and authorizing four Mills Act Agreements. October 18, 2005 - Legislative Review Committee recommends implementation of a Mills Act Program. o Recommended motion: Adopt resolutions. {laJ-t"A ~YkY.j;{- Sig ture Contact person: Catherine Pritchett, Management Analyst I Phone: 5122 Supporting data attached: Staff report, resos, contracts Ward: 5 & 7 FUNDING REQUIREMENTS: Amount: Some nominal loss of property tax revenue annually, depending on property tax reductions. Source: (Acct. No.) (Acct. Description) Finance: o Council Notes: Agenda Item No. o o o STAFF REPORT Subiect: Resolutions authorizing the execution of Mills Act Preservation Agreements. Back!!round: The Mills Act is a state law designed to provide financial incentives for property owners that restore and maintain historic residential and commercial properties. The Mills Act involves property being assessed using a different methodology, the result is a reduction in property taxes paid by the property owner. The owner agrees to invest the savings into the property with the purpose of protecting and preserving the characteristics of historical significance of their historic property Applications for 2008 Mills Act Agreements were accepted from October I st through. October 31 st Prior to the deadline, five (5) property owners submitted complete applications along with the required application fees. Following staff review of the applications, a three-member sub- committee of the Historic Preservation Commission performed site surveys on each of the properties to determine their historic relevance. Utilizing similar procedures employed for the 1991 Historic Resources Reconnaissance Survey, the commissioners identified the date or period the homes were built, the architectural style of the structures, the construction materials that were used, and the historical significance of the property (prior ownership or use). After review, each of the sub-committee members submitted written recommendations to staff. Below is a brief description of each application. . Deborah Albert's Country Style Cottage was built in 1937 and is located at 590 E. Country Club Road in the 7'h ward. This property is not included in the 1991 Historic Resources Reconnaissance Survey, but was recommended for a Mills Act contract by all three of the commISSIOners. . Mr. & Mrs. Baird's 1938 Colonial Revival home is located at 296 E. Marshall Boulevard in the 7th ward. This property was reported by each of the commissioners to be in excellent condition and is included in the 1991 Historic Resources Reconnaissance Survey. . Mr. and Mrs. Corsentino's Spanish Colonial House was built in the 1930's and is located at 3435 Circle Road in the 5th ward. Although the property is not included in the 1991 Historic Resources Reconnaissance Survey, because of its exterior beauty and unique ownership history (former home of the Culligan Water family) the commissioners strongly recommend the property for a Mills Act contract. . Gail Mummery's Spanish Eclectic home, located at 420 W. 25th Street in the 7th ward, was built in the 1920's and is located in a historic district once know as "Doctor's Row." The property is listed in the 1991 Historic Resources Reconnaissance Survey and has been recommended by the commissioners. . Mr. and Mrs. Niewiadomski's 1930's Mediterranean style home is located at 390 W. 24th Street in the 7th ward. The property is included in the 1991 Historic Resources Reconnaissance Survey and has been recommended for a Mills Act contract by the o o o Upon adoption of this resolution, the property owner(s) will each enter into a 10-year preservation agreement, beginning December 15, 2008 and remaining in effect for a minimum initial term often (10) years thereafter unless canceled by the City pursuant to Section(s) 8 or 9 of the agreement. During this time the property owner (s) will be required to reinvest all property tax savings into rehabilitation or maintenance of the historic property. The agreement requires the property owner(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. The Mills Act program is becoming increasingly popular. Upon adoption if this resolution, the City will have II active residential Mills Act contracts with San Bernardino residents. The Press Enterprise recently reported the success the Mills Act program has had in assisting property owners with maintaining their historical homes. Participants in the program have seen property tax savings ranging from $200-$6,000. In addition, all of the participants have been compliant with the City's reporting requirements stated in the Mills Act Agreement. Financial impact: Property owners that have approved Mills Act contracts will see a reduction in their property tax assessments, resulting in a corresponding reduction in property tax revenues. In San Bernardino, the City receives an average of seventeen cents ($.17) 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. l Fedor Ma From: Sent: To: Cc: Subject: Prilchett_Ca Thursday, December 18, 20082:54 PM Fedor_Ma Wilson_Jo Mills Act Reso 2008-446 Hello Margaret, This afternoon, while the property owners were signing their Mills Act Agreement, they noticed that their address said "Drive" rather than "Road". The property owner made the correction on pages 1 and 6 of the Agreement, neither of which are signature pages. Concerned that I will receive resistance from the County Recorder'sf Assessor's Offices, I asked John Wilson (City Attorney's Office) if we could reprint and replace those two pages. He stated that the legal description is what binds the property to the Agreement, not the street address, and that there would be no legal implications to reprinting those two pages. Will you please reprint pages 1 and 6 of resolution 2008-4467 Call me when they are done and I will run down and grab them. Thank you! Catherine "Cat" Pritchett I Management Analyst I City of San Bernardino I City Manager's Office Phone: 909-384-5122 I E-mail: pritchetCca@sbcity.org 1 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: December 16, 2008 TO: Catherine Pritchett, Management Analyst I City Manager's Office FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Documents for Signature - Resolution No. 2008-446 At the Mayor and Common Council meeting of December 15, 2008, the City of San Bernardino adopted Resolution No. 2008-446 - Resolution authorizing the execution of a Mills Act Preservation Agreement with Deborah Albert. Attached are one (1) original agreement and two (2) duplicate original agreements for signatures. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to Margaret Fedor in the Citv Clerk's Office as soon as possible. Please be advised that the contract will be null and void if not executed by Friday, February 13, 2009. Thank you. I hereby acknowledge recei Signed: {It, Date: /OL/ n/;? I ' Ie-