HomeMy WebLinkAboutCC RES 00-89]?
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RESOLUTION NO. 00-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND
EXECUTE THE HISTORIC PROPERTY PRESERVATION
AGREEMENT ATTACHED HERETO AS EXHIBIT 1 WITH THE
OWNERS OF THE PROPERTY LOCATED. AT 178 NORTH C
STREET, TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the State of California enacted the Mills Act (California
Government Code Section 50820 et seq.), which authorizes cities to enter into
contracts with the owners of qualified historic propertie§ to provide for the use,
maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance; and
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WHEREAS, the Tustin General Plan identifies the following policies.related
to. the preservation of historic properties' ..
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't) Encourage the'restoration and rehabilitation Of properties in TuStin'ieligible
for inclusion on the National Register of Historic Places according to the
rehabilitation guidelines and tax incentives of the National Trust for Historic .
Preservation.
2)
.Preserve historically.significant structures and si:t-es, and encourage the
conservation and rehabilitation of older buildin.gs',. 'sites and neighborhoods
that contribute to the City's historic character. ' , .
Preserve historic and architecturally significant residential properties-.
4)
Retain and protect significant areas of archaeological, paleontological, or
historical value for education and scientific purposes; and ....
WHEREAS, the City Council adopted Resolution.. No.. 97-50 on June 16,
1997 and determined that the use of historic 'property preservation agreements in
'i"ustin will be limited to residential properties that'are not exempt from property
taxation and have an "A," "B," or "C" rating in the City of Tustin Historical
Resources Survey; and
WHEREAS, the owners of the property located at 178 North C Street have
submitted an application to enter into an historic property preservation agreement
with the City of Tustin; and
WHEREAS, the residential property at 178 North C Street qualifies for an
historic property preservation agreement because it has a "C" rating in the City of
Tustin Historical Resources Survey; and
WHEREAS, the preservation of individual historic properties through the
execution of historic property preservation agreements in Tusti.n would serve to
maintain the historical integrity of individual structures, citywide, including those
within the Tustin Cultural Resources District; and
WHEREAS, the preservation of'important resources and neighborhoods
would have beneficial indirect effects on local businesses, economic stability and
community pride; and
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Resolution No. 00-89
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WHEREAS, Pursuant to Section 15308 (Categorical Exemptions)of the
California Environmental Quality Act (CEQA), historical agreements are
considered categorically exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the City CoUncil of the City of
Tustin authorizes the City Manager or authorized designee to coordinate, process,
and execute, the historic property preservation agreement attached hereto as
Exhibit I with the owners of the property located at 178 North C Street, Tustin,
California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 18th day of December, 2000.. .
Mayor.
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE . )
CITY OFTUSTIN. )
ss
CERTIFICATION FOR RESOLUTION NO. 00-89
PAMELA STOKER, City' Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City. of Tustin is 5; that the above and foregoing Resolution No,.
00-89 was 'duly and regularly introduced, passed, and adopted at a regular
meeting of the Tustin City Council, held on the 18th day of December, 2000.
COUNCILMEMBERAYES: ~HOMAS, WORLEY, BONE, DOYLE, KAWASHIMA'
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED" NONE
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COUNCILMEMBER ABSENT: NONE
PAMELA STOKER
City Clerk
WHEN RECORDED I/,/-.1L TO:
Director of Community Development
City of Tustin
300 Centennial Way
· Tustin, CA 92780-3767
sPaCE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Ag're'ement is entered into this day of ,¢~ , by and
between the Ci~ of Tustin ¢City"), a municlpal corporatio, n, and M[Re Ber~ev~n and Susan
Teague Bergevin, joint .tenants ("Owner").
RECITALS
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WHEREAS, pursuant to Government Code Section 50280 et seq. (the "Mills Act"),
the City of Tustin is.authorized to contract with the owner of a Qualified Historical Property
to restrict the use of the property and to provide for its appropriate use, maintenance and
rehabilitation so that it retains its historic characteristics; and
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WHEREAS, the City Council has approved by resolution the use of such contracts
to encourage the preservation of Qualified Historical Property in' the City; and
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WHEREASi the property which is the subject of this.Agreement is identified as
Assessor Parcel Number 40'I-53'i-25, commonly known as, 'l F8 N. C Street, Tustin,
California. A legal description of.the Property is attached hereto, 'marked as Exhibit "A,"
and is incorporated herein by this reference; and "
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WHEREAS, the property that is' subjeCt to this Agreement is listed in the City of
Tustin Historical Resources Survey, which satisfies the requirements of Government
Code Section 50280.~ 1 as a Qualified Historical Proper[y; and
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WHEREAS, the property is residentially zoned and has an "A", "B", or "C" rating in
the City' of Tustin Historical Resources Survey, all of which satisfies the criteria
established, by City Council Resolution No.. 97-50. .,
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WHEREAS, the City and Owner, for their mutual benefits, now desire to enter into
this Agreement to limit the use of the property to prevent inappropriate alterations and
ensure that the character-defining features are preserved and maintained in an
exemplary manner, and to carry out the purposes of California Government Code,
Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for
an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of
Division 1 of the California Revenue and Taxation Code.
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NOW, THEREFORE, based on the ab6ve recitals and the mutual promises and
cover~ants oontained herein, the parties agree as follows:
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AGREEMENT
_Property Subject to this Agreement
The prope,dy which is the subject of this Agreement is identified as Assessor
Parcel Number 40'1-531-25, commonly known as '178 N. C Street, Tustin,
California (the "Property"). A legal description of the Property is attached hereto,
marked as Exhibit "A," and is incorporated herein by this reference.
Definitions
Except as otherwise defined herein, the following words and phrases have the
following meanings:
"Serve notice" means to follow the notice procedures of Section 13.
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"~Owner" means the property owner(s) of record of the Property and includes
assignees with rights of possession and successors in interest to the Owner
Signing this agreement. .
"Qualified Historical Proper[y" means privately owned property which is not
exempt from property taxation and which meets the criteria set forth in
Government Code Section 50280.1.
Commencement, Term and Renewal of Agreement
A,,
"This Agreement shall beck)me effective on the date first above written, and
unless canceled'pursuant to Section 1 I, shall remain in effect for a term of
ter~ (10) years.
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Each year, upon the anniversary of the effective date of this Agreement, the
term shall automatically be e~ended for one additional year unless written
notice of nonrenewal is served as provided herein. See Section 13 for
procedures on service of notice.
If Owner or City desires in any year not to renew this Agreement, such part~
shall serve written notice of nonrenewal on the other party.
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(1) If served by Owner, notice'of renewal must be se~ed on City at least
ninety (90) days prior to the annual renewal date. .
(2) If served by City, notice of renewal must be served on Owner at 18asi
sixty (60) days prior to the annual renewal date.
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(3) Failure to meet the notice 'deadlines above will result in one year
being automatically added to the term of this Agreement.
Within fifteen (15) calendar days of the date. of the CitY's notice of
nonrenewal, Owner may make a written protest to the City.. "
(2)
'Upon receipt of such. protest, the City Council shall sche¢.ule a
hearing on the matter prior to the annual renewal date' · ....
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At such hearing, Owner may present any informatiOn which Owner
deems relevant.
(3) Based on Owne.r's protest and the information presented at the
.hearing, the City Council may withdraw the City's notice of
nonrenewal at any time prior to the'annual renewal date.
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Any notice of nonrenewai which has not been Withdrawn prior to the next
annual renewal date, shall be recorded with the'Orar~ge. County Recorder.
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After the annual renewal'date, the parties may.agree, a.t' any time, by written
and recorded instrument, to reinstate the'ten-year ter'm of this Agreement
and renewaipr0visionshereof- .~ .. ....:...
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Unless this Agreement is otherwise canceled as .proVided in Section 11,
after notice of 'nonrenewal has been served and not withdrawn, this
Agreement shall remain in effect for the 'balance"of'the term remaining,
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including any prior renewal term,
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Recordation of Aqreement
The City Clerk shall record this Agreement with the Orange County Recorder
within twenty (20) days of its execution by both parties.
Notice tp office of Historic Preservation
Owner shall provide, or cause to be provided, written notice of this Agreement to
the State Office of Historic Preservation within six months of the effective date of
this Agreement, which is ~. The City shall provide owner with the
applicable address.
Standards and Conditions for Maintenance of Property
The 'Property shall be subject to the standards and conditions set fodh in Exhibit
"B",. which is attached to this Agreement and incorporated herein by this reference.
Owner shall comply with the standards and conditions set forth in Exhibit "B".
Periodic Examination of Pro. p_.g~.
Upon prior notice, Owner shall allow the reasonable periodic examination of the
interior and .exterior of the premises of the Property'by representatives of City', the
Orange County Assessor:, the State Department of Parks and Recreation, and the
State Board of Equalization, as may be necessary to determine Owner's
compliance with the terms 0f 'this Agreement.
Furnishing. Information
Owner shall furnish City with any and' all information requested by City, which may
be necessaw or desirable to determine Owner's compliance with this Agreement.
Enforcement of A g_r. ee__n_ ~__e_n~
in lieu of and/or in additioi"'~ to any provisions to Cancel this Agreement, Ci.ty may
bring an action in court to enforce this Agreement, includir~g, but not limited to, an
action to enforce this Agreement.by specific performance or by injunction. If the
City determines there is a violation of the provisions of this Agreement by Owner,
a'nd Ci.ty decides to enforce rather than cancel the Agreement, Oity shall send
written notice to Owner ir'~. accordance with Section 13. if such violation is not
corrected to the reasonable satisfaction of the City within thirty (30) days after the
date the notice, of Violation is sent by mail, or within such 'longer period of time as
specified or agreed to by City, then City may, without fur[her notice, declare a
default under the terms of this Agreement and bring any action necessary to
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specifically enforce the obligations of. Owner under this A2reement, including, but
not limited to, bringing actions for specific performance or injunctive relief.
.Bindinq Effect on Successors and Assigns/Covenants Run with the Land
A~
This Agreement is binding upon and inures .to the benefit Of all successors'
in interest to Owner, to Owner's assigns and all person, acquiring any part or
portion of the Property, whether by.operation of law or otherwise.
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The Owner hereby subjects the Proper?t to the covenants, reservations and
restrictions as set forth in this Agreement, including Exhibit "B". City and
' Owner hereby declare their specific intent that the covenants, reservations'
and restrictions as set forth herein shall be deemed covenants running with
'the land and shall pass to and be binding .upon the Owner's successors and
assigns in title or interest to the Property. Each and every contract, deed or
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other instrument hereinafter executed, covering or conveying the Property,
or any portion thereof, shall conclusively be '"held to have been executed,
delivered and accepted subject to the covenants, reservations and
restrictions expressed in. this. Agreement regardless of whether such
covenants, reservations and restrictions are set'{orth'"in Such contract, deed
or other instrument. City and Owner' hereby declare their understandin, gs
and intents that the burden of the covenants, 'reservations and restrictions
set forth herein touch and concern the land i'n that the value :..of the Owner's
legal interest in the Property may be affected.'the~'eby. City and Owner
hereby fur[her declare their.understandings and. intents that.:the benefit of.
such'covenants, reservations and restrictions t~Uch., and concern the land
by enhancing and maint.aining the historic characteristics and significance of
the Properly for the.benefit of the public and Owner;.
Cancellation of Agreement
A,
City may cancel this Agreement if it determines, after a duly noticed public
hearing as provided herein, that Owner has committed any of the f.011owing
acts'
(1)
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Owner has failed to maintain, restore or rehabilitate the Property in
accordance with the terms, standards .and' conditions set forth in
Exhibit "B".
(2)
(3)
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Owner has allowed the Property to deteriorate to the point that it no
longer meets the City's standards for a Qua:lifted Historical Property.
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Owner has violated.one or. more. provisions Of this Agreement.
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An Owner wh'o does not occupy the Property, shall, nevertheless be responsible at
all times under this Agreement, for the condition of the Property and compliance
with this Agreement.
B~
Ce'
City shall serve written notice of proposed cancellation on Owner stating the
grounds for cancellation and Setting a public hearing date on the matter.
Notice of the hearing shall also be sent by U.S. mail to the last known
address of each owner of Qualified Historical Property in the City, and shall
be published pursuant to Government Code Section 6061.
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Upon cancellation of this Agreement as provided in Subsection A, aboge,
Owner shall pa~ a cancellation fee of 12¼ percent of the current fair market
value of the Property, as determined by the County' Assessor as thou§h the
property were free of the contractual restriction. The cancellation fee shall
be paid to the County Auditor in the manner prescribed by the County'
Auditor .
City may also cancel this Agreement, at Owner's request, if the Property is
acquired in whole or in part by eminent domain or by an entity authorized to
exercise the power of eminent domain, and if.City determines that such
acquisition frustrates the purpose of this Agreement. Under these
circumstances, no cancellation fee shall be imposed upon Owner.
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City may also cancel this Agreement, at Owner's request, if so much of the
Property has been destroyed, in whole or in part and that, in the. sole
opinion of the City, the historic value of the Property has been destroyed.
Under these circumstances, no cancellation fee shall be imposed uPon ..
Owner... City may-cancel this Agreement, at Owner's request, if the
Properly is darnaged by fire, earthquake, or other Act of God or accidental
cause to the extent that (1)' the then fair market value of the structure is
reduced by 51 percent or more; or (2) 51 percent or more of the structure's
floor area is destroyed or" irreparably damaged; or (3) 51 percent or more of ....
the structure's historic features are destroyed or irreparably damaged; or (4)
the cost to the Owner (exclusive of insurance proceeds) to restore the
structure to its prior' condition would exceed $10,000.00. Owner shall
reimburse City for all expenses incurred by City in determining the extent of
damage or destruction° If the Owner desires to cancel this Agreement
under this Section, written notice shall be given to the City within 90 days-
after such damage or destruction occurs. In the event the Owner desires to
cancel this Agreement due to the circumstances Outlined above; owner or
Ci.ty may request a hearing 'before the City Council to determine (a) the
~:;xtent of diminution o'~ value, (b) the extent of the damage or destruction to
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the floor area of said Structure, and/or (c) extent of damage or destruction
to the character defining features of said structure.
12. Waiver
The waiver by City of the performance of any covenant or condition of this'
Agreement shall not be considered a waiver of subsequent performance of that or any
other covenant or condition of this Agreement. ..
13. Notice
Any notice required to be given pursuant to this Agreemen~ shall be sent 'by
certified mail, postage Prepaid, 'return receipt requested, addressed as follows or
addressed as later specified by either party:
To City:
City of Tustin
Community Development Department
AEn: · Director of Community Development
300 Centennial Way
Tustin, CA 92780
'To Owner:
Mike.Bergevin and Susan Teague Berge.v. in
'178 N. 'C Street
Tustin, CA 92780'
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-Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail."
14. Fee to Administer Mills Act Proc~ram ' "'
At the time established by City Council resolution, Owner.... shall pay City a fee,
established by City Council resolution, Pursuant to Gove~rnment Code Section
5028.1 This fee is to cover City's costs of. administering the Mills Act Program in
the City.
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Defense, Indem_nification and Hold Harmless
Ao
Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from ali claims arising from Owner's
performance under this Agreement, or from any activity, work, or omissions
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by Owner or caused by Owner in connection with this Agreement.
B,
Owner shall further defend, indemnify and hold harmless City, its officials,
employees, and agents against'and from all costs, attorneys fees, and
liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon. In case of any action or proceeding brought
against City by reason of such claim, Owner, upon notice from City,. shali
defend same at Owner's sole expense by counsel satisfactory to City.
16.
E'ntire Aqreement
This Agreement and the Exhibits attached hereto constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede all prior
discussions, negotiations, and agreements whether oral or written.
17, Amendment
This Agreement shall only be amended by written instrument, signed by both
parties'and recorded in the Office o~the Orange County Recorder.
t8.
Miscellaneous Provisions
A,
None of the terrns, provisions or conditions contained in this Agreement
shall be deemed to create a partnershiP, a joint venture, or a joint enterprise
between the parties hereto.
B.
This Agreement shall be construed in accordance with the laws of the State
of California.
C,
In the event that any of the provisions of this Agreement are held to be
unenforceable Or invalid by a Court of competent jurisdiction or by
subsequent preemptive legislation, the validity and enforceability, of the
remaining provisions shall not be affected.
.D.
Owner' understands that it is Owner's responsibility to apply for the
reassessment of valuation afforded by this Agreement pursuant to Chapter
3, Part 2, of Division 1 of the California Revenue and Taxation Code.
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19. Authority ~o Enter A_qreement
Each person executing this Agreement. warrants that they have the authority to
enter into this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the'parties have executed this Agreement as of the date
first written above° . ·
Approved as to Form
LOis E. JEF~
City Attorney
CITY OF TUSTIN
Owner.
Date:~ By:
By:
SIGNATURES ARE TO BE NOTARIZED"
IF THIS CONTRACT IS PROPOSE'D. TO' BE SIGNED.. BY
THE PROPERTY OWNER'S AGENT, T. HE CITY WILL
REQUIRE WRITTEN EVIDENCE oF. THE AGENT'S
AUTHORITY TO ENTER INTO THIS AGREEMENT ON
BEHALF OF THE. OWNER. THE WRITTEN .EVIDENCE
MUST BE REVIEWED AND APPROVED BY 'THE "",CITY
AT'TORNEY. ·
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 27 in Block B of Tract No. 338, 'Tustin Home Tract, in the City of Tustin, County o~
Orange, State of California, as per /.nap recorded in Book ~4 Page(s) 5~ of
Miscellaneous Maps, in the Office of the County Recorder of Said County.
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EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
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To have a baseline for comparison when future maintenance or alterations are
being evaluated and for reconstruction of portions in the event of a disaster, Owne. r
shall create a black and white 35 mm photographic portfolio showing all elevations
of all buildings and structures from at least three angles, ali character-defining
exterior details, and other details of-special interest. A copy of the portfolio shall be
submitted to the Community Development Department within one year of the
effective date of this Agreement. All structureS, the entire grounds, and all major ·
landscape features shall be included in the portfolio and copies of existing site
plans, floo'r plans., architectural elevations and historical photographs that may be
in Owner'~ possession.
Owner shall preserve, maintain, and, if indicated in the schedule for repair and
rehabilitation, restore or rehabilitate Property and its character-defining features,
notably the general architectural form, style, materials, design, scale, proportions,
organization' of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction
of City.
All changes to Property and any structures thereon Shall comply with applicable
Ci~ specific plans, Ci~ regUlations and guidelines, and conform to the rules and
regulations of the Office of Historic Preservation of the California Depar[ment of
Parks and Recreation, the U.S. Secretary of the Interior's Standards for
Rehabilitation and the State Historical Building Code.
City shall be notified by Owner of changes to character-defining exterior features
prior to their execution, such as major 'landscaping projects, exterior door
replacement or exterior alterations requiring a-building' permit.
.City shall .be notified pdor to the exterior non-emergency repair and 'rehabilitation of
any structure on the Property.
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The following are prohibited without the prior written consent of the City'
Demolition of any structure on the Property.
Exterior alterations or additions not in .keeping with the standards listed
above. .
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The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls and windows;
Storage of scrap lumber, junk, trash, debris, discarded or unused objects
such as .cars, appliances or furniture;
Stagnant water and unfilled excavations;
Any other device, decoration, structure or Vegetation which is unsightly by
reason of its height, condition or inappropriate location, as determined by
city..
l..andscaping shall be maintained in a manner so as to enable the public to see the
historic features of the Prolserty from 'the street and shall be watered and
maintained in accordance with recognized landscaping practices..
Owner' Shall make improvements to the property as described in the following
schedule 'for repair and rehabilitation, unless changes to the schedule are
approved in writing by the City .and Owner. The improvements noted in the-
schedule-may be completed prior to the year indicated and shall be completed to
the Satisfaction of the City no later' than One year following the year indicated.
for R~p_a. ir an.d R;ei~abilitati, o._,n_
Y,~.a.r 6.:
Remove air conditioning unit on the south side of the house.
Repaint exterior of house and garage.
Ownei' shall provide the City with a written annual report which specifies actions
taken by Owner to fulfill the requirements of the Agreement. The annual report
shall be st.~brnitted to the City on an annual basis at times specified by the City,
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