HomeMy WebLinkAbout11 HIST. PROP. PRESER. 12-03-01AGENDA REPORT
NO. 11
12-03-01
MEETING DATE'
TO'
FROM'
SUBJECT'
DECEMBER 3, 2001
400-10
WILLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
MILLS ACT PROGRAM -- HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 245 SOUTH A STREET
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SUMMARY
The Mills Act is state legislation that provides for reduced property taxes on an eligible
historic property if the property owner agrees to maintain and preserve the property for a
minimum of ten years. On June 16, 1997, the City Council authorized the implementation
of a Mills Act program in Tustin and established a policy specifying which properties would
be eligible for the program. Exhibit 1 of this report is a draft historic property preservation
agreement for the property located at 245 South A Street. This is the fourth historic
property preservation agreement to be considered by the Council. The body of the
agreement contains standard language that is required by State law to be included in
every Mills Act contract. Exhibit B to the Agreement, however, has been customized for
the property at 245 South A Street. Because the property is undergoing a major
expansion and renovation, the improvements required over the minimum 10-year contract
term relate to the completion of the current construction activities. Additional historic
property preservation agreements will be agendized for consideration by the Council as
more Mills Act program applications are received.
Owners: James and Janett Kuehnert.
RECOMMENDATION
That the City Council adopt Resolution No. 01-113 authorizing the execution of an Historic
Property Preservation Agreement (Mills Act Contract) with James and Janett Kuehnert, the
owners of the residence located at 245 South A Street.
FISCAL IMPACT
The execution of the historic property preservation agreement would reduce the property
owner's property tax payment and proportionately reduce the City's sham of the property
tax revenue for the property. The $500.00 application fee offsets staff and City Attorney
costs to administer the contract, which are estimated to be $1,480 for the minimum 10-
year contract period.
City Council Report
Mills Act Program
December 3, 2001
Page 2
BACKGROUND AND DISCUSSION
Adopted by the California Legislature in 1976, the Mills Act gives local governments the
authority to grant property tax relief to owners of qualified historic properties, including
owner-occupied single family residences and income producing properties. In exchange
for this relief, the property owners must agree by contract (a Mills Act contract) to maintain
the properties in accordance with specific historic preservation standards and conditions.
According to State law, all properties that are assessed property taxes and listed on an
historic register or survey are potentially eligible to participate in a local Mills Act program.
If desired, each community has the discretion to target the program to specific historic
properties. In June of this year, the Tustin City Council authorized the implementation of a
Mills Act program in the City of Tustin and established a policy for historic property
preservation agreements (which are commonly called Mills Act contracts) by resolution.
Pursuant to Council direction'
1)
The Mills Act program in Tustin is being made available to the owners of
residential properties with an "A," "B," or "C" rating in the Tustin Historical
Resources Survey. Properties may be owner-occupied or income
properties.
2)
Commercial properties are excluded because they are eligible for other
programs such as the Commercial Rehabilitation program.
3)
The Mills Act does not apply in Tustin's Redevelopment areas because
there are other programs available in these areas.
Mills Act Contract Provisions
Exhibit 1 of this report is a draft historic property preservation agreement (Mills Act
contract) prepared by the City Attorney and the Community Development Department for
the property located at 245 South A Street. This draft agreement is based on the model
agreement presented to the City Council on June 16, 1997.
The draft agreement contains all of the contract provisions required by State law. These
provisions are discussed below. As requirements of State law, these provisions may not
be modified by the City. However, the optional provisions discussed later in this report are
included in the agreement at the discretion of the City Council.
City Council Report
Mills Act Program
December 3, 2001
Page 3
Required Mills Act Contract Provisions
As noted in the draft agreement, the required minimum term of an historic property
preservation agreement (Mills Act contract) is ten years. Each year, the contract term is
automatically extended an additional year, unless terminated by the property owner or the
City of Tustin for any reason. If terminated without penalty, the agreement would end at
the end of the current 10-year term. The property owner is assessed a penalty of 12.5
percent of the property's current fair market value at the time of cancellation if the contract
is canceled by the property owner prior to the end of the 10-year period. However, there is
no penalty for contract cancellation if the City or other agency exercises eminent domain
on the property, or if the property is significantly damaged by an Act of God or accidental
cause, such as fire, flood, or earthquake.
If the property is sold, the contract shall be binding upon all successors in interest to the
owner, who shall have the same rights and obligations under the contract as the original
owner who entered into the contract.
Pursuant to Section 50281 of the California Government Code, the agreement provides for
the preservation and maintenance of the characteristics of historical significance of the
qualified historical property. Additional optional requirements for maintenance and
rehabilitation are included as optional provisions. City staff would utilize the Secretary of
the Interior's Standards for Rehabilitation and the City of Tustin Residential Design
Guidelines in evaluating the preservation, maintenance, and rehabilitation of the property.
The interio, r and exterior of the premises shall be made available for periodic examinations,
by prior appointment, by representatives of the City, the County Assessor, the Department
of Parks and Recreation, and the State Board of Equalization. Furthermore, to ensure
compliance with the terms and provisions, the agreement includes a provision that
requires the owner to furnish any pertinent information needed by the City.
Optional Mills Act Contract Provisions
The draft agreement includes several optional provisions, which are contained within
Exhibit B of the agreement. The provisions in Exhibit B are intended to be modified on a
case-by-case basis to specifically identify pertinent items.
For example, Exhibit B of the agreement provides for the restoration or rehabilitation of the
property according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the
State Historical Building Code, and the regulations of the State Office of Historic
Preservation. In the case of the property at 245 South A Street, the current restoration
City Council Report
Mills Act Program
December 3, 2001
Page 4
and/or rehabilitation is already required to be in accordance with the U.S. Secretary of the
Interior's Standards for Rehabilitation.
Exhibit B also includes optional provisions for a photographic portfolio, landscape and
property maintenance, a schedule for repair and rehabilitation, maintained visibility,
submission of an annual report, and a prohibition on demolition.
The schedule for repair and rehabilitation includes two items that were identified by City
staff, in consultation with the owners, as being necessary over the minimum 10-year
contract term. By entering into a Mills Act contract with the City, the owners would agree
to make these improvements in year 1. According to the terms of the contract, these
improvements may be completed to the satisfaction of the City no later than one year
following the year indicated.
Property Description
The residence at 245 South A Street has a "B" rating in the City's Historical Resources
Survey. The single story craftsman house was built around 1908. It is located in the
Tustin Cultural Resource District.
The present owners are making significant improvements to the residence and yard areas.
The contract requires the timely completion of these improvements.
Contract Recordation
Following contract execution, the agreement will be recorded with the Orange County
Recorder's Office and copies will be forwarded to the County Assessor and the State
Office of Historic Preservation.
Because Mills Act assessments are made on an annual basis, the tax benefits associated
with executed contracts submitted to the County Assessor by January 1 take effect on
July 1.
Scott Reekstin
Senior Planner
Elizabeth A. Bi~sa~k' '
Director of Community Development
Attachments: Resolution No. 01-113
Exhibit 1 - Historic Property Preservation Agroement
SR:~nillsact 245 South A Street.doc
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RESOLUTION NO. 01-113
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 I WITH THE
OWNERS OF THE PROPERTY LOCATED AT 245 SOUTH A
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 properties to provide for the use,
maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance; and
WHEREAS, the Tustin General Plan identifies the following policies related
to the preservation of historic properties:
1)
Encourage the restoration and rehabilitation of properties in Tustin eligible
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)
3)
Preserve historically significant structures and sites and encourage the
conservation and rehabilitation of older buildings, 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
Tustin 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 245 South A Street have
submitted an application to enter into an historic property preservation agreement
with the City of Tustin; and
WHEREAS, the residential property at 245 South A Street qualifies for an
historic property preservation agreement because it has a "B" 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 Tustin 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. 01-113
Page 2
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 245 South A Street, Tustin,
California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 3rd day of December, 2001.
Tracy Wills Worley
Mayor
Pamela Stoker
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 01-113
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. 01-113 was duly and regularly introduced, passed, and adopted at a regular
meeting of the Tustin City Council, held on the 3rd day of December, 2001.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
WHEN RECORDED MAIL 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 Agreement is entered into. this day of , , by and
between the City of Tustin ("City"), a municipal corporation, and James B. 'Kuehnert and
Janett !. Kuehnert, Trustees of the James B. Kuehnert and Janett I. Kuehnert Living Trust
Dated July 20, 1999 ("Owner").
RECITALS
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
· 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
WHEREAS, the property which is the subject of. this Agreement is identified as.
Assessor Parcel Number 401-562-09, commonly known a.s 245 South A Street, Tustin,
California. A legal description of the Property is attached hereto, marked as Exhibit "A,"
and is incorporated herein by this reference; and
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 Property; . and
WHEREAS, the property is residentially zoned and has a "B" 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. -
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows'
AGREEMENT
Property. Subject to this Agreement
The property which is the subject of this Agreement is identified as Assessor
Parcel Number 401-562-09, commonly known as 245 South A Street, Tustin,
California (the "Property"). A legal description of the Property is attached hereto,
marked as Exhibit "A," and is incorporated herein by this reforence.
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.
"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 Property" means privately owned property which is not
exempt from property taxation and which meets the criteria set forth in
Government Code Section 50280.1.
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Commencement. Term and Renewal of Aoreement
A.
This Agreement shall become effective on the date first above written, and
'unless canceled pursuant to Section 11, shall remain in effect for a term of
ten (10) years.
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Each year, upon the anniversary of the effective date of this Agreement, the
term shall automatically be extended for one additional year unless written
notice of nonrenewal is served as provided herein. See Section 13 for
procedures on service of notice.
C,
If Owner or City desires in any year not to renew this Agreement, such party
shall serve written notice of nonrenewal on the other party.
(1)
If served by Owner, notice of renewal must be served 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 least
sixty (60) days prior.-to the annual renewal date.
(3)
Failure to meet the notice deadlines above will result in one year
being automatically added to the term of this Agreement.
Do
Within fifteen (15) calendar days of the date of the City's notice' of
nonrenewal, Owner may make a written protest to the City.
(1)
Upon receipt of such Protest, the City Council shall schedule a
hearing on the matter prior to the annual renewal date.
(2)
At such hearing, Owner may present any information which Owner
deems relevant.
(3)
Based on Owner'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.
E,
Any notice of nonrenewal which has not been withdrawn prior to the next
annual renewal date, shall be recorded with the Orange County Recorder.
F~
After the annual renewal date, the parties may agree at any time, by written
and recorded instrument, to reinstate the ten-year term of this Agreement
and renewal provisions hereof.
St
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,
including any prior renewal term.
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Recordation of Ao_reement
The City Clerk shall record this Agreement with the Orange County Recorder
within twen~ (20) days of its execution by both parties.
Notice to 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 effoctive date of
this Agreement,' which is' . The City shall provide owner with the
applicable address.
Stnndards and Conditions for Maintenance of Propert7
The Property shall be subject to the standards and 'conditions set forth in Exhibit
"B", which is attached to this Agreement and incorporated herein by this reference.
Ownor shall comply with the standards and conditions sot forth in fixhibit "B".
Periodic I=xamination of Property.
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 tho torres of this ^§reement.
Furnishina Information
Owner shall furnish City with any and all information requested by City, which may
be necessary or desirable to determine Owner's compliance with this Agreement.
Fnforcement of Ao_reement
In lieu of and/or, in addition to any provisions to cancel this Agreement, City may
bring an action in court to enforce this Agreement, including, 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,
and City decides to enforce rather than cancel the Agreement, 'City shall send
written notice to Owner in 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 further notice, declare a
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default under the terms of this Agreement and bring any action necessary to
specifically enforce the obligations of Owner under this Agreement, including, but
not limited to, bringing actions for specific performance or.injunctive relief.
10.
Rindin~ Effect.on Successors. and Assi~nsiCovenants 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.
a.
The Owner hereby subjects the Property 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
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 forth in such contract, deed
or other instrument. City and Owner hereby declare their understandings
and intents that the burden of the covenants, reservations and restrictions
set forth herein touch and concern the land in that the value of the Owner's
legal interest in the Property may be affected thereby. City and Owner
hereby further deClare their understandings and intents that the benefit of
such covenants, 'reservations and restrictions touch and concern the land
by enhancing and maintaining the historic characteristics and signifiCance of
the Property for the benefit of the public and Owner.
11.
Cancellatiorl of Aareement
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 following
acts:
(1)
Owner has failed to maintain, restore or ..rehabilitate the Property in
accordance with the terms, standards and conditions set forth in
Exhibit "B".
(2)
Owner has allowed the Property to deteriorate to the point that it no
longer meets the City's standards for a Qualified Historical Property.
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(3)
Owner has violated one or more provisions of this Agreement.
An Owner who 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.
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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.
C,
Upon cancellation of this Agreement as provided in Subsection A, above,
Owner shall pay a cancellation fee of 12~ percent of the current fair market
value of the Property, as determined by the County Assessor as though, 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
D.
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
Property is damaged 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 ali 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
City may request a hearing, before the City Council to determine (a) the
extent of diminution of value, (b) the extent of the damage or destruction to
the floor area of said Structure, and/or (c) extent of damage or destruction
to the character defining features of said structure.
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 c°venant or condition of this Agreement.
Any notice required to be given pursuant to this Agreement 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
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Attn' Director of Community Development
300 Centennial Way
Tustin, CA 92780
To Owner:
James B. Kuehnert and Janett i. Kuehnert
245 South A Street
Tustin, CA 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail.
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Fee to Administer Mills Act Program
At the time established by City Council resolution, Owner shall pay City a fee,
established by City Council resolution, pursuant to Government 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. Indemnification and Hold Harmless
A.
Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all claims 'arising from Owner's
performance under this Agreement, or from any activity, work, or omissions
by Owner or caused by Owner in connection with this Agreement.
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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, shall
defend same at Owner's sole expense by counsel satisfactory to City.
16. Entire A~_reement
This Agreement and the Exhibits attached heret° 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 of the Orange County Recorder.
18.
Miscellaneous Provisions
A.
None of the terms, 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.
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 I of the California Revenue and Taxation Code.
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19.
Authority to Fnter Aareement
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.
CITY OF TUSTIN
By:
Approved as to Form
City Attorney
Owner
Date:
By:
By:
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SIGNATURES ARE TO BE NOTARIZED
IF THIS CONTRACT IS PROPOSED TO BE SIGNED BY
THE PROPERTY OWNER'S AGENT, THE 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
ATTORNEY.
EXHIBIT "A"
LEGAL DESCRIPTION
The west 100 feet of Lot 11 in Block F of part of Tustin City in the City 'of Tustin, County
of Orange, California, as per map recorded in Book 4 Page(s) 218 and 219, of
Miscellaneous Maps in the Office of the County Recorder of said County. Except all
water, claims or rights to water, in or under said land.
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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, Owner
shall create a black and white 35 mm photographic portfolio showing all elevations
of ali buildings and structures from at. least three angles, all character-defining
exterior details, and other details of special interest. A copy of the pod'folio 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, floor plans, architectural elevations and historical photographs that may be
in Owner's 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.
Ail changes to Property and any structures thereon shall comply with applicable
City specific plans, City regulations and guidelines, and conform to the rules and
regulations of the Office of Historic Preservation of the California Department 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 prior 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.
The following are prohibited at any time:
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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
.Landscaping shall be maintained in a manner so as to enable the public to see the
historic features of the Property 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.
Schedule for Repair and Rehabilitation.
Year 1:
Complete the extedor improvements and receive all final inspections
related to Building Permit No. C00-0154.
Year 1'
Landscape the front yard with groundcover or other plant material
pursuant to the requirements of the Tustin City Code.
10.
1100-00013
45526,1
Owner 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 submitted to the City on an annual basis at times specified by the City.
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