Loading...
HomeMy WebLinkAbout07 MILLS ACT PROGRAM - 150 PACIFIC STREETAgenda Item 7 Reviewed: AGENDAREPORT City Manager Finance Director N/A MEETING DATE: DECEMBER 3, 2019 TO: MATTHEW S. WEST, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 150 PACIFIC STREET 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 (10) years. On June 16, 1997, the City Council authorized the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 150 Pacific Street. Owners: Paul Cox and Nilla Gelius Location: 150 Pacific Street RECOMMENDATION: That the City Council adopt Resolution No. 19-52 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. Cox and Ms. Gelius, the owners of the property located at 150 Pacific Street. FISCAL IMPACT: The execution of the historic property preservation agreement would reduce the property owner's property tax payment by approximately $5,700.00 annually and proportionately reduce the City's share of the property tax revenue for the property. The $500.00 application fee partially offsets staff and City Attorney fees to meet with the applicant, conduct the property inspection, review the application, prepare correspondence, the contract and City Council report, and administer the contract, which are estimated to be $1,500 for the minimum ten (10) -year contract period. City Council Report Mills Act Program December 3, 2019 Page 2 CORRELATION TO THE STRATEGIC PLAN: The proposed Historic Property Preservation Agreement furthers Goal A of the City of Tustin Strategic Plan pertaining to the vibrancy and quality of life in all neighborhoods and areas of the community. 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, 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 a 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 1997, 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's direction, the Mills Act program is made available to the owners of residential properties with an "A", "B", or "C" rating in the 1990 Tustin Historical Resources Survey. Residential properties with equivalent ratings in the 2003 Historical Resources Survey are also eligible to participate. Property Description The residence at 150 Pacific Street is located within the Cultural Resources District and has "C" and "5D1" ratings in the City's 1990 and 2003 Historical Resources Surveys, respectively. A "51311' rating in the 2003 Historical Resources Survey represents a contributor to a district that is listed or designated locally. The California Bungalow Style house was built in approximately 1925 (see Figure 1). The residence was constructed by fruit growing pioneer, William Bowman, who arrived in Tustin in 1881. The period of significance for this property is 1900 to 1945. A copy of the 1990 and 2003 Historical Resources Survey of the property is attached which contains a full description of the character defining features of this home (Attachment B). The residence and yard areas are in need of improvements. Although the owner is maintaining the property, the improvements required by the contract will rehabilitate the property over the contract period. City Council Report Mills Act Program December 3, 2019 Page 3 Figure 1 Mills Act Contract Provisions Exhibit A of Resolution 19-52 includes a draft historic property preservation agreement (Mills Act contract) prepared by the City Attorney and the Community Development Department for the property located at 150 Pacific Street. 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; however, optional provisions are included in the agreement at the discretion of the City Council. Required Mills Act Contract Provisions As noted in the draft agreement, the required minimum term of a historic property preservation agreement (Mills Act contract) is ten (10) 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 ten (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 ten (10) -year period. However, there is no penalty for contract cancellation if the property is significantly damaged by an Act of God or accidental cause, such as fire, flood, or earthquake. 13 «: 6 WE7 OWN Figure 1 Mills Act Contract Provisions Exhibit A of Resolution 19-52 includes a draft historic property preservation agreement (Mills Act contract) prepared by the City Attorney and the Community Development Department for the property located at 150 Pacific Street. 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; however, optional provisions are included in the agreement at the discretion of the City Council. Required Mills Act Contract Provisions As noted in the draft agreement, the required minimum term of a historic property preservation agreement (Mills Act contract) is ten (10) 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 ten (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 ten (10) -year period. However, there is no penalty for contract cancellation if the property is significantly damaged by an Act of God or accidental cause, such as fire, flood, or earthquake. City Council Report Mills Act Program December 3, 2019 Page 4 If the property is sold, the contract is binding upon all successors in interest to the owner, who will 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. City staff would utilize the Secretary of the Interior's Standards for Rehabilitation, the City of Tustin Residential Design Guidelines, and applicable Building Codes in evaluating the preservation, maintenance, and rehabilitation of the property. The interior and exterior of the premises must 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. Tustin Mills Act Contract Provisions The draft agreement includes standard terms and conditions, which are contained within Exhibit A of the draft historic property preservation agreement (Attachment A). The provisions are intended to be modified on a case-by-case basis. For example, 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. The Agreement also includes 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 four (4) items that were identified by City staff, in consultation with the owner, as being necessary over the minimum ten (10) - year contract term. By entering into a Mills Act contract with the City, the owner would agree to the following: Year 1: • Patch stucco as needed. • Paint exterior of house and garage. • Rehabilitate front yard landscape. Year 4: Patch/repair driveway City Council Report Mills Act Program December 3, 2019 Page 5 Year 10: • Paint exterior of house and garage. According to the terms of the contract, the improvements may be completed to the satisfaction of the City no later than one (1) year following the year indicated. During project review and inspection, City staff identified some improvements on the property that need to be corrected prior to contract recordation. These items include bringing electrical boxes, conduit and wiring up to the current Building Code, remove a small unpermitted shed on the south side of the property, obtain a building permit or remove a patio trellis at the back door, remove overgrown ivy attached to the house, seal all water lines where they exit the house, and relocate a firewood pile located adjacent to the garage. 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 will take effect on the following July 1 of the same year. Elaine Dove, AICP, RLA Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Resolution No. 19-52 Exhibit A: Historic Property Preservation Agreement Exhibit B: Historical Property Preservation Terms, Standards and Conditions B. 1990 and 2003 Historical Resources Survey Excerpts, 150 Pacific St. ATTACHMENT A RESOLUTION NO. 19-52 RESOLUTION NO. 19-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 150 PACIFIC 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; 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) 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. 3) Preserve historic and architecturally significant residential properties. 4) Retain and protect significant areas of archaeological, paleontological, or historical value for education and scientific purposes; 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; WHEREAS, the 1990 City of Tustin 2003, and the 2003 Survey has an updated to the ratings in the 1990 Survey; Historical Resources Survey was updated in rating system with ratings that are equivalent WHEREAS, the owner of the property located at 150 Pacific Street has submitted an application to enter into a historic property preservation agreement with the City of Tustin; Resolution No. 19-52 Page 2 WHEREAS, the residential property at 150 Pacific Street qualifies for a historic property preservation agreement because it has "C" and "5D1" ratings in the City of Tustin Historical Resources Surveys; 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; WHEREAS, the preservation of important resources and neighborhoods would have beneficial indirect effects on local businesses, economic stability, and community pride; and 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 Community Development Department to coordinate, process, and execute the historic property preservation agreement attached hereto as Exhibit A with the owner of the property located at 150 Pacific Street, Tustin, California. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of December, 2019. CHARLES E. PUCKETT, MAYOR ATTEST: ERICA N. YASUDA CITY CLERK Attachment: Draft Historic Preservation Agreement Resolution No. 19-52 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 19-52 ERICA N. YASUDA, 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. 19-52 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of December, 2019. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92780-3767 Exempt from SB2 fee per Government Code SPACE -ABOVE THIS LINE FOR RECORDER'S USE 27388.1 (a)(1)(2)(D) --_- =- HISTORIC PROPERTY PRESERVATION. -AGREEMENT This Agreement is entered into this , -day of = by and between the City of Tustin ("City"), a muniq.o corporation, anMul Cox and Nilla Gelius ("Owners"). RECITALS WHEREAS, pursuant to Go the City of Tustin is authorized to cl to restrict the use of the property a rehabilitation so that it -=.r -6.t to ns_ -its hi, WHEREAS, th_City to encourage the preservati California=_.A legal des and is mcoft ted her WHER% $, the Tustin Historical -iso Code Section 502801-'1= ,ouricil has a n of -Qualified 551-10, Corr f -the Prope is reference; Code Section 50280 et seq. (the "Mills Act"), h_the owrer=o_f_ a Qualified Historical Property de for Its appropriate use, maintenance and by resolution the use of such contracts iI Property in the City; subject of this Agreement is identified as mly known as 150 Pacific Street, Tustin, is attached hereto, marked as Exhibit "A," that is subject to this Agreement is listed in the City of rvey, which satisfies the requirements of Government ified Historical Property; and WHEREAS, the property is residentially zoned and has a "C" rating in the 1990 City of Tustin Historical Resources Survey and a rating of "5D1" in the 2003 City of Tustin Historical Resources Survey, all of which satisfies the criteria established by City Council Resolution No. 97-50. 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 cant' 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 1. Property Subject to this Agreement The property, which is the subject of this Agreement, is identified as Assessor Parcel Number 401-551-10 commonly known as 150 Pacific Street, California (the "Property"). A legal description of the Property is attached hereto, marked as Exhibit 'A" and is incorporated herein by this reference. 2. 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 owners) 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. 3. Commencement, Term and Renewal of Agreement 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. B. Each year, upon the anniversary of the effective date of this Agreement, the term shall automatically be extended for one (1) 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 (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 (1) year being automatically added to the term of this Agreement. D. 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 (10) -year term of this Agreement and renewal provisions hereof. G. 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. 4. Recordation of Agreement The City Clerk shall record this Agreement with the Orange County Recorder within twenty (20) days of its execution by both parties. 5. 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 (6) months of the effective date of this Agreement. The City shall provide owner with the applicable address. 6. Standards and Conditions for Maintenance of Property 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. 3 7. Periodic Examination 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 the terms of this Agreement. 8. Furnishing Information Owner shall fumish City with any and all information requested by City, which may be necessary or desirable to determine Owner's compliance with this Agreement. 9. Enforcement of Agreement 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 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. Binding 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. B. 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 4 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. 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 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. (3) Owner has violated one (1) 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. B. 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 12.5 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. 5 E. 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 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 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. 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 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 Attn: Director of Community Development 300 Centennial Way Tustin, CA 92780 To Owner: Paul Cox and Nil/a Gelius 150 Pacific Street Tustin, CA 92780 Notice shall be deemed sent or "served" upon the date of deposit in the United States Mail. 14. 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. 15. 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. 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, shall defend same at Owner's sole expense by counsel satisfactory to City. 16. Entire Agreement 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 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. 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. 7 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. 19. Authority to Enter Agreement 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 David Kendig City Attomey Date: CITY OF TUSTIN By: Date: Elizabeth Binsack Director of Community Development Owners: By: Date: Paul Cox Date: Nilla Gelius 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. D-* EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Tustin, County of Orange, State of California, described as follows: Lot 21 of Tract No. 334, as per map recorded in Book 14, page 46 of Miscellaneous Maps, in the Office of the County Recorder of Said County. APN. 401-551-10 9 EXHIBIT "B" HISTORICAL PROPERTY PRESERVATION TERMS, STANDARDS AND CONDITIONS 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 (or equivalent) and digital photographic portfolio showing all elevations of all buildings and structures from at least three angles, all 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, floor plans, architectural elevations and historical photographs that may be in Owner's possession. 2. 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. 3. All changes to Property and any structures thereon shall comply with applicable City zoning and 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 Regular Code and/or the State Historical Building Code, as deemed appropriate by the Building Official. 4. 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. 5. City shall be notified prior to the exterior non -emergency repair and rehabilitation of any structure on the Property. 6. 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. ius 7. 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. 8. 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. 9. 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: Patch stucco as needed and repaint the exterior of the house and garage. Rehabilitate or install new front yard landscape and irrigation to complement the historic resource. Year 4: Patch and/or repair driveway. Year 10: Repaint the exterior of the house and garage. 10. 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. 11 ATTACHMENT B 1990 AND 2003 HISTORICAL RESOURCES SURVEY EXCERPTS, 150 PACIFIC STREET ADDRESSt 150 PACIFIC ST DATES 1925 STYLE: CALIFORNIA. BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION: CITY OF TUSMW HISTORICAL SURVEY Stucco now covers the exterior of the clapboard -clad single -storied California Bungalow at 150. It is a twin to the. one on the north at 140, and has a smooth 6nkh morn like that used on houses fifty or sixty years ago. The low-pitched roof features silo -facing gables and an offsetfront-facing porch gable. 6 -inch -wide boards, placed vertically, occupy the gable faces. Square columns, sitting on stopped stacce-clad pl'ern, support the porch roof. Double -hung windows, in pars and singles, arc used throughout the rest of the house. The Front door is new. The original single clapboard -clad garage is located in the rear and features its original car -siding -clad doors. SIGNIFICANCE[ Constructed by William Bowman in 1925, this bungalow is very similiar in design to the one next door at 140. Bowman, who arrived in Tustin in 1881, was a pioneer in the fruit -growing industrry. He went into the ranching business in 1887, with apricots, walnuts, and oranges as his primary crops. He owned 20 acres of land and leased additional property. I. A. Drake owned the house from 1925 until 1934 and appears to have maintained it as rental property. He sold it to John Dunstan, who lived on 17th Street near Prospect, and it continued to be in use as a rental unit. In 1939 Edward and Mary: Fuller, a retired couple from Santa Ana, purchased the house andmoved in to stay for several years. These bungalows, though probably not significant on their own, contribute to the historic fabric of the Tustin Historic District. 150 PACIFIC STREET See following pages for property information State of California —The Resources A aenov P,rim,y DEPARTMENT OF PARKS AND RECREATION HR; BUILDING, STRUCTURE, AND OBJECT RECORD Pagel of 1 *N= Status Code: 111 *Resource'_tiame,orR 1 ;c 15.1Facdc 5tres-ei Bl_ 11iSturiC N2DIE 131 CommmName: B3_ Ori&W Use: Reddoabl B4. Present Use: Reddential *131 6. Architeci al SW Cdliharn& Bw gee *$6. ConA [Ghon Hi StWT (Cnssftct ad" .lic�-+t --. andel to of ah�) mar to the hungdow at 140 Pacific :street the tuDding was const uctecdby fiuit growing pioneer, t1ia11iam Bones in 19'25. lir.. Boamm auh d in lbstn. in 19SI and becam arancherTiiith aprkota, walmlts, and manees as his primary aWr_ The house was sold w E, A Drake is 141.5 and used as a rental until. Edward. a> d Nfary Fullerpurchased it in:193p Ct_=' a4 daphaard-clad, this tie has been cmwed widk stucco- The hoot door is new. *B7_ _Mmr, , X No Dyes ®LUmmm Bate: Orighial Ucation: *]3S_ ited Features. B9a Architert:ualmovm b.Bmrlder_' fflianBimman *1110. S cmce: Theme: Residential Arcbiteaure, Ci=1mt=y Area: Asa Ami-Tasdn, CA: Period of Significance: 1900-194-5 Property r Rasi[dential .Appkible Criteria_ BC �,tas: v is Wim: of lBs�xical fly s�isitwtrual rrntaet a: �afia�+l'6Y �, psi ani gaotaagizi� sug�a..49:a addr.�s inm�it4 j This .hors is sigiffcant as an example of Cal a Bamgalow architeatre in Tustin and beaume of its association with early IiaW a resident, �S'iliiam goyymarq. The buldia'a character defining features include, but are not limited to: low pitched roof with side Racing gables and ftorit facing porch gable • sin -:inch wide boards, placed E erticalIj lane the gable face • square ccrlunm , fitted on stepped stacco clad piers, supporting the porch roof doable bung %midow-% in. pairs and singles, mut the exterior original single: ,clapboard dad garage is located in. the rear with original carr siding clad doors B11.. onA Re owce Afrlmtes- 0MY4ir& Famly Property *31:1. References- C V of Twfin Rhforual S:lrW, thirtieth street architects, inc., June, 1990, liarn:.4 C* O'T.rees, Cuo1H. Jordan, Heritage ]Media Carp_ 1996. B13_ Ranzim This building zeguaes additional intrmation andresearch to assess Rally, i signflica ce *1114. Esainafor_'1BAU� C. Jordan *Date dErAnafion: Oct 2002 1.7, his spam reserved for offidal comments.) DPR 523B (1195) *Required infomtation