HomeMy WebLinkAboutCC RES 20-73 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952
RESOLUTION NO. 20-73
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 250 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 Historical Resources Survey was updated in
2003, and the 2003 Survey has an updated rating system with ratings that are equivalent to
the ratings in the 1990 Survey;
WHEREAS, the owners of the property located at 250 Pacific Street have submitted
an application to enter into a historic property preservation agreement with the City of
Tustin;
Resolution 20-73
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WHEREAS, the residential property at 250 Pacific Street qualifies for a historic
property preservation agreement because it has "B" and "5131" 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 with the owner of the property
located at 250 Pacific Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 15th day of December, 2020.
DocuSigned by:
EF�I�SEk9?+^141...
LETITIA CLARK,
Mayor
ATTEST:
5 DocuSigned by:
qm'�.
ERICA N.0;�WL A,
City Clerk
Exhibit A: Draft Historic Preservation Agreement
Exhibit B: Historical Property Preservation Terms, Standards and Conditions
Resolution 20-73
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, 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. 20-73 was duly and
regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council,
held on the 15th day of December, 2020.
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
FDocuSigned by:
V'iLa gxsLaa
ERICA A,
City Clerk
Resolution 20-73
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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 , by and between the
City of Tustin ("City"), a municipal corporation, and Michael S. Goren and Harriet Gayle
Goren ("Owners").
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 401-551-18, commonly known as 250 Pacific Street, 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 "B" and "5131" ratings in the
City of Tustin Historical Resources Surveys, 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 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.
DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952
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 401-551-18, commonly known as 250 Pacific 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.
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 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.
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 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.
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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.
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-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 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.
7. Periodic Examination of Property
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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 furnish 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
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
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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 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'/2 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.
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
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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: Michael Goren and Harriet Gayle Goren
250 Pacific Street
Tustin, California 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
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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.
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
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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:
Justina L. Willkom
Community Development Director
Approved as to Form
City Attorney
Owner
Date: By:
Michael S. Goren
Owner
By:
Harriet Gayle Goren
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.
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EXHIBIT "A"
RESOLUTION 20-73
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EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
1. 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.
7. The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
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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 10.-
0
0:• 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.
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WH1=N_ RECORDEC3.MAIL TO:
Director of Community Development
City of Tustin
306 Centennial Way
Tustin, CA: 92780-3767
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11�1 1111111111 111 111111 111 111111 11�1 1NO FEE
*$ R 0 0 1 2 3 4 9 2 5 1 $ *
202000074271412:17 pm 12/16/20
9 RW9A Al2 12
0.00 0.00 0.00 0.00 33.00 0.00 0.000.000.00 0.00
ExemptpiromSKI" erGovernment:Gode
SPACE ABOVE THIS LINE FOR RECORDER'S USE
P7388 1(01,)0(1( )
HISTORIC PROPERTY PRESERVATION AGREEMENT'
This Agreement is entered into this h6l . . 0
; by and between the
City of Tustin ("City"), a mun�G�pal corporation:, and Michael .Loren end Harriet Gayle
Goren ('"Owners").
RECITALS
WHEREAS, pursuant to Government Code Sectlon 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
rehabi[Itat"ion so that it retains its historic characteristics, and
f11JHEREAS, 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 55.1 8i commonly known as 250 Pacigt Street, California.
A legal description of the Property is attached hereto;. marked as Exhibit "A;" and is
incorporated herein by this reference; and
WHEREAS, the propertythat is subject to this,Agreement is listed in the City of Tustin
Historical Resources Survey,. which saties the: requirements of Government Code Section
5.0280A as a Quail.fied Historical Property, and
WHEREAS, the property is residentially zoned and has T" and. `"5E1" ratings in the
City of Tustin Historical, Resources Surveys:, all' of which satisfies the criteria established by
City Council Resolution No. 97 50.
WHEREAS; the City and Owner., for their mutualbenefits:, now desire to enter :into
this Agreement to limit the: use of the property toprevent inappropriate_ alterationsand
ensure that the character-dei:ining features are preserved and maintained in an exemplary
manner.; and to carryout the purposes of California coven rent Code, Chapter 1.,. Part'5 of
Divisions l of Title 5, Article 1.2; Sec.. 502aG 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:.
DocuSign Envelope ID: 7E903B6F-CD10-4BD6-99F7-522D5A0286C4
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
City of Tustin ("City"), a municipal corporation, and Michael S
Goren ("Owners").
RECITALS
by and between the
Goren and Harriet Gayle
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 401-551-18, commonly known as 250 Pacific Street, 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 "B" and "5131" ratings in the
City of Tustin Historical Resources Surveys, 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 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.
DocuSign Envelope ID: 7E903B6F-CD10-4BD6-99F7-522D5A0286C4
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 401-551-18, commonly known as 250 Pacific 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.
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 owrter(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.
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 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.
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(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.
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-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 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",
DocuSign Envelope ID: 7E903B6F-CD10-4BD6-99F7-522D5A0286C4
which is attached to this Agreement and incorporated herein by this reference.
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 furnish 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 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 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 12Y2 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.
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: Michael Goren and Harriet Gayle Goren
250 Pacific Street
Tustin, Califomia 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United States
Mail.
I
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 Courtof competent jurisdiction or by subsequent
preemptive legislation, the validity and enforceability of the remaining
provisions shall not be affected.
DocuSign Envelope ID: 7E903B6F-CD10-4BD6-99F7-522D5A0286C4
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
DocuSigned by:
Qj 12/16/20
City Attorneys
Date: I )-// '1,"--0
CITY OF TUSTIN
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By:
_ 4 zk 2 aUk--
Just a Willkom
Director of Community Development
Owner
Michael S. Goren
Owner
Harriet Gayle Goren
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.
CALIFORNIA NOTARY ACKNOWLEDGMENT
For An Individual Acting In His/Her Own Right:
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that
document.
State of California )
) ss.
County of Q"r— )
On U./"#2,r) before me, 5In
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
[NOTARIAL SEAL]
.8110411111111/11111/1Its 1111 I1Now 1N@9%
F SIMON PHUOC NGUYEN
COMM. #2195693 a
NOTARY PUBLIC - CALIFORNIA �
ORANGE COUNTY
My Commission Expl.05/04/2W1
'111/UU1111U11$1114114111111111111 ;
My commission expires: OS'd►1
HEL6850CA (1115)
Signature
S,'Mfin Rh -Aft
Print Name
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 401-551-18
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 10, 11, 12, 13, 16 AND 17 IN BLOCK E OF BUNDYS ADDITION TO
TUSTIN, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 16, PAGE 30.OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 14 IN BLOCK E OF SAID BUNDYS ADDITION;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 14 AND NORTHERLY PROLONGATION
THEREOF NORTH 0 DEGREES OF 07' 52" EAST 118.36 FEET TO THE TRUE POINT OF BEGINNING;
THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID BLOCK E, NORTH 89 DEGREES 50' 00"
WEST A DISTANCE OF 223.82 FEET TO THE WESTERLY LINE OF SAID LOT 11; THENCE ALONG
SAID WESTERLY LINE AND NORTHERLY PROLONGATION THEREOF NORTH 0 DEGREES 06' 39"
WEST A DISTANCE OF 69.73 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID
BLOCK E, SOUTH 89 DEGREES 59'00" EAST A DISTANCE OF 224.11 FEET TO THE EASTERLY LINE
OF SAID BLOCK E, THENCE ALONG SAID EASTERLY LINE SOUTH 0 DEGREES 07' 52" WEST A
DISTANCE OF 69.73 FEET TO THE TRUE POINT OF BEGINNING.
CLTA Preliminary Report Form - Modified (11/17/2006) Printed: 07.28.19 @ 12:06 AM
3 CA-CT-FWKO.02180.055860-SPS-1-19-68601906145
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.
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:
• Roof Maintenance
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.
2